548 new attorneys admitted to practice in state

There were 548 attorneys sworn-in across the state this week, 229 of them in ceremonies today at the Tennessee Performing Arts Center in Nashville. Tomorrow the court travels to Knoxville for the duties. Ceremonies were held in Memphis and Jackson last week. Many new attorneys and their families visited the TBA for lunch and open house at the Tennessee Bar Center today after their admissions. See pictures of the event here:

http://www.tba.org/news/2006_falladmissions/

TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.

01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
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00 - Formal Ethics Opinions - BPR

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2006/certlist_112006.pdf


ANDRE L. DOTSON v. CITY OF MEMPHIS

This is a corrected opinion.


Court: TCA

Attorneys:

Andre L. Dotson, appellant, pro se.

Fred E. Jones, Jr., Memphis, Tennessee, for the appellee, City of Memphis.

Judge: KIRBY

This Opinion was filed on October 25, 2006. The correction has been to change the word "State" to "City" on the following pages: p. 1, 4th line: "The State. . ." Changed to "The City. . . " p. 1, 8th line: "subsequently filed. . . to the State's motion. . ." Changed to ". . . the City's motion." p. 2, 3d par., 4th line: ". . . to the State's motion. . . " Changed to ". . . to the City's motion. . . " p. 2, 3d par., 7th line: "lawsuit, the State's motion. . ." Changed to "lawsuit, the City's motion. . ." p. 3, 2d par., 4th line: "his court costs after the State. . ." Changed to "his court costs after the City. . ."

This is an appeal from the dismissal of an inmate’s civil action for failure to pay costs in prior lawsuits. The plaintiff inmate, proceeding pro se, filed a complaint in the trial court against the defendant municipality alleging violations of the government tort liability act, proceeding as a pauper. The City filed a motion to dismiss the case based on Tennessee Code Annotated § 41-21-812, because the plaintiff had failed to pay costs in previous lawsuits filed by him. Realizing that his lawsuit was subject to dismissal under the statute, the plaintiff then paid the initial filing fee and cash bond for the instant lawsuit, but did not pay the costs for the prior lawsuits. The plaintiff subsequently filed a response to the City’s motion to dismiss, claiming that, although he initially was prohibited from filing the lawsuit, because he subsequently paid his filing fees for the instant lawsuit, Section 41-21-812 was not applicable. The trial court dismissed the case pursuant to the statute. The plaintiff now appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2006/dotsona_corr_112006.pdf


STATE OF TENNESSEE v. R.D.S.

Court: TCA

Attorneys:

Joseph D. Baugh, Franklin, Tennessee, for the appellant, R.D.S.

Paul G. Summers, Attorney General & Reporter; Mark A. Fulks, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: COTTRELL

A high school student was charged with the delinquent acts of possession of marijuana and drug paraphernalia after those items were found in his truck, which was parked on school grounds. In his de novo appeal of the juvenile court’s adjudication, the circuit court denied the student’s motion to suppress his admission that the marijuana was his. The trial court determined that Miranda warnings were not required because the student was not in custody when he made the incriminating statements. After a hearing, the student was adjudged to be delinquent. We affirm the trial court as to the introduction of the incriminating statements and also affirm the introduction of the seized evidence because the search was subject to the reasonable suspicion standard.

http://www.tba2.org/tba_files/TCA/2006/rds_112006.pdf


STATE OF TENNESSEE v. ANTONIO GEORGE

Court: TCCA

Attorneys:

Randy G. Rogers, Athens, Tennessee, for the appellant, Antonio George.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Jerry N. Estes, District Attorney General; and Wylie Richardson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Antonio George, was convicted of carjacking, a Class B felony, and sentenced as a Range I, standard offender to eight years in the Department of Correction. On appeal, he argues that (1) the evidence is insufficient to support his conviction; (2) the trial court erred in excusing a prospective juror who had a pending criminal case; (3) the trial court erred in restricting the cross-examination of the lead investigating officer; (4) the trial court erred in failing to charge the lesser-included offenses of theft and robbery; and (5) the trial court erred by not giving a curative jury instruction regarding a comment made by the prosecutor. Following our review, we reverse the judgment of the trial court and dismiss the charge against the defendant.

http://www.tba2.org/tba_files/TCCA/2006/georgea_112006.pdf


TODAY'S NEWS

Legal News
TBA Member Services

Legal News
AG: TBI okay in releasing juvenile records
The state attorney general's office says the Tennessee Bureau of Investigation did not err when it released the juvenile records of people who are now adults to a state department.
The News Sentinel has this AP story
The Sun's appeal goes to court
The Tennessee Supreme Court has agreed to hear The Jackson Sun's appeal regarding its suit against the city of Jackson over open-records issues. The Sun filed suit in Madison County Chancery Court in January 2005, claiming the city failed to disclose public records after the newspaper made written requests on three separate occasions. The paper contended the city either ignored the requests or wrongly claimed the requested records were not open to the public.
Read about it in the Jackson Sun
Weinman named assistant disciplinary counsel
Retired Criminal Court Judge Bernie Weinman of Memphis has been retained to fill a new position as assistant disciplinary counsel for the Tennessee Court of the Judiciary, Presiding Judge Steven Stafford, chancellor for the 29th judicial district, said today.
Read about it in the Chattanoogan.com
Process for filing Circuit Court seat begins
The Judicial Selection Commission is beginning the process of filling the vacancy in the Circuit Court of the 5th Judicial District. The vacancy was created by the appointment of Judge Dea Kelly Thomas to the state Court of Criminal Appeals.
Applicant questionnaires are available at the AOC web site
Current Juvenile Court is outmoded system, Malone says
Shelby County Commissioner Deidre Malone speaks out about the second juvenile court judgeship, why it's needed and why her interest in it is not policital.
Read her column in the Commercial Appeal
Van Tran loses appeal to avoid death sentence
Deciding when a death-row inmate must be spared execution because of mental retardation cannot be based solely on the testimony of psychiatric experts, a state appeals court says. The ruling by the state Court of Criminal Appeals came on a petition from convicted killer Heck Van Tran, who was at the center of a Tennessee Supreme Court ruling five years ago banning execution of mentally retarded inmates.
Read this AP story in the News Sentinel
Report: Child support system is frustrating
Of the 240,000 child support cases in Tennessee, roughly 60 percent do not pay consistently, according to Michelle Mowery-Johnson, spokeswoman for Tennessee's Department of Human Services. The Shelbyville Times Gazette examines the details -- and frusrtrations -- of child support.
Read the story
TBA Member Services
Let JobLink help you with your next career move
A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
Visit the site

 
 
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