Transactional law CLE on tap for Friday

TennBarU and the TBA Young Lawyers Division present a six-hour transactional law primer this Friday, Dec. 8, at the Bar Center in Nashville. Designed specifically for non-litigating attorneys, the seminar will cover such issues as buying and selling a corporation, conflicts of interest, document retention and franchising. The session is open to lawyers of all practice levels. For more information, a roster of speakers and an online registration form, visit:

https://www.tba.org/onsiteinfo/transactions_2006.html

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.

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00 - TN Supreme Court - Rules
01 - TN Court of Appeals
04 - 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

SHERRI DYER KENDALL v. LANE COOK, M.D.

Court: TCA

Attorneys:

Arthur F. Knight, III., Knoxville, Tennessee, for appellant.

F. Laurens Brock, David J. Ward and Dallas Scott, III., Chattanooga, Tennessee, for appellee.

Judge: FRANKS

This is an appeal contesting the award of discretionary costs by the Trial Court. We affirm.

http://www.tba2.org/tba_files/TCA/2006/kendalls_120606.pdf


STATE OF TENNESSEE v. ANDRE DOTSON
Corrected Dissenting Opinion


Court: TCCA

Attorneys:

William C. Gosnell, Memphis, Tennessee (on appeal); and Melvin J. Werner, Memphis, Tennessee (at trial), for the Appellant, Andre Dotson.

Michael E. Moore, Acting Attorney General & Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Nicole Germain, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The defendant, Andre Dotson, appeals from his 2005 Shelby County Criminal Court jury convictions on two counts of aggravated robbery and two counts of robbery. On appeal, the defendant claims that the trial court erred (1) in joining four indictments for trial, (2) in severing, on the morning of trial, the charges against a co-defendant, (3) in excluding the co-defendant's pretrial statement as evidence offered by the defendant, (4) in failing to hold that the evidence was insufficient to support three of the convictions, (5) in denying the defendant's motion to allow him to sit with his attorney at the counsel table, (6) in failing to instruct the jury as to the shortcomings of eyewitness testimony, and (7) in sentencing the defendant as a multiple offender on two convictions and as a persistent offender on two convictions. We reverse one conviction of robbery but affirm the court's judgments, as modified.

http://www.tba2.org/tba_files/TCCA/2006/dotsona_113006.pdf

WILLIAMS DISSENTING (CORRECTED)
http://www.tba2.org/tba_files/TCCA/2006/dotsona_diss_corr_120606.pdf


DONALD WADE GOFF V. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General, William Paul Phillips, District Attorney General; Michael O. Ripley, Assistant District Attorney General, for Appellee, State of Tennessee.

David M. Pollard, Jr., Jacksboro, Tennessee, Attorney for the Petitioner, Donald Wade Goff.

Judge: DANIEL

Petitioner, Donald Wade Goff, was convicted following a November 2001 jury trial on two counts of rape of a child, eleven counts of incest, nine counts of rape, seven counts of contributing to the delinquency of a minor, and one count of attempted rape. The trial court imposed an eighty-year sentence. On direct appeal, the sentence was modified to fifty-six years based upon this Court's dismissal of the nine rape counts due to lack of evidence of force or coercion. Petitioner subsequently filed a post-conviction petition on August 9, 2004. After the appointment of counsel and the filing of an amended petition, the post-conviction court conducted an evidentiary hearing. Following the hearing, the post-conviction court dismissed the petition. Petitioner filed this appeal claiming the post-conviction court erred in denying his post-conviction petition. Upon our review, we affirm the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/goffd_120606.pdf


STATE OF TENNESSEE v. MILTON MORENO

Court: TCCA

Attorneys:

Paul Whetstone, Morristown, Tennessee, for the appellant, Milton Moreno.

Paul G. Summers, Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Douglas Godbee, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Milton Moreno, pled guilty to possession of over .5 grams of cocaine with intent to deliver, a Class B felony, and was sentenced as a Range I, standard offender to eight years in the Department of Correction. As a condition of his guilty plea, he reserved a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure: whether the stop of the defendant's vehicle and the seizure of his person, resulting from a police officer's monitoring a telephone conversation, was lawful. Following our review, we conclude that the certified question is not dispositive of the defendant's case and dismiss the appeal.

http://www.tba2.org/tba_files/TCCA/2006/morenom_120606.pdf


STATE OF TENNESSEE v. TYREE ROBINSON
Corrected Opinion


Court: TCCA

Attorneys:

Charles W. Gilchrist, Jr., and Lance Chism, Memphis, Tennessee, for the appellant, Tyree Robinson.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Amy Weirich and Theresa McCusker, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Tyree Robinson, was convicted by a jury in the Shelby County Criminal Court of premeditated murder, felony murder, and especially aggravated robbery. The appellant received a total effective sentence of life without the possibility of parole plus twenty years. On appeal, the appellant argues that the evidence is insufficient to support his convictions; the trial court erred in failing to instruct the jury that Brown, Morris, and Courtney Perry were accomplices as a matter of law; the trial court abused its discretion in allowing hearsay statements; and the trial court erred in responding to a jury question. Upon review of the record and the parties' briefs, we reverse the judgments of the trial court and remand for a new trial.

http://www.tba2.org/tba_files/TCCA/2006/robinsont_corr_120606.pdf


TODAY'S NEWS

Supreme Court Watch
Legal News
Online CLE
BPR Actions
Upcoming
TBA Member Services

Supreme Court Watch
New parties added to Bredesen suit
Chancellor Ellen Hobbs Lyle today added Covington attorney Houston Gordon to a lawsuit concerning an opening on the Tennessee Supreme Court filed by Gov. Phil Bredesen. Last month, Gordon sought a motion to intervene, arguing that as a nominee in the disputed process he was relevant to the case. Lyle today agreed, the Nashville Post reports, and also indicated that Memphis attorney George T. "Buck" Lewis was relevant to the case as well and would be added. Read the opinion
Read the Nashville Post account (subscription required)
Legal News
Hooks sentenced to 26 months
Former Shelby County commissioner Michael Hooks Sr. was sentenced this afternoon to two years and two months in federal prison for accepting $24,200 in bribes from undercover agents seeking business with the county. He was facing up to 10 years in prison and fines of $250,000.
The Commercial Appeal reports on the story
DCS requests $4.6 million for juvenile justice
Department of Children's Services officials asked Gov. Phil Bredesen on Tuesday for an additional $4.6 million in funding to be used for personnel handling delinquent children in state custody. The funds would be used mostly for salaries of new security personnel, case managers, teachers, treatment professionals and regional juvenile justice program coordinators to bolster a program that has come under fire for mismanagement.
Read more in the Johnson City Press
UT law students to work in New Orleans
The UT Legal Clinic is joining with other law school clinics around the county to help rebuild the New Orleans public defender program and criminal justice system as part of the Katrina Indigent Defense Project. The first group of students, under the direction of professor Mae Quinn, will travel to New Orleans in January and will interview new arrestees, gather information from pretrial detainees and provide other assistance to the over 3,000 individuals awaiting trial.

March eligible for legal aid
Despite applications for offshore bank accounts and recorded conversations in which Perry March discussed account transfers and assets of nearly $400,000, a judge ruled yesterday that the former Nashville lawyer is indigent and should receive court-appointed counsel for future appeals.
The Tennessean has the story
Funding for faith-based groups gets day in court
The U.S. Supreme Court has agreed to step into a dispute over the Bush administration's promotion of federal financing for faith-based charities, the Associated Press reports. The case, brought by the Freedom from Religion Foundation, claims the policy violates a constitutional ban on state-supported religions by singling out particular faith-based organizations for funding.
Read more at TriCities.com
New justice data released
Statistics released last week by the U.S. Justice Department show that a record 7 million people (or one in 32 Americans) were behind bars, on probation or on parole at the end of 2005. Of those, 2.2 million were in prison or jail (an increase of 2.7 percent over the previous year); 4.1 million were on probation; and 784,000 were on parole, reports the Memphis Commercial Appeal.
View the report
Davidson civil courts moving back to courthouse
Davidson County's civil trial courts will move back into the historic courthouse, during the week of Feb. 12 and will begin conducting official business there on Feb. 19, the Tennessean reports. The courts had been operating in temporary facilities during renovations.

Online CLE
CLE course looks at ethics of lawyer advertising
ABA and state ethics rules have not kept up with the daily challenges that the Internet presents to lawyer advertising. This TennBarU online CLE course will shed light on familiar and not-so-familiar activities regarding Internet advertising.
Learn more or sign up no
BPR Actions
Nashville attorney suspended
On Nov. 30 Richard "Rick" Hughes Batson II was suspended from the practice of law for one year after admitting that he neglected client matters and failed to adequately communicate with clients. In the suspension order, the Tennessee Supreme Court also directed that Batson be evaluated by the Tennessee Lawyers Assistance Program (TLAP) and that he comply with any recommendations from the program.
Read the BPR release
Upcoming
Legal humor book signing next week
Longtime Memphis attorney Manuel Scarmoutsos will sign copies of his book, Unfrocked and Unashamed, Dec. 12 at 7 p.m. at Mo's Music and Art Cafe in Memphis. The book pokes fun at local and out-of-state judges and lawyers.

TBA Member Services
The disciplinary process explained; now all in one place
Learn about the attorney disciplinary process in Tennessee through a 14-month series of Tennessee Bar Journal articles now available in one convenient online location. Writer Stacey Shrader outlines the details of disbarments, suspensions, censures, disability inactive status, admonitions, reprimands, reciprocal discipline and more in this primer on attorney discipline.
Access the articles here

 
 
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