Is Freedom of Information Act weaker today?

This week, March 11-17, is Sunshine Week 2007, designed to call attention to the laws that uphold the public's right to know what its elected officials and its government bodies are doing. The landmark federal Freedom of Information Act, first signed into law in 1966, may not be followed as closely these days, as more government agencies curtail the amount of information they release to the public, a report suggests. Read more in the Commercial Appeal:

http://www.commercialappeal.com/mca/us/article/0,2845,MCA_25346_5409683,00.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.

01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
00 - TN Court of Appeals
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03 - TN Attorney General Opinions
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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/2007/certlist_031207.pdf


ANTONIUS C. DOUGLAS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Antonius C. Douglas, Clifton, Tennessee, pro se, petitioner.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; D. Michael Dunavant, District Attorney General; Joe L. VanDyke, Assistant District Attorney General, for the respondent, State of Tennessee.

Judge: THOMAS

The petitioner, Antonius C. Douglas, filed a post-conviction appeal following a guilty plea and conviction in Hardeman County Circuit Court. The trial court dismissed the petition, stating that the petition did not state a colorable claim. We conclude that the petition did state a colorable claim and therefore reverse the dismissal.

http://www.tba2.org/tba_files/TCCA/2007/douglasa_031207.pdf


STATE OF TENNESSEE v. DAVID JIMENEZ

Court: TCCA

Attorneys:

Christopher R. Whittaker & David Crichton, Assistant Public Defenders, Jackson, Tennessee, for the Appellant, David Jimenez.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Jerry Woodall, District Attorney General; and Jim Thompson, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, David Jimenez, appeals the Madison County Circuit Court's revocation of his1 probation. In June 2000, Jimenez entered a best-interest guilty plea to Class D felony theft of property, Class D felony fraudulent use of a credit card, and to two counts of Class E felony failure to appear. As a result of these convictions, he received an effective eight-year suspended sentence. Jimenez was placed on supervised probation and allowed to return to Florida. In February 2005, a probation violation warrant was issued alleging that Jimenez had violated the terms of his probation by failing to report and by failing to pay restitution and costs. Following a revocation hearing, the trial court found Jimenez to be in violation of probation based upon a failure to report. The court subsequently revoked Jimenez's probation and ordered that the effective eight-year sentence be served in confinement. On appeal, Jimenez argues that the evidence presented was insufficient to establish that he willfully violated the terms of his probationary sentence. After review of the record, we affirm the revocation of probation.

http://www.tba2.org/tba_files/TCCA/2007/jimenezd_031207.pdf


Constitutionality of Senate Bill 125

TN Attorney General Opinions

Date: 2007-03-05

Opinion Number: 07-24

http://www.tba2.org/tba_files/AG/2007/ag_07-24.pdf

Validity of Pending Legislation Authorizing Solid Waste Disposal Control Board to Establish

TN Attorney General Opinions

Date: 2007-03-09

Opinion Number: 07-25

http://www.tba2.org/tba_files/AG/2007/ag_07-25.pdf

Forfeiture of rifle / hunting violations

TN Attorney General Opinions

Date: 2007-03-09

Opinion Number: 07-26

http://www.tba2.org/tba_files/AG/2007/ag_07-26.pdf

TODAY'S NEWS

Legal News
Politics
Legislative News
TBA Member Services

Legal News
Outside study may decide for Shelby Juvenile Court
A Shelby County Commission committee this morning endorsed a contract with a Virginia-based nonprofit to study the Juvenile Court of Memphis and Shelby County. If approved by the full commission, the $50,000 study would be conducted by the National Center for State Courts. The commission is scheduled to vote on the contract this afternoon
Follow it in the Commercial Appeal
Violent juveniles to be held in more secure facilities
A new scoring system to determine the probability that a juvenile in custody is at risk for further criminal behavior is being used by the Tennessee Department of Children's Services' new Juvenile Justice Division, resulting in locking some of the offenders up in more secure facilities. But Rutherford County Juvenile Court Judge Donna Scott Davenport said she hasn't seen any improvement in how juvenile offenders are dealt with since the division was set up. "I do think the department is overworked and understaffed, and they are trying to make an effort," she said.
The Daily News Journal carried this AP story
Cookeville judge sees younger offenders and more of them
Putnam County Juvenile Court Judge John Hudson says not only has the number of offenders increased in the 11 years since he began the job, but they are getting younger and younger. Hudson's take on what's causing the increase: "There is the breakdown of the traditional family -- and the influence of television and video games."
Read more in the Cookeville Herald-Citizen
Hispanic lawyers not keeping up with population
Although Hispanics make up 13.9 percent of the U.S. population, only 3.9 of the nation's lawyers are Hispanic. And, the News Sentinel reports, even as the percentage of Hispanincs increases, Hispanic enrollment in our nation's law schools is falling off.
Read the story
Legislative News
Wilder back at home,
in 'good spirits'
Former lieutenant governor John Wilder was released from the Regional Medical Center at Memphis Sunday after being treated for injuries related to a fall, the Commercial Appeal reports today. Wilder, 85, sustained head injuries during a fall at his home Thursday, where he had arrived after the Senate's weekly sessions in Nashville, but was able to drive himself to get help.
Read the story
Politics
Thompson mulls it over, talks about positions
As former Sen. Fred Thompson weighs whether or not to run for the Republican Party nomination, he talked to Fox News Sunday about his positions on abortion, gay rights, gun control and Iraq.
The Tennessean has more
Look to insurance companies for blame, columnist says
Tennessean columnist Larry Daughtrey discusses tort reform and medical malpractice -- and suggests that insurance companies themselves, not doctors or lawyers, are causing of the problems.
Read the opinion in the The Tennessean
Memphis voters set to select new senator
Residents of Tennessee State Senate District 30 will select a new senator in Tuesday's special election. Republican Larry Parrish is battling Beverly Robison Marrero for the seat vacated by Steve Cohen, who was elected to the U.S. House of Representatives last fall.
Read more in the Commercial Appeal
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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