Youth court volunteers spend day at capitol

About 40 youth and adult volunteers today took part in the second annual Youth Court Day on the Hill in Nashville. Those attending observed committee meetings, met with their legislators and toured the state capitol. Members of the Wilson County and Jackson/Madison County Teen Courts also worked on forming a youth advisory board for the Tennessee Youth Court Program. Youth courts, also known as teen courts or peer courts, allow teens to adjudicate their peers in a courtroom setting.
TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

CITY OF MEMPHIS v. THE CIVIL SERVICE COMMISSION OF THE CITY OF MEMPHIS, ET AL.

Court: TCA

Attorneys:

Leigh H. Thomas and Thomas E. Hansom, for the appellants, Mauricio Hearns, Henry Gray, Jr., Dorian Branch and Derick Jones

Sara L. Hall, City Attorney, and Gerald L. Thornton, Senior Assistant City Attorney, for the appellee, City of Memphis

Judge: FARMER

This administrative appeal arises out of the termination of Officers Mauricio Hearns's (Officer Hearns), Henry Gray, Jr.'s (Officer Gray), Dorian Branch's (Officer Branch), and Derick Jones's (Officer Jones) (collectively "the officers") employment with the City of Memphis Police Department (the Department) following their purchases of stolen Samsung televisions and digital video disc (DVD) players for their personal use. The Department terminated the officers' employment after finding a violation of DR-104 Personal Conduct. The Civil Service Commission of the City of Memphis (the Commission) ruled that the termination was unreasonable disciplinary action and reversed the City's decision. The City appealed to Shelby County Chancery Court, where the chancellor reversed the Commission's decision, finding it to be arbitrary and capricious. We hold that the Commission's decision was unsupported by substantial and material evidence and therefore arbitrary. We affirm.

http://www.tba2.org/tba_files/TCA/2007/hearnsm_040407.pdf


MOODY REALTY COMPANY, INC. v. RONALD L. HUESTIS, ET AL.

Court: TCA

Attorneys:

Jeffery T. Washburn, Dresden, Tennessee, for the appellants, Ronald L. Huestis and Lisa M. Huestis

William R. Neese, Dresden, Tennessee, for the appellee, Moody Realty Company, Inc.

Judge: FARMER

This is a breach of contract action for the recovery of a real estate brokerage commission. The trial court found that the parties did not enter into a binding buyer's representation agreement because there was no meeting of the minds. Instead, the court awarded the plaintiff real estate broker damages in quantum meruit. On appeal, we find that the parties mutually assented to the terms of the buyer's representation agreement and that the broker was entitled to its commission as stated in the contract. We vacate the award of damages in quantum meruit, affirm in part, reverse in part, and remand for entry of judgment in accordance with the contract.

http://www.tba2.org/tba_files/TCA/2007/moodyrealty_040407.pdf


STATE OF TENNESSEE v. MARVIN HUGGHIS

Court: TCCA

Attorneys:

Marvin Hugghis, pro se

Robert E. Cooper, Jr., Attorney General & Reporter; Michael Moore, Solicitor General; Elizabeth Bingham Marney, Assistant Attorney General; William L. Gibbons, District Attorney General; and Michele Parks, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: HAYES

The Petitioner, Marvin Hugghis, appeals the lower court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court's dismissal.

http://www.tba2.org/tba_files/TCCA/2007/hugghism_040407.pdf


TORRENCE JOHNSON v. STEPHEN DOTSON, WARDEN

Court: TCCA

Attorneys:

Torrence Johnson, pro se

Robert E. Cooper, Jr., Attorney General & Reporter; Rachel E. Willis, Assistant Attorney General, for the appellee, the State of Tennessee

Judge: MCLIN

The Petitioner, Torrence Johnson, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because Petitioner has failed to allege a ground for relief which would render the judgment void, we grant the State's motion and affirm the judgment of the lower court.

http://www.tba2.org/tba_files/TCCA/2007/johnsont_040407.pdf


STATE OF TENNESSEE v. DUANE LEE RUGGLES

Court: TCCA

Attorneys:

Curtis F. Hopper, Savannah, Tennessee, for the appellant, Duane Lee Ruggles

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Robert G. Radford, District Attorney General; and John W. Overton, Jr., Chief Deputy District Attorney General, for the appellee, State of Tennessee

Judge: WILLIAMS

Pursuant to a plea agreement, the defendant, Duane Lee Ruggles, pled guilty to aggravated assault and received an agreed-upon sentence of eight years as a Range II offender. The defendant appeals from the trial court's denial of an alternative sentence. Because the guilty plea transcript is not contained in this record, we presume the sentence imposed was correct. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/rugglesd_040407.pdf


Largest Chamber of Commerce under the Growth Law

TN Attorney General Opinions

Date: 2007-04-03

Opinion Number: 07-41

http://www.tba2.org/tba_files/AG/2007/ag_07-41.pdf

TODAY'S NEWS

Legal News
Politics
Passages
TBA Member Services

Legal News
Litigator expresses concerns about lethal injection review
On Feb. 1, Governor Bredesen issued an executive order calling on the Tennessee Department of Corrections to develop a new lethal injection protocol by May 2. In today's Tennessean, Michael Passino, a private practice attorney in Nashville and death penalty litigator, argues that the state review has two problems: a 90-day moratorium is not enough time to complete a thorough analysis and department proceedings have not been open to the public.
Read his opinion piece
Department of Corrections to hold public hearing on issue
In related news, the Tennessee Department of Corrections will hold a public hearing tomorrow, April 5, on the future use of lethal injection in the state. The hearing will take place from 3-6 p.m. in the Multimedia Room of the William R. Snodgrass Tennessee Tower in Nashville.

FBI video of Ford at issue
Attorneys for former state senator John Ford were before U.S. District Judge J. Daniel Breen today to ask that he block prosecutors from playing "duplicative video and audio" shot by undercover FBI agents. The tapes in question, which show Ford allegedly taking illicit cash, were shot from different angles. The defense argues that showing multiple versions of the same recording will prejudice the jury. The Commercial Appeal has more on the video issue.

Portions of the tapes were played in court today. Read about what they showed in this report from
the Commercial Appeal
Analysis under way on justice center feasibility
Anderson County Commissioner John Alley is chairing a new committee to lay the groundwork for a justice center needs assessment. Arguing that the county's judicial system "is almost at a crisis stage," Alley plans to start soliciting input from interested parties at the committee's next meeting in May. The News Sentinel reports on the state of county's judicial system in an article today.
Learn more
Justice Dept. files suit against tax prep offices
The U.S. Justice Department said yesterday it is trying to shut down more than 125 Jackson Hewitt tax preparation stores in four states (Georgia, Illinois, Michigan and North Carolina) for what it called "systematic tax-fraud schemes." Jackson Hewitt is the nation's second largest tax preparer, but offices are owned by individual franchisers. The locations in question appear to all be owned by the same individual.
The News Sentinel has the story
TBA VP Lewis at Bar Leader Institute
TBA Vice President George T. "Buck" Lewis recently joined other emerging bar leaders at the American Bar Association's Bar Leader Institute in Chicago. Lewis met with ABA President Karen J. Mathis of Denver and ABA President-elect William H. Neukom of Seattle, and took part in sessions on bar governance, finance, communications and planning. Also attending from Tennessee were Knoxville Bar Association President-elect Adrienne L. Anderson and Nashville Bar Association President-elect W. Scott Sims.
Read more
Politics
Alexander to run for re-election
U.S. Sen. Lamar Alexander was in his hometown of Maryville yesterday to say he would seek re-election in 2008. His announcement came in comments to a breakfast meeting with local officials. The timing surprised some; just a few months ago, Alexander considered retiring after losing a bid to become Senate Republican whip.
The News Sentinel looks at Alexander's first term in the Senate
Passages
Judge Bradberry dies at 94
Judge Homer Wesley Bradberry, 94, of Dresden, died yesterday at his home. Funeral services were held today at the Bowlin Funeral Home Chapel with Dresden lawyer Max Speight and pastor Jim Calhoun officiating. Bradberry was an attorney and former chancellor. He graduated from the Cumberland School of Law in 1939.

TBA Member Services
New Alimony Bench Book released
The 5th Edition of the Alimony Bench Book is now available from the TBA Family Law Section. This newest edition is available for purchase at the TBA's online bookstore or by calling 800-899-6993 or in Nashville at 383-7421
Order online now

 
 
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