Ford convicted of bribery, jury deadlocked on extortion

The jury in the trial of former state Sen. John Ford today found the Memphis Democrat guilty of one count of bribery. The jury deadlocked on the extortion charge and acquitted Ford of all three intimidation charges. The verdict came after a 13-day trial and two and a half days of deliberations. Ford will be sentenced July 31 at 9 a.m.

Late yesterday, jurors asked the judge the meaning of specific language in the extortion charge. When defense lawyer Michael Scholl objected to additional instructions to the jury, U.S. District Court Judge J. Daniel Breen offered a limited clarification.

Follow breaking news about the trial in the Commercial Appeal
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.

02 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
09 - TN Court of Appeals
06 - TN Court of Criminal Appeals
03 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
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

CUMULUS BROADCASTING, INC. ET AL. v. JAY W. SHIM ET AL.

Court: TSC

Attorneys:

Douglas Ray Pierce and Jeremy Wayne Parham, Nashville, Tennessee, for the appellants, Phoenix of Hendersonville, Inc. and Cumulus Broadcasting, Inc.

James Carson Hofstetter, Nashville, Tennessee, for the appellee, Jay W. Shim

Judge: WADE

The chancery court granted a motion for summary judgment to the Plaintiff on the theory of adverse possession under the common law. The Court of Appeals reversed and dismissed based upon Tennessee Code Annotated section 28-2-110 (2000), holding that there was a failure on the part of the Plaintiff to pay real estate taxes on the land area at issue. We granted permission to appeal in order to determine whether the chancellor erred by failing to address a motion to amend before ruling on the motion for summary judgment and also to consider whether the statutory bar applies in these circumstances. Although the chancellor erred by failing to grant the motion to amend before entering judgment, the error was harmless because the statutory bar to an adverse possession claim does not apply to contiguous tracts where the area of dispute is not substantial and each of the owners have paid taxes on their respective properties.

http://www.tba2.org/tba_files/TSC/2007/cumulus_042707.pdf


JOSEPH FAULKNER, A/K/A JERRY FAULKNER v. STATE OF TENNESSEE

Court: TSC

Attorneys:

Ronald D. Krelstein, Germantown, Tennessee, for the appellant, Joseph Faulkner, a/k/a Jerry Faulkner

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General, and Rachel E. Willis, Assistant Attorney General, for the appellee, State of Tennessee

Judge: WADE

In this case, we granted permission to appeal to determine whether a prisoner serving concurrent state and federal sentences in a federal correctional institution may attack his state convictions pursuant to a petition for writ of habeas corpus filed in this state. We hold that the petitioner, who is incarcerated in a federal correctional institution serving concurrent state and federal sentences, is not barred from challenging his state convictions by a state writ of habeas corpus. Because the petitioner has failed to attach the requisite documentation in support of his claim that his sentences are illegal, however, we affirm the summary dismissal of the petition but do so on different grounds than either the trial court or the Court of Criminal Appeals.

http://www.tba2.org/tba_files/TSC/2007/faulknerj_042707.pdf


ELLIS J. BURNETT v. DARYL M. SOUTH

Court: TCA

Attorneys:

Ellis J. Burnett, Clifton, Tennessee, Pro Se

Daryl M. South, Murfreesboro, Tennessee, Pro Se

Judge: CLEMENT

Plaintiff appeals the Rule 12 dismissal of his action for legal malpractice against the attorney representing him in a case pending in the Court of Criminal Appeals. In the Complaint, the plaintiff alleges that his attorney committed malpractice by failing to raise on appeal specific issues the plaintiff had requested. The defendant attorney filed a Tenn. R. Civ. P. 12.02(6) Motion to Dismiss based on the fact the plaintiff had not requested or obtained post-conviction relief. The trial court granted the motion finding post-conviction relief is an essential element and a pre-requisite to the plaintiff's claim for legal malpractice. We have determined the trial court erred by dismissing the case before the time was ripe for the plaintiff to seek postconviction relief, and that the trial court should await the outcome of appropriate post-conviction proceedings before deciding whether the case should go forward.

http://www.tba2.org/tba_files/TCA/2007/burnette_042707.pdf


JAMES CARSON v. WASTE CONNECTIONS OF TENNESSEE, INC.

Court: TCA

Attorneys:

Pam Warnock Green, Memphis, Tennessee, for Defendant/Appellant Waste Connections of Tennessee, Inc.

Christine W. Stephens and Brett A. Schubert, Memphis, Tennessee for Plaintiff/Appellee James Carson

Judge: KIRBY

This is an appeal of a damage award. The plaintiff owned a house with a detached carport. A tenant in the house had agreed to "clean up" the house and lot; to do so, he rented on-site dumpsters from the defendant waste removal company. During the delivery of a dumpster, the defendant's driver backed the delivery truck into one of the four columns supporting the carport structure. The carport partially collapsed. The plaintiff homeowner filed a lawsuit against the defendant waste removal company, alleging negligence and seeking damages. Prior to trial, liability was conceded; therefore, the primary issue at trial was the amount of damages. There was disputed testimony on the condition of the roof structure of the carport before the defendant's driver hit it. After the trial, the trial court found that the carport did not have a "roof" at the time of the accident and determined that the cost of a new roof was $2,000. Deducting the cost of the "roof," the trial court awarded damages in the amount of $20,000. The defendant waste removal company now appeals, arguing that the trial court erred in awarding damages or, in the alternative, in its calculation of damages. Finding that complete justice cannot be had by reason of a defect in the record, we remand the case for further proceedings in accordance with Tennessee Code Annotated section 27-3-128.

http://www.tba2.org/tba_files/TCA/2007/carsonj_042707.pdf


STATE EX REL. GAYE P. v. COREY E.M.

Court: TCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter, and Juan G. Villaseņor, Assistant Attorney General, for the appellant, State of Tennessee on relation of Gaye P

Russell E. Edwards, Hendersonville, Tennessee, for the appellee, Corey E.M.

Judge: KOCH

This appeal involves the statutory right of a biological father to obtain genetic testing to confirm his parentage of a non-marital child. After the State of Tennessee filed suit in the Sumner County Juvenile Court to require him to pay child support, the father requested the court to order genetic testing to establish his parentage even though he had already voluntarily acknowledged that he was the child's father. The juvenile court ordered the testing despite the absence of evidence that the father's voluntary acknowledgment was procured by fraud, but granted the State permission to seek a Tenn. R. App. P. 9 interlocutory appeal. We have determined that the interlocutory appeal should be granted, and that the juvenile court's order must be reversed because of the lack the evidence required by Tenn. Code Ann. section 24-7-113 (2000) that there is a substantial likelihood that the father's voluntary acknowledgment of parentage was obtained by fraud.

http://www.tba2.org/tba_files/TCA/2007/gayep_042707.pdf


HARPETH VALLEY UTILITIES DISTRICT OF DAVIDSON AND WILLIAMSON COUNTIES, TENNESSEE v. JAMES A. AND PATRICIA W. CHARRON
Corrected Opinion


Court: TCA

Attorneys:

Ralph W. Mello, Nashville, Tennessee, for the appellants James A. and Patricia W. Charron

L. Marshall Albritton, Nashville, Tennessee, for the appellee, Harpeth Valley Utilities District of Davidson and Williamson Counties, Tennessee

Judge: COTTRELL

A utilities district filed a condemnation suit to acquire water line easements across privately-owned land. The district deposited $12,697 into the court, representing its estimate of the value of the easements, and that amount was disbursed to the landowners. However, the landowners were not satisfied with the offer and asked for a jury trial to determine the value of the easements. The jury awarded them slightly less than the deposited amount. The court entered judgment on the jury verdict, declared the district to be the prevailing party, and exercised its discretionary power under Tenn. R. Civ. P. 54.04(2) to order the landowners to pay one-half of the district's discretionary costs. On appeal, the landowners do not dispute the correctness of the jury's verdict, but argue that the trial court erred in assessing discretionary costs against them. We affirm the trial court.

http://www.tba2.org/tba_files/TCA/2007/harpethvalley_corr_042707.pdf


DOUGLAS McPHERSON v. SHEA EAR CLINIC, ET AL.

Court: TCA

Attorneys:

Douglas McPherson, Columbia, TN, pro se

Jeffrey A. Land, Kristin N. Marks, Nashville, TN, for Appellees

Judge: HIGHERS

This case involves an ear clinic, a patient, and his physician. The patient did not have health insurance, but he was enrolled in a type of discount plan that contracts with healthcare providers to secure reduced rates on medical services for the plan's members. The patient scheduled a treatment with the ear clinic, and he believed that the clinic and his physician participated in the discount plan. The patient underwent pre-surgery testing before learning that neither the clinic nor the physician accepted the discount plan. The patient refused to pay full price for the treatment, and it was never performed. However, the patient was billed for the pre-surgery testing. The patient filed suit against the clinic and his physician for breach of contract, but the trial court dismissed his complaint for failure to state a claim. The patient appealed to this Court, and we reversed. We also instructed the trial court to address the patient's concerns that the court had not accommodated his hearing disability as required by the Americans with Disabilities Act. On remand, the Tennessee Supreme Court assigned a senior judge to preside over the case, and it appears that no oral proceedings took place thereafter. However, the patient attempted to join Shelby County, various county officials, and officers of the court as defendants, claiming that he had been damaged by the county and court's failure to accommodate his disability. The patient also amended his complaint to add claims for medical malpractice and fraud against the clinic and his physician. The trial court denied the patient's petition for joinder of the claims against the additional defendants. The court granted summary judgment to the clinic and physician on the breach of contract and medical malpractice claims, and the claim for fraud was dismissed for failure to state a cause of action. For the following reasons, we affirm.

http://www.tba2.org/tba_files/TCA/2007/mcphersond_042707.pdf


RICK PHILLIPS, ET AL. v. TENNESSEE DEPARTMENT OF TRANSPORTATION

Court: TCA

Attorneys:

Irma Merrill Stratton, Memphis, Tennessee, for the appellants, Rick Phillips, Lamar Advertising and William H. Thomas, Jr.

Michael E. Moore, Acting Attorney General; Larry M. Teague, Deputy Attorney General, for the appellee, Tennessee Department of Transportation

Judge: CAIN

The landowner sought a zoning change, from residential to commercial, of two tracts of land located adjacent to the interstate, which the local planning commission granted. The landowner then filed billboard applications with the Tennessee Department of Transportation. The inspector for the agency determined that the land had been illegally spot zoned for the purpose of outdoor advertising, and therefore denied the two billboard applications. The landowner requested an administrative hearing, after which the Administrative Law Judge instructed that the agency grant the applications. The agency appealed the ruling to its Commissioner. The case was remanded back to the Administrative Law Judge, who then found that the property was spot zoned for the purpose of outdoor advertising and upheld the denial of the landowner's applications. The landowner appealed, and the Commissioner of the Tennessee Department of Transportation affirmed the decision. The landowner then appealed to the Chancery Court of Davidson County. The trial court affirmed the agency's decision to deny the billboard applications. The landowner appealed. We affirm.

http://www.tba2.org/tba_files/TCA/2007/phillipsr_042707.pdf


IN RE P.J.G.

Court: TCA

Attorneys:

Edward L. Kershaw, Greeneville, Tennessee, for the appellant, T.G.

Robert E. Cooper, Jr., Attorney General and Reporter, and Elizabeth C. Driver, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee Department of Children's Services

Judge: SUSANO

The trial court terminated the parental rights of T.G. (Father) to his daughter, P.J.G., who was 9 years old at the time of trial. The court found, by clear and convincing evidence, that grounds for terminating Father's parental rights existed and that termination is in the best interest of the child. Father appeals, challenging these determinations as well as various evidentiary rulings made by the trial court. We affirm.

http://www.tba2.org/tba_files/TCA/2007/pjg_042707.pdf


RICARDO RAMSEY v. STATE OF TENNESSEE

Court: TCA

Attorneys:

Radford H. Dimmick, Nashville, Tennessee, for the appellant, Ricardo Ramsey

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, Lizabeth A. Hale, Assistant Attorney General, for the appellees, State of Tennessee and Murfreesboro Police Department

Judge: COTTRELL

This is an appeal of the trial court's order upholding the Department of Safety's vehicle forfeiture under Tenn. Code Ann. section 53-11-451 for transporting drugs, where the owner failed to timely file a claim or request a hearing. Failure of the owner to file a claim within the 30 day period is grounds to uphold the forfeiture. We affirm the trial court.

http://www.tba2.org/tba_files/TCA/2007/ramseyr_042707.pdf


IN RE: SENTINEL TRUST COMPANY

Court: TCA

Attorneys:

Carrol D. Kilgore, Nashville, Tennessee, for the appellants, Sentinel Trust Company, Danny N. Bates, Clifton T. Bates, and Gary L. O'Brien

Robert E. Cooper, Jr., Attorney General and Reporter; and Janet M. Kleinfelter, Senior Counsel; and J. Graham Matherne, Nashville, Tennessee, for the Acting Commissioner-in-Possession Greg Gonzales and Receivership Management, Inc., Receiver for Sentinel Trust Company

Judge: CLEMENT

Former officers and directors of Sentinel Trust Company, the assets of which were seized in liquidation proceedings pursuant to Chapters 1 and 2 of Title 45 of the Tennessee Code, present this appeal to challenge the sale by the Commissioner of Financial Institutions of Sentinel's corporate headquarters in Hohenwald, Tennessee. The appellants contend the Commissioner was constrained by Tenn. Code Ann. section 45-2-1502(c)(2) to sell Sentinel's assets to "another state or national bank or to the Federal Deposit Insurance Corporation." We have determined the appellants' reliance on the above statute is misplaced because another section, Tenn. Code Ann. section 45-2-1504, empowers the Commissioner to sell assets of a trust company in liquidation "with the approval of the court." Finding the Commissioner followed the proper procedures to place the trust company in liquidation, following which the Commissioner properly marketed and advertised the asset at issue for sale, after which the Commissioner accepted an offer and obtained court approval to sell, we affirm.

http://www.tba2.org/tba_files/TCA/2007/sentineltrust_042707.pdf


STATE OF TENNESSEE v. RAYMOND LEE GIBSON

Court: TCCA

Attorneys:

Robin Ruben Flores, Chattanooga, Tennessee, for the Appellant, Raymond Lee Gibson

Robert E. Cooper, Jr., Attorney General & Reporter; Benjamin A. Ball, Assistant Attorney General; William H. Cox, District Attorney General; and James A. Woods, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee

Judge: WITT

The defendant, Raymond Lee Gibson, was convicted by a Hamilton County jury of one count of manufacturing methamphetamine. On appeal, he raises several evidentiary issues for our review and argues that the evidence is insufficient to support his conviction. After review of the record, we are not persuaded that the evidentiary issues merit relief, and we hold that the evidence at trial was sufficient to support the manufacturing conviction. The judgment of conviction is, therefore, affirmed.

http://www.tba2.org/tba_files/TCCA/2007/gibsonr_042707.pdf


STATE OF TENNESSEE v. VERESIA R. GREEN

Court: TCCA

Attorneys:

Mack Garner (at hearing) and J. Liddell Kirk (on appeal), Knoxville, Tennessee, for the appellant, Veresia R. Green

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Michael L. Flynn, District Attorney General; Victoria Bannacvi, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: WEDEMEYER

The Defendant, Veresia R. Green, pled guilty to one count of child neglect, a Class A misdemeanor, and was sentenced to a probated sentence. The Defendant's probation was twice revoked, and she was ordered to serve 120 days in jail, to complete a treatment program, and to serve an extended period of probation. The Defendant appeals this judgment, contending that the trial court erred when it revoked her probation and ordered her to serve an additional 120 days in confinement. Concluding there exists no error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/greenv_042707.pdf


JIMMY DALE HOGAN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Patrick G. Frogge, Nashville, Tennessee, for the appellant, Jimmy Dale Hogan

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; and T. Michel Bottoms, District Attorney General, for the appellee, State of Tennessee

Judge: WILLIAMS

The petitioner, Jimmy Dale Hogan, appeals from the trial court's denial of post-conviction relief. He was convicted of felony murder and especially aggravated robbery (Class A felony). He was sentenced to life for the felony murder conviction and to twenty years for the especially aggravated robbery conviction, to be served consecutively. In his post-conviction appeal, the petitioner contends that: counsel was ineffective both at trial and on appeal; our supreme court violated the Tennessee Constitution in denying him investigative funds; and the trial court erred in failing to instruct the jury on lesser included offenses. After careful review, we conclude that the petitioner was not denied effective assistance of counsel and that the petitioner's other issues are without merit. We affirm the post-conviction court's denial of relief.

http://www.tba2.org/tba_files/TCCA/2007/hoganj_042707.pdf


STATE OF TENNESSEE v. SHANNON RICHARD HUDSON, ALIAS RICHARD SHANNON HUDSON

Court: TCCA

Attorneys:

Brian S. Finlay, Chattanooga, Tennessee (on appeal); Ardena J. Garth, District Public Defender; Steve E. Smith and Rob Philyaw, Chattanooga, Tennessee (at trial), for the appellant, Shannon Richard Hudson, Alias Richard Shannon Hudson

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William H. Cox, III, District Attorney General; and Mary S. Moore and Rachel Winfrey, Assistant District Attorneys General, for the appellee, State of Tennessee

Judge: WILLIAMS

The defendant, Shannon Richard Hudson, was found guilty by a Hamilton County jury of three counts of aggravated sexual battery and one count of attempted aggravated sexual battery. The three counts of aggravated sexual battery were merged, and the defendant received an effective twenty-seven-year sentence in the Department of Correction. He was sentenced to seven years for the aggravated sexual battery conviction, to be served consecutively to the other sentence for a total effective sentence of twenty-seven years. On appeal, he contends that: the evidence was insufficient to support the convictions; the trial court erred in allowing the jury to have access to the indictment during their deliberation; and the trial court should have merged all of his convictions. After careful review, we find no error and affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/hudsons_042707.pdf


BARRY SOTHERLAND v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Barry Sotherland, Pro Se

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Mike Bottoms, District Attorney General; and Mark A. Fulks, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: WELLES

The Petitioner, Barry Sotherland, appeals the summary dismissal of his petition for a writ of habeas corpus. The Petitioner claims that his concurrent life sentences for aggravated rape and aggravated kidnapping are illegal because he was convicted of these charges while on parole for another felony and the sentencing court failed to explicitly order that this new sentence be served consecutively to the sentence for the paroled offense. Following a thorough review of the record and applicable law, we affirm the judgment of the Wayne County Circuit Court summarily dismissing the petition.

http://www.tba2.org/tba_files/TCCA/2007/sotherlandb_042707.pdf


JOSEPH W. WILSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Joseph W. Wilson, pro se, Appellant

Robert E. Cooper, Jr., Attorney General & Reporter; David H. Findley, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Alfred Earls, Assistant District Attorney General, for the Appellee, State of Tennessee

Judge: WITT

A Madison County jury convicted the petitioner, Joseph W. Wilson, of three counts of aggravated rape and one count each of attempted second degree murder, especially aggravated robbery, especially aggravated burglary, conspiracy to commit aggravated burglary, and misdemeanor vandalism committed in 1999. He was sentenced to 71-years' confinement. In 2005, he filed a post-conviction petition requesting DNA testing pursuant to the Post Conviction DNA Analysis Act of 2001. The court denied the petitioner's post-conviction petition, and on appeal he contends that the post-conviction court erred by denying his petition. After thoroughly reviewing the record and the applicable law, we conclude that there is no reversible error in the lower court's judgment.

http://www.tba2.org/tba_files/TCCA/2007/wilsonj_042707.pdf


Proposed Exception to County Powers Relief Act

TN Attorney General Opinions

Date: 2007-04-25

Opinion Number: 07-57

http://www.tba2.org/tba_files/AG/2007/ag_07-57.pdf

Constitutionality of Proposed Legislation Limiting Political Activities of State Public Officials

TN Attorney General Opinions

Date: 2007-04-25

Opinion Number: 07-58

http://www.tba2.org/tba_files/AG/2007/ag_07-58.pdf

2005 Amendments to the Drug-Free School Zone Act

TN Attorney General Opinions

Date: 2007-04-26

Opinion Number: 07-59

http://www.tba2.org/tba_files/AG/2007/ag_07-59.pdf

TODAY'S NEWS

Legal News
TBA Member Services

Legal News
Justice Department sends list of withheld documents
A list of 159 emails and memos regarding the firings of eight federal prosecutors was released by the Justice Department Thursday. The documents themselves -- many that involve internal discussions over conversations with lawmakers -- are being withheld. Those not released were all authored by Kyle Sampson, Gonzales' former chief of staff, who resigned March 12 over the handling of the firings.
Tri-Cities.com carried this AP story
Opinion: Lodge and Person may work it out for Juvenile
The welfare of Shelby County's kids is finally beginning to become a priority, the Commercial Appeal writes, as Juvenile Judge Curtis Person and Human Services Commissioner Gina Lodge show signs of compromise regarding the county's child support collection system.
Read the editorial
Drugs and alcohol much of the problem says D.A.
18th Judicial District Attorney General Ray Whitley writes in an editorial how alcohol and drugs are at the root of 85 to 90 percent of the criminal cases he sees. He calls on parents "to instill in [children] the idea that drug use and alcohol abuse will not be tolerated at any level."
Read his piece in the Dickson Herald
Judge Moon says Latinos should learn English
Hamilton County General Sessions Judge Bob Moon told members of the Brainerd Kiwanis Club today that "Latinos and other non-English speaking people who reside in the United States would have a much better quality of life if they would learn to speak the English language." He cited three specific incidents in which the inability to communicate significantly impacted the lives of non-English speakers. He also stated that his comments should not be interpreted as opposition to immigrants maintaining a sense of their heritage, culture and language.
Read his remarks on Chattanoogan.com
Media selected to view Workman execution
In accordance with Tennessee law, representatives from several news agencies have been selected to witness the execution of Phillip Workman currently scheduled for May 9. They are: Janice Broach with WMC-TV, Sheila Burke with the Tennessean, Rose French with the AP, Dee Griffin with WPTY-TV, Sarah Kelley with the Nashville Scene, Gene Patterson with WATE-TV and Chris Tatum with WSMV-TV. Chris Cannon with WTVF-TV was named the alternate, reports Chattanoogan.com.

Court clerks ask for pay raise
Four court clerks in Hamilton County are eligible for 10 percent pay increases if approved by the County Commission, and all four have requested the increase in their budgets. Commissioners appear split on the issue: some say a mid-term raise is not appropriate while others argue the clerks should be able to take advantage of the state-approved increase.
Read more on Chattanoogan.com
New court complex on the books for Collierville
Collierville is going to get a new courthouse, but because of its expense and the lack of funding, it will come in stages. The Board of Mayor and Aldermen has approved budgeting $2.7 million in capital improvement funds for expanding the entire justice complex including court, police headquarters and jail. The court facility will take top priority because the current courtroom often cannot accommodate all who come to court, and the clerks work in cramped spaces.
The Commercial Appeal has details
Fix or replace the jail
The Concurrent Grand Jury in Hamilton County ended its term by saying the county jail must be repaired or replaced, listing 11 specific areas that need help. Foreman Robert Smith said "expending funds for jails is not as attractive to the county taxpayers as building educational or recreational facilities, but correcting these problems now could be less expensive than having to correct them as the result of a lawsuit."
Read more at Chattanoogan.com
Border judges carry heavy load
Immigration-related felony cases are swamping federal courts along the Southwest border, forcing judges to handle hundreds more cases than their peers elsewhere, the AP reports. For example, each judge in New Mexico handled an average of 397 felony cases last year, compared with the national average of 84. "The need is really dire. You cannot keep increasing the number of Border Patrol agents but not increasing the number of judges," said Chief Judge John M. Roll of the District of Arizona.
The Murfreesboro Daily News Journal has the story
Profile: Mark Carlson
Memphis lawyer Mark A.B. Carlson says one of his biggest challenges is "balancing absolute certainty with being efficient in the process," in this profile by the
Memphis Daily News
TBA Member Services
Student loans at low rates through SunTrust
The TBA and SunTrust Bank now have a Partnership Program to help alleviate the burden of student loans. Members and their families can consolidate their federal student loans at a special low fixed rate - right now as low as 5.375%. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5% for on-time payments and automatic debit payments.
Learn more

 
 
UNSUBSCRIBE TO TBAToday? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba2.org/tbatoday/unsub_tbatoday.php

TBALink HomeContact UsPageFinderWhat's NewHelp
 
 
© Copyright 2006 Tennessee Bar Association