Senior Judge James Jarvis dead today at age 70

Senior U.S. District Judge James H. Jarvis II, a Knoxville native, succumbed to a rare form of lung cancer this morning at his home. He had struggled with the disease since being diagnosed in 2002, the same year he retired and took senior status. Jarvis identified conversion of the Whittle Communications building in Knoxville into the new federal courthouse as his most important achievement. He felt so strongly about the new building that he made plans to have his ashes sprinkled in the courtyard. Services will be held at St. John's Cathedral with a procession of the full choir to the courthouse courtyard for that purpose. Read more about Jarvis' life and career in the News Sentinel:

http://www.knoxnews.com/kns/local_news/article/0,1406,KNS_347_5573124,00.html

TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

CHRISTY L. TAYLOR v. RANDALL ROBINSON, JR.

Court: TCA

Attorneys:

Donald M. Bulloch, Jr., Murfreesboro, Tennessee, for the appellant, Christy L. Taylor

Terry A. Fann, Murfreesboro, Tennessee, for the appellee, Randall Robinson, Jr.

Judge: COTTRELL

The mother of a twelve year old boy filed a petition to establish the paternity of the child. A DNA test confirmed that the man named in the petition was indeed the biological father, and he agreed to pay temporary child support during the pendency of the case. The mother asked the court to order the father to pay retroactive child support back to the date of the child's birth, in accordance with the child support guidelines. After a hearing, the trial court decided that a deviation from the guidelines was warranted because of the mother's failure to inform the father of his possible paternity prior to filing the legitimation petition. The court accordingly ordered that retroactive support be paid only from the date of the filing of the petition. We affirm the trial court, but remand this case so the court can state in its order the "the total amount of retroactive support that would have been paid retroactively to the birth of the child, had a deviation not been made by the court," as is required by Tenn. Code Ann. section 36-2-311(a)(11)(F).

http://www.tba2.org/tba_files/TCA/2007/taylorc_060607.pdf


STATE OF TENNESSEE v. LARRY D. DANIEL

Court: TCCA

Attorneys:

Nathan Moore, Nashville, Tennessee, for the appellant, Larry D. Daniel

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Kyle Anderson, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: OGLE

The appellant, Larry D. Daniel, pled guilty in the Davidson County Criminal Court to possession of a Schedule VI controlled substance with intent to sell and being a felon in possession of a weapon and received an effective two-year alternative sentence. Subsequently, the trial court revoked his probation and ordered that he serve his effective sentence in confinement. On appeal, the appellant claims that the trial court erred by revoking his probation. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/daniell_060607.pdf


STATE OF TENNESSEE v. GRADY LEE FLIPPO

Court: TCCA

Attorneys:

Ted W. Daniel, Murfreesboro, Tennessee, for the appellant, Grady Lee Flippo

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Charles Crawford, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: WELLES

The Defendant, Grady Lee Flippo, was convicted by a Bedford County jury of two counts of attempted aggravated assault, Class D felonies. For these convictions, the Defendant received sentences of three years and three years and six months to be served consecutively in the Department of Correction. In this appeal as of right, the Defendant presents the following issues for our review: (1) whether the evidence justified a jury instruction on the lesser-included offense of attempt; (2) whether the trial court erred by instructing the jury that attempted aggravated assault and simple assault were "equal in seriousness"; (3) whether the trial court erroneously applied an enhancement factor, i.e., the Defendant had no hesitation about committing a crime when the risk to human life was high; (4) whether the trial court erred in ordering consecutive sentences based on the factor that the Defendant was a dangerous offender; and (5) whether consecutive sentencing violated his right to a jury trial as set forth in Blakely v. Washington, 542 U.S. 296 (2004). Following a review of the record, we affirm the judgments of the trial court concerning the Defendant's convictions and the lengths of the Defendant's sentences. Because we conclude that the trial court improperly classified the Defendant as a dangerous offender, we reverse the trial court's order of consecutive sentencing and remand for modification of the sentences to reflect concurrent terms.

http://www.tba2.org/tba_files/TCCA/2007/flippog_060607.pdf


STATE OF TENNESSEE v. RICHARD ADAM HANNAH, LARRY DARNELL PENN, and TRACY LEE RAY

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie Price, Assistant Attorney General; William H. Cox, III, District Attorney General; and Boyd Patterson, Assistant District Attorney, for the appellant, the State of Tennessee

Brandon D. Raulston, Chattanooga, Tennessee, for the appellee, Richard Adam Hannah; Myrlene R. Marsa, Chattanooga, Tennessee, for the appellee, Larry Darnell Penn; and David R. Barrow, Chattanooga, Tennessee, for the appellee, Tracy Lee Ray

Judge: WOODALL

The Hamilton County Grand Jury indicted defendants Richard Adam Hannah, Larry Darnell Penn, and Tracy Lee Ray, for possession of more than .5 grams of cocaine with intent to sell or deliver and possession of marijuana with intent to sell or deliver. Defendant Hannah was also charged with driving without a driver's license. Defendant Penn and Defendant Ray filed a motion to suppress the evidence seized as a result of the search of their car following an unconstitutional stop. At the subsequent hearing, without objection of the State and with the trial court's acquiescence, Defendant Hannah orally joined the motion. The trial court granted the motion to suppress and dismissed the State's case. This appeal followed. On appeal, the State argues that the trial court erred in sustaining the motion to suppress evidence because the initial stop of the vehicle was legal. After a thorough review of the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/hannahr_060607.pdf


MICHAEL R. MARTIN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

David G. Hirshberg, Nashville, Tennessee, for the appellant, Michael R. Martin

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Amy Eisenbeck, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: GLENN

The petitioner, Michael R. Martin, appeals the denial of his petition for post-conviction relief, arguing his trial counsel was ineffective for failing to adequately confer with him before trial and for failing to object to the State's improper rebuttal argument. Following our review, we affirm the denial of the petition.

http://www.tba2.org/tba_files/TCCA/2007/martinm_060607.pdf


STATE OF TENNESSEE v. KENNETH THREALKILL

Court: TCCA

Attorneys:

Rayburn McGowan, Jr., Nashville, Tennessee, for the appellant, Kenneth Threalkill

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Pamela Sue Anderson, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: OGLE

The appellant, Kenneth Threalkill, pled guilty in the Davidson County Criminal Court to one count of aggravated robbery, four counts of robbery, and one count of aggravated assault, and he received a total effective sentence of twenty-one years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court's imposition of consecutive sentencing. Upon our review of the record and the parties' briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/threalkillk_060607.pdf


STATE OF TENNESSEE v. JERMAINE R. WISEMAN

Court: TCCA

Attorneys:

Emma Rae Tennent (on appeal), Amy Harwell (at trial), Assistant Public Defenders, Nashville, Tennessee, for the Appellant Jermaine R. Wiseman

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Rachel Sobrero, Assistant District Attorney General, for the Appellee, State of Tennessee

Judge: HAYES

The Appellant, Jermaine R. Wiseman, was convicted by a Davidson County jury of Class B felony possesion of cocaine, Class E felony possesion of marijuana, and misdemeanor possesion of drug paraphernalia. On appeal, Wiseman raises two issues for our review: (1) whether the trial court erred in denying his special request for a jury instruction with regard to the "allowable inference" a jury is permitted to make based upon the amount of the controlled substance possessed "in a possession for resale case" and (2) whether the evidence is sufficient to support his felony drug convictions. Finding no error, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2007/wisemanj_060607.pdf


Funding Volunteer Fire Service

TN Attorney General Opinions

Date: 2007-06-05

Opinion Number: 07-87

http://www.tba2.org/tba_files/AG/2007/ag_07-87.pdf

TODAY'S NEWS

Legal News
Legislative News
TBA Member Services

Legal News
Cheney aide sentenced, Bush lobbied for pardon
I. Lewis "Scooter" Libby, former chief of staff to Vice President Dick Cheney, was sentenced yesterday to 30 months in prison for lying and obstructing a CIA investigation into the leak of an undercover agent's identity. Since the ruling came down, party activists have called on President Bush to pardon him.
The Tennessean has this story from the Associated Press
Supreme Court to review FedEx suit
The U.S. Supreme Court said Monday it would consider whether an age discrimination lawsuit against FedEx Corp. could proceed. At issue is whether a group of 14 employees followed proper procedures in suing the company, reports the Memphis Daily News.
Click here to read the story
Winkler to seek new trial
Mary Winkler faces up to six years in prison for shooting her minister husband. She will be sentenced on Friday and reportedly will ask for a new trial. Her attorney argues that several defense motions related to evidence were wrongly rejected.
Learn more from WSMV News 4
Memphis city council passes new ethics rules
The Memphis City Council unanimously passed a new ethics ordinance last night, but critics argue it provides limited penalties for infractions. Under the measure violators face a fine of $50 or a public censure. The new law also creates a Board of Ethics to investigate complaints against city employees as well as elected and appointed officials.
The Commercial Appeal reports
Fayette inmates released
It wasn't quite a clean sweep of the county jail, but Fayette County General Sessions Judge Mike Whitaker ordered the release of eight prisoners this morning. Since last week, Whitaker has been on a mission to release inmates from the a facility he says is "overcrowded" and "a fire trap." He plans to continue reducing the prison population until the new Fayette County Justice Center opens in November.
The Commercial Appeal has more
Congress looks for new approach to medical liability
The U.S. Congress is seeking new ways to address medical liability issues. Under one bipartisan proposal, states can apply for grants to resolve medical malpractice claims using non-traditional methods such as mediation, health courts or other innovative programs. Tennessee's own Howard Vogel was interviewed for the story.
Read it in the Tennessean
Asian Pacific bar launched
The Tennessee Asian Pacific American Bar Association opened its doors last month as the first state-wide, non-profit association of Asian Pacific American attorneys, judges, law professors, law students and those interested in Asian American legal issues. The association's first officers are President Teresa Chan with Branstetter, Stranch & Jennings; Vice President Jon Stanley with Bridgestone Firestone North American Tire; Secretary Kaz Kikkawa with Constangy, Brooks & Smith; and Treasurer Ling Guan at Boult, Cummings, Conners & Berry -- all of Nashville.

2007 Law Day contest winners announced
The TBA recently announced student winners of the 2007 Law Day Art and Essay Contest. Justin Carrasco of Cedar Bluff Intermediate School in Knoxville won first place in the art contest, while Dinah Webster of Hendersonville Christian Academy in Gallatin took first place in the essay competition.
Read about all the winners and see their entries at tba.org
Memphis attorney builds bridges to Japan
Arnold Perl, a labor lawyer at Ford & Harrison, has received the Order of the Rising Sun -- the second-highest honor the Japanese emperor bestows on a warrior or civilian -- for promoting cultural unity between Japan and Tennessee.
Read about his work in the Commercial Appeal
Welcome to the practice of law in Tennessee
More than 50 new lawyers were sworn in to the practice of law by the Tennessee Supreme Court Tuesday during ceremonies at the Tennessee Performing Arts Center in Nashville. The new lawyers included those who took the bar examination in February. Following the ceremony, the TBA hosted the lawyers and their families at a celebratory luncheon at the Tennessee Bar Center.

Legislative News
Senate vote would alter ethics disclosure
The state Senate unanimously passed legislation Monday, which would alter the disclosure of consulting or contract work by legislative and executive branch employees by reducing filings from quarterly to annually.
The Memphis Daily News reports
State house passes He legislation
The Tennessee House voted 54-31 Monday to change state law on what is considered abandonment of a child. The proposal comes in response to the custody case of Anne He, the Memphis child whose birth parents left her to be raised by foster parents, but later were prohibited from contacting her.
The Memphis Daily News has more
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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