The graying of lawyers

More than 250,000 of America's practicing lawyers have hit 55 and that number will triple in the next two decades. What does this mean to the profession and individual lawyers? The newest edition of The Complete Lawyer looks at the aging of the profession and asks what we should be doing to stay mentally and physically fit as we age, and how we should deal with the ethical obligations that arise with problems such as mental impairment from Alzheimer's, dementia and other age-related illnesses. Read about this and more in The Complete Lawyer, available online now at

http://tennessee.thecompletelawyer.com

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.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
07 - TN Court of Criminal Appeals
04 - 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

RUSSELL T. ALLEN v. PENNY ANN ALLEN (NOW KOLBE)

Court: TCA

Attorneys:

Andrea R. Goble, Clarksville, Tennessee, for the appellant, Penny Ann (Allen) Kolbe.

B. Lynn Morton, Clarksville, Tennessee, for the appellee, Russell T. Allen.

Judge: CAIN

Mother appeals the denial of her request for modification of custody and contempt, the award of Husband's attorney's fees, and the denial of her request for damages to personal property. Finding no error below, the judgment of the trial court is affirmed in all respects.

http://www.tba2.org/tba_files/TCA/2007/allenr_071107.pdf


JUDY JONES, ET AL. v. WAYNE COUNTY, ET AL.

Court: TCA

Attorneys:

David A. Riddick, Jackson, Tennessee, for the appellants, Judy Jones and Steve Jones.

Taylor B. Mayes, Travis B. Swearingen, Nashville, Tennessee, for the appellees, Wayne County Medical Center and Maury Regional Hospital.

Judge: CAIN

Appellant fell down a staircase on Appellee's premises, sustaining injuries resulting in lost wages and accrued medical expenses. About six months before Appellant's fall, Appellee performed maintenance on the staircase, replacing screws and securing loose boards. Appellant expressed concern about the condition of the stairs to various parties prior to her fall, but never to Appellee. The trial court ruled that the staircase was not dangerous, and that Appellant was at least 50% at fault for her injuries by failing to exercise reasonable care for her own safety. We affirm.

http://www.tba2.org/tba_files/TCA/2007/jonesj_071107.pdf


ANGELIA LAVERNE KIENLEN v. RICHARD LAIRD KIENLEN

Court: TCA

Attorneys:

B. Prince Miller, Jr., Cleveland, Tennessee, for the appellant, Richard Laird Kienlen.

Angelia Laverne Kienlen, appellee, pro se.

Judge: SUSANO

The trial court granted Angelia Laverne Kienlen ("Wife") a divorce frojm Richard Laird Kienlen ("Husband"). The court ordered Husband to pay monthly child support of $901 and alimony in futuro of $150 per month. Husband appeals, contending that the court erred in awarding Wife spousal support. We modify the award of alimony. As modified, the trial court's judgment is affirmed.

http://www.tba2.org/tba_files/TCA/2007/kienlenal_071107.pdf


RANDALL D. LAY v. COMMISSIONER, TENNESSEE DEPARTMENT OF CORRRECTION

Court: TCA

Attorneys:

Randall D. Lay, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter, and Arthur Crownover, II, Senior Counsel, for the State.

Judge: CLEMENT

Inmate appeals the dismissal of his Declaratory Judgment action in which he challenged the constitutionality of an amendment to Tennessee’s statutory scheme governing parole eligibility. Finding the amendment is not a violation of the Ex Post Facto clauses of the Tennessee or United States constitutions, and that it does not violate due process, we affirm.

http://www.tba2.org/tba_files/TCA/2007/layrandall_071107.pdf


JOHNATHON BAUDER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Douglas N. Blackwell, II, Cleveland, Tennessee, for the appellant, Johnathon Bauder.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Steve Bebb, District Attorney General; and John O. Williams, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Johnathon Bauder, pled guilty to two counts of rape of a child, Class A felonies, and was sentenced as an especially mitigated offender to an effective sentence of thirteen and a half years to be served at 100%. He filed a petition for post-conviction relief, arguing that his guilty pleas were not knowingly and voluntarily entered and that he received the ineffective assistance of counsel. After a hearing, the post-conviction court dismissed his petition. Following our review, we affirm the post-conviction court's order of dismissal.

http://www.tba2.org/tba_files/TCCA/2007/bauderj_071107.pdf


RUDELL FUNZIE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jim W. Horner, District Public Defender, and Patrick R. McGill, Assistant Public Defender, for the appellant, Rudell Funzie.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner appeals the denial of habeas corpus relief by the Lake County Circuit Court from his imprisonment for three 1982 armed robbery convictions. On appeal, the petitioner claims that he was sentenced to serve concurrent twenty-five year sentences at thirty-five percent and that because he has served that percentage of the sentences, his sentences have expired. We hold that the trial court properly dismissed the petition and affirm its judgment.

http://www.tba2.org/tba_files/TCCA/2007/funzierudell_071107.pdf


DERRICK ANTHONY HILL v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Derrick Anthony Hill, pro se, Whiteville, Tennessee.

Robert E. Cooper, Jr., Attorney General & Reporter; Rachel West Harmon, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph Eugene Perrin, Assistant District Attorney General, for appellee, State of Tennessee.

Judge: THOMAS

The petitioner, Derrick Anthony Hill, appeals pro se from the Sullivan County Criminal Court's summary dismissal of his petition for post-conviction relief challenging his guilty plea to one count of possession of cocaine in a drug-free school zone. The trial court summarily dismissed the petition because it failed to state a factual basis for his claims of involuntary plea and ineffective assistance of counsel. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/hillderricka_071107.pdf


STATE OF TENNESSEE v. FELICIA ANN LOWERY

Court: TCCA

Attorneys:

Guy T. Wilkinson, District Public Defender, and Richard W. DeBerry, Assistant Public Defender, for the appellant, Felicia Ann Lowery.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Hansel Jay McCadams, District Attorney General; and John W. Overton, Jr., Chief Deputy District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Felicia Ann Lowery, pled guilty to aggravated burglary, a Class C felony, and was sentenced as a Range I, standard offender to six years in the Department of Correction. On appeal, the defendant contends that the trial court erred in denying her alternative sentencing or probation. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/loweryf_071107.pdf


STATE OF TENNESSEE v. MICHAEL RODIQUEZ PAYNE

Court: TCCA

Attorneys:

John D. Parker, Jr., Kingsport, Tennessee, for the appellant, Michael Rodiquez Payne.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Jack Lewis Combs, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Michael Rodiquez Payne, was convicted of aggravated robbery, sentenced to twelve years as a Range I, standard offender, and ordered to pay a fine of $10,000. He filed a timely appeal, arguing that: (1) the evidence was insufficient; (2) he should have received a lesser sentence; and (3) the indictment should have been dismissed because the State lost the audiotaped recording of the first preliminary hearing. Following our review, we affirm the judgment and sentence.

http://www.tba2.org/tba_files/TCCA/2007/paynem_071107.pdf


WILLIAM MATNEY PUTMAN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

William Matney Putman, Clifton, Tennessee, Pro Se.

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

Judge: GLENN

The petitioner, William Matney Putman, was sentenced in 1995 to life without parole, following his guilty plea to first degree murder. Subsequently, he filed a petition for writ of habeas corpus, based upon the fact that life without parole was not a lawful sentence at the time of his sentencing. The post-conviction court agreed and resentenced him to life with parole. He appealed this resentencing, claiming that he could not be resentenced without his consent, which he did not give. We reviewed this claim on appeal and determined that it was without merit. He then filed a petition for postconviction relief, asserting that trial counsel was ineffective for allowing him to plead guilty to an illegal sentence and resentencing counsel and appeal counsel were ineffective for their roles in not pursuing the petitioner's pro se motion to withdraw his 1995 plea. The post-conviction court denied the petition, and, following our review, we affirm that order.

http://www.tba2.org/tba_files/TCCA/2007/putmanw_071107.pdf


STATE OF TENNESSEE v. DARRYEL WEBB a/k/a DARRYL WEBB

Court: TCCA

Attorneys:

Robert Wilson Jones, District Public Defender, Tony N. Brayton (on appeal) and Robert T. Hall (at trial), Assistant Public Defenders, for the appellant, Darryel Webb a/k/a Darryl Webb.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Alanda Horne Dwyer, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant was convicted of aggravated burglary, a Class C felony, by a Shelby County Criminal Court jury. He was sentenced to fifteen years as a Career Offender to be served in the Department of Correction consecutively to a prior conviction. In this appeal, he claims that the circumstantial proof of his guilt is insufficient to support his conviction. We disagree and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/webbd_071107.pdf


Return of Campaign Contributions

TN Attorney General Opinions

Date: 2007-07-09

Opinion Number: 07-101

http://www.tba2.org/tba_files/AG/2007/ag-07-101.pdf

Judicial Commissioners in Hamilton County Setting Bonds/Immunity

TN Attorney General Opinions

Date: 2007-07-10

Opinion Number: 07-102

http://www.tba2.org/tba_files/AG/2007/ag-07-102.pdf

Definition and Use of Title "Engineer"

TN Attorney General Opinions

Date: 2007-07-09

Opinion Number: 07-100

http://www.tba2.org/tba_files/AG/2007/ag_07-100.pdf

Transfer of Parentage Actions From Juvenile Court to Circuit or Chancery Court

TN Attorney General Opinions

Date: 2007-07-09

Opinion Number: 07-99

http://www.tba2.org/tba_files/AG/2007/ag_07-99.pdf

TODAY'S NEWS

Legal News
TBA Member Services

Legal News
3 more apply for Court of Appeals slot
Juan Gonzalo Villasenor, an assistant attorney general in the Tennessee Attorney General's Office, Davidson County Night Court Magistrate/Judicial Commissioner Thomas Edward Nelson and Middle Division Claims Commissioner Stephanie R. Reevers today joined eight other candidates for the Middle Division Court of Appeals seat left open by William Koch's appointment to the Tennessee Supreme Court. The deadline for applications is July 16.
Find out more
Newspaper calls for more information on judicial performance
The public needs more information to help it judge judicial performance, an editorial in the Lebanon Democrat says. It calls for an annual disclosure of: the number of appeals filed; the appellate rate -- the number of cases upheld, overturned or partially overturned; the number of complaints filed with the Court of the Judiciary; and the disposition of those complaints.
Read the editorial
Big starting salaries not for most law school grads
Record breaking salaries for first-year lawyers make the headlines, but a National Law Journal story says a significant contingent of job seekers -- including those with strong credentials -- are living a much different story after graduation. Instead of receiving eye-popping salaries, they are disillusioned and are struggling to pay off big student loans on more modest salaries.
Read the story on Law.com
Vandy law prof calls for breaking up 9th Circuit
Judicial decisions from the 9th Circuit this year again were more likely to be overturned than those from other courts. Vanderbilt Law School professor Brian T. Fitzpatrick says dividing the district in half is the key to getting more "mainstream" decisions.
Read his opinion piece from the Los Angeles Times
TBA Member Services
Alimony Bench Book now available
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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