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Class of 2010 begins law school journey
The Class of 2010 became official today as 171 first-year students took part in orientation at the University of Tennessee College of Law. Julian Blackshear, a partner in the Nashville law firm of Smith, Harsch, Blackshear & Harris and a UT law graduate, was keynote speaker in today's program, which also included a panel of recent graduates sharing suggestions for maximizing the law school experience. Orientation activities continue this week, with classes getting underway on Thursday.
http://www.law.utk.edu/news/inf8-21.htm
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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 or to obtain a text version of each opinion, 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 the TBA's Membership Central.
04 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
04 - TN Court of Criminal Appeals
05 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
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STATE OF TENNESSEE V. KENNETH C. DAILEY, III
Court: TSC
Attorneys:
J. Carlton Drumwright, Brentwood, Tennessee, for the appellant, Kenneth C. Dailey, III.
Robert E. Cooper, Jr., Attorney General & Reporter; Michael E. Moore, Solicitor General; Preston
Shipp, 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: CLARK
The Defendant, Kenneth C. Dailey, III, pleaded guilty to second degree murder and reserved a
certified question of law regarding the admissibility of his statements of confession to the crime.
Disagreeing with the trial court, the prosecutor, and the defense that the question was dispositive of
the case, the Court of Criminal Appeals dismissed the appeal. We hold that, on the record before
us, the certified question is dispositive of the case. Accordingly, we reverse and remand this matter
to the Court of Criminal Appeals for its review of the certified question on its merits.
http://www.tba2.org/tba_files/TSC/2007/daileyk_082007.pdf
STATE OF TENNESSEE V. HENRY A. EDMONDSON, JR.
Court: TSC
Attorneys:
Jeffrey A. DeVasher, Assistant Public Defender (on appeal); and Jennifer Hall and Jonathan F. Wing,
Assistant Public Defenders (at trial), Nashville, Tennessee, for the appellant, Henry A. Edmondson,
Jr.
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Mark
A. Fulks and C. Daniel Lins, Assistant Attorneys General; and Kathy Morante and Harold Donnelly,
Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: CLARK
We granted the Defendant Henry A. Edmondson, Jr.'s request for permission to appeal to address
an issue of first impression regarding the meaning of the word "possession" as it is used in the
carjacking statute. The Defendant accosted the victim in a retail parking lot when she was several
yards away from her parked car. He demanded her keys and then drove away in her car. The
Defendant contends that the victim was too far away from her vehicle to be in "possession" of it as
required by the carjacking statute, Tennessee Code Annotated section 39-13-404 (2006). We hold
that the victim was in possession of her motor vehicle and that the Defendant's conviction of
carjacking is supported by sufficient evidence. Accordingly, we affirm the judgment of the Court
of Criminal Appeals.
http://www.tba2.org/tba_files/TSC/2007/edmondsonh_082007.pdf
SIMPSON STRONG-TIE COMPANY, INC. v. STEWART, ESTES & DONNELL, A Tennessee Partnership
Court: TSC
Attorneys:
John J. Heflin, III, and Kenneth P. Jones, Memphis, Tennessee, and Arthur J. Shartsis and Erick C.
Howard, San Francisco, California, for the plaintiff, Simpson Strong-Tie Company, Inc.
Robert J. Walker and Charles I. Malone, Nashville, Tennessee, for the defendant, Stewart, Estes &
Donnell.
Judge: CLARK
We accepted a question of law certified by the United States District Court for the Middle District
of Tennessee to determine whether the absolute litigation privilege applies to what may be
defamatory communications made by an attorney prior to a proposed judicial proceeding when the
communications are directed at recipients unconnected with the proposed proceeding. We hold that
an attorney is privileged to publish what may be defamatory information prior to a proposed judicial
proceeding even when the communication is directed at recipients unconnected with the proposed
proceeding. In order for the privilege to apply, (1) the communication must be made by an attorney
acting in the capacity of counsel, (2) the communication must be related to the subject matter of the
proposed litigation, (3) the proposed proceeding must be under serious consideration by the attorney
acting in good faith, and (4) the attorney must have a client or identifiable prospective client at the
time the communication is published.
http://www.tba2.org/tba_files/TSC/2007/simpsonstrong-tie_082007.pdf
UT MEDICAL GROUP, INC. v. VAL Y. VOGT, M.D.
Court: TSC
Attorneys:
Kenneth P. Jones, Memphis, Tennessee, for the appellant, Val Y. Vogt, M.D.
Stephen H. Biller and Walter E. Schuler, Memphis, Tennessee, for the appellee, UT Medical
Group, Inc
Judge: CLARK
We granted review in this case to determine whether UT Medical Group, Inc. presented a
justiciable case or controversy to the trial court when it alleged that Dr. Vogt anticipatorily
breached an employment contract covenant. Because the record fails to show that Dr. Vogt
committed an anticipatory repudiation of the non-competition covenant found in her employment
agreement, Dr. Vogt is entitled to summary judgment. Therefore, we reverse the judgment of the
Court of Appeals and remand this case to the trial court for the entry of an order dismissing the
case.
http://www.tba2.org/tba_files/TSC/2007/vogtv_082007.pdf
EMILY K. BOGGS v. WILLIAM B. BOGGS
Court: TCA
Attorneys:
William Barry Boggs, Franklin, TN, Pro Se Appellant.
Virginia Lee Story, Franklin, TN, for the Appellee, Emily Kirby Boggs.
Judge: KURTZ
This post-divorce appeal seeks reversal of two civil contempt findings and also contends that a
pendente lite injunction restraining the disposition of funds violated a bankruptcy court stay. For the
reasons stated herein, this Court finds no reversible error and remands for a determination of
appropriate attorney's fees to be awarded to the appellee.
http://www.tba2.org/tba_files/TCA/2007/boggse_082007.pdf
TERRIE LYNN HALL HANKINS v. JAMES MICHAEL HANKINS
Court: TCA
Attorneys:
Stuart B. Breakstone, Kathy Baker Tennison, Memphis, TN, for Appellant
Larry Rice, Memphis, TN, for Appellee
Judge: HIGHERS
In this case, the plaintiff wife filed for divorce from the defendant husband in December of 2003.
The husband collaterally attacked the validity of the wife's previous divorce from her second
husband in 1985, asserting that the wife was still married to her second husband. The trial court
bifurcated the proceedings to determine the validity of the parties' marriage. After the hearings on
this issue, the trial court found that the wife's efforts at service of process on her second husband
during her second divorce had been insufficient, and ruled that any subsequent marriage was
therefore invalid. After conducting further hearings as to the parties' property, in its order on
division of assets, the court found that a bank account held jointly by the parties was the sole
property of the husband, and it awarded each party a one-half interest in real property located in
Humphreys County, Tennessee. We affirm in part, reverse in part, and remand for further
proceedings in the circuit court.
http://www.tba2.org/tba_files/TCA/2007/hankinst_082007.pdf
IN THE MATTER OF: M.A.B, D.C.M, M.A.M, M.I.M, D.Z.M and W.M.E.M.
Court: TCA
Attorneys:
Jeremy B. Epperson, Pinson, Tennessee, for the appellant.
Robert E. Cooper, Jr., Attorney General and Reporter, Lauren S. Lamberth Assistant Attorney
General and Nancy S. Nelson, Assistant General Counsel, for the State of Tennessee, Department
of Children's Services.
Angela L. Jenkins, Guardian ad Litem.
Judge: FARMER
The trial court terminated Mother's parental rights to six of her children based upon the persistence
of conditions that led to removal of the children from Mother's care by the Department of Children's
Services and upon finding that termination of Mother's parental rights was in the children' best
interests. We affirm.
http://www.tba2.org/tba_files/TCA/2007/mab_082007.pdf
RICKY BARNETT V. STATE OF TENNESSEE
Court: TCCA
Attorneys:
J. Chase Gober, Nashville, Tennessee, for the appellant, Ricky L. Burnett.
Robert E. Cooper, Jr., Attorney General & Reporter; Leslie E. Price, Assistant Attorney General;
Victor S. Johnson, District Attorney General; and Brian K. Holmgren, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: SMITH
Petitioner pled guilty to two counts of child rape and one count of child abuse. His effective
sentence is twenty-five years, twenty-two years to be served concurrently for each child rape and
three years for child abuse to be served consecutively to the twenty-two years. Within a year of his
guilty plea, Petitioner filed a petition for post-conviction relief arguing that his trial counsel was
ineffective and, therefore, his plea was not entered knowingly, intelligently and voluntarily.
Petitioner argued that his trial counsel was ineffective for: (1) not adequately explaining the nature
and consequences of his guilty plea; (2) not adequately investigating the facts of the Petitioner's
case; (3) not adequately consulting with him prior to entering his plea; and (4) not having Petitioner
undergo a mental health screening. Following a full hearing, the post-conviction court denied the
petition. After a thorough review of the record, we affirm the denial of the petition.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Trial Court is Affirmed.
http://www.tba2.org/tba_files/TCCA/2007/barnettr_082007.pdf
STATE OF TENNESSEE v. MICHAEL RAY BATES
Court: TCCA
Attorneys:
Gregory D. Gookin, Jackson, Tennessee, for the appellant, Michael Ray Bates.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney
General; James G. Woodall, District Attorney General; and Alfred L. Earls, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
The appellant, Michael Ray Bates, was convicted in the Madison County Circuit Court of four
counts of selling one-half gram or more of cocaine and received an effective ten-year sentence to be
served in a community corrections program. Subsequently, the trial court revoked the appellant's
community corrections sentence and ordered him to serve his ten-year sentence in confinement. On
appeal, the appellant challenges the revocation of his community corrections sentence and the
imposition of confinement. Upon review of the record and the parties' briefs, we affirm the
judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2007/batesm_082007.pdf
STATE OF TENNESSEE v. ANTONIO DANTE EDMONDSON
Court: TCCA
Attorneys:
Jennifer Lynn Thompson, Nashville, Tennessee, for the appellant, Antonio Dante Edmondson.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General;
Victor S. Johnson, III, District Attorney General; and Bret Thomas Gunn, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: TIPTON
The defendant, Antonio Dante Edmondson, was convicted at a jury trial of two counts of facilitation
of aggravated robbery, Class C felonies. He received two five-year terms to be served consecutively
in the Department of Correction, for an effective sentence of ten years. In this appeal, he claims (1)
that the evidence is insufficient to support his convictions, (2) that the trial court erred in admitting
proof of other robberies under Tennessee Rule of Evidence 404(b), and (3) that he was improperly
sentenced. We affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2007/edmondsona_082007.pdf
JAMES ERIC WINSTON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
James Eric Winston, Appellant, Pro Se (on appeal); and Ross E. Alderman, District Public Defender;
and Amy Goodwin, Assistant Public Defender, in the post-conviction court.
Robert E. Cooper, Jr., Attorney General & Reporter; Rachel West Harmon, Assistant Attorney
General; Victor S. Johnson, III, District Attorney General; and Bret Gunn, Assistant District Attorney
General, for the Appellee, State of Tennessee.
Judge: WITT
The petitioner, James Eric Winston, sought post-conviction relief in the Davidson County Criminal
County Court in the form of deoxyriboneculeic acid (DNA) analysis of physical evidence associated
with his 1992 Davidson County aggravated rape convictions. The criminal court ordered the DNA
analysis, but after reviewing the results, the court dismissed the petition. On appeal, the petitioner
claims that his trial counsel rendered ineffective assistance, that the public defender's office, which
represented the petitioner in his 1993 trial, had a conflict of interests that should have precluded a
public defender from representing him in the criminal court on the post-conviction DNA proceeding
now under review, and the DNA test results establish his claim of actual innocence of aggravated
rape. These appellate claims are unsupported in the record, and therefore, we affirm the order of the
criminal court.
http://www.tba2.org/tba_files/TCCA/2007/winstonj_082007.pdf
Authority to Subdivide Property within County
TN Attorney General Opinions
Date: 2007-08-16
Opinion Number: 07-121
http://www.tba2.org/tba_files/AG/2007/ag_07-121.pdf
Authority of Jewish Cantor to Perform Marriage
TN Attorney General Opinions
Date: 2007-08-16
Opinion Number: 07-122
http://www.tba2.org/tba_files/AG/2007/ag_07-122.pdf
Judicial Commissioner Closely Related to Law Enforcement Officer
TN Attorney General Opinions
Date: 2007-08-16
Opinion Number: 07-123
http://www.tba2.org/tba_files/AG/2007/ag_07-123.pdf
City Acquiring Ownership of a Water Utility District
TN Attorney General Opinions
Date: 2007-08-16
Opinion Number: 07-124
http://www.tba2.org/tba_files/AG/2007/ag_07-124.pdf
Application of Article II, Section 29, of the Tennessee Constitution to Local Government Investing in Mutual Fund Organized as Business Trust
TN Attorney General Opinions
Date: 2007-08-17
Opinion Number: 07-125
http://www.tba2.org/tba_files/AG/2007/ag_07-125.pdf
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| TODAY'S NEWS |
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Legal News
Politics
Upcoming
TBA Member Services
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| Legal News |
| Editorial: 'Fast-track' for death penalty cases a bad idea |
| If the Justice Department gets its way, U.S. Attorney General Alberto Gonzales would get expanded power over death-penalty cases, including the authority to shorten the time condemned inmates have to appeal convictions to federal courts, the Tennessean writes in an editorial. "These 'fast-track' procedures are simply terrible ideas and should not be implemented," the paper says. |
Read the editorial
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| In a companion opinion piece, Nashville attorney David Raybin agrees with the Tennessean, saying he believes "each state should have the freedom to administer the death penalty without federal meddling." He calls for funding for more prosecutors and public defenders, "if we need 'help' from the federal government." |
Read Raybin's column in the Tennessean
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Knox commission
may re-do appointments |
| Knox County Commissioners may re-do a dozen controversial appointments to head off a trial over possible violations of the state Open Meetings Act. At least three newly appointed commissioners said they would be willing to step down if it would prevent a trial in the News Sentinel's lawsuit against commissioners.
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Read more in the Knoxville News Sentinel
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| Elvis death anniversary brings folks from all over to Memphis |
| The 30th anniversary of Elvis Presley's death may be celebrated more by out-of-town visitors than locals, but Memphis lawyers Lucian Pera and Bill Haltom have seen a change in the last 15 years in how the whole "Elvis phenomenon" is seen there in their city. "When people come in from out of town, the first place they want to go is Graceland," Haltom says. "Out of Memphis, people of all sorts of educational levels ... don't think Elvis is something to be embarrassed about. They think he was a cultural force." |
Read the details in the Memphis Daily News
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| Polk County can't find money for jail |
| Even with the county's jail being abruptly shut down last week, Polk County commissioners couldn't reach an agreement on funding operations at the county's new justice center at a meeting last Thursday. |
The Times Free-Press has more
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| Commissioners want to hand oversight to judges |
| Some Hamilton County commissioners say they are prepared to wipe their hands clean of the judicial commissioners program and let the General Sessions judges decide how to set bonds and sign warrants on nights and weekends, the Times Free Press reports. "If we stand pat on this, they'll have to take it," Commissioner Curtis Adams said.
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Read the story
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| Does giving away free drugs violate Unfair Sales Law? |
| The Publix grocery chain, in offering free antibiotics, may be violating Tennessee's Unfair Sales Law. Baeteena Black, the executive director of the Tennessee Pharmacists Association, said she's been contacted by pharmacists worried about the practice.
"They are concerned about unfair competition in the marketplace," Black said. |
Follow this story in the News Sentinel
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| Ashcroft was 'distraught,' denied access to advisors |
| FBI chief Robert S. Mueller's personal notes show that in a 2004 visit with John Ashcroft, the then-attorney general was "feeble, barely articulate, clearly stressed," and wanted to discuss the approval of a secret national security program with top advisers, but was barred by the White House from doing so. The partially censored notes describe Ashcroft in his hospital room just moments after being visited by then-White House counsel Alberto Gonzales and Andy Card, the president's chief of staff at the time.
Mueller's account backs up earlier descriptions of the dispute over whether to continue the program despite Justice Department concerns about its legality. |
Read this AP story in the News Sentinel
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| No billable hours for first-years? |
| Atlanta's Ford & Harrison has decided to do away with billable hour requirements for first-year associates in a effort to close the practical-skills gap of law school education and increase value to clients. "Everyone sits around and complains about the problems," said C. Lash Harrison, managing partner of the law firm. "I figured, what the heck, maybe we can try something." |
The National Law Journal reports
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| Politics |
| Birch endorses Dean for mayor |
| Retired state Supreme Court Justice Adolpho A. Birch appears in a television commercial endorsing Karl Dean for Nashville's mayor. "In my nearly 40 years as a judge, I saw thousands of people. The ones I remember most had something special about them -- and I'll always remember Karl Dean," Birch says in the ad. Dean faces Bob Clement in a runoff for mayor Sept. 11. |
Read the column in the Tennessean
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| Upcoming |
| Deadline this week for Access to Justice Award nominations |
| The Tennessee Bar Association's Access to Justice Committee is soliciting nominations for the 2007-2008 Access to Justice Public Services Awards. Awards include the newly renamed Ashley T. Wiltshire Public Service Attorney of the Year Award, the Harris Gilbert Pro Bono Award and the Law Student Volunteer Award, which will be presented at the TBA Public Service Awards Luncheon scheduled for Jan. 19. The deadline for nominations is Aug. 24. |
Click here for more information or to submit a nomination
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| Grisham, Turow to help Mississippi Innocence Project |
| John Grisham and Scott Turow will headline a fundraising dinner Oct. 22 for the Mississippi Innocence Project at the University of Mississippi School of Law. The Mississippi Innocence Project was established with initial funding by Grisham, a 1981 Ole Miss law school graduate, and Columbus attorney Wilbur Colom.
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Find out more from WMC-TV
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| Save at FedEx Kinkos |
| Through your membership in the TBA, your business can enjoy FedEx reliability and special savings on a variety of FedEx services, including savings on FedEx Kinkos services. All you have to do is sign up. Opening an account is free and there is no minimum shipping requirement. |
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