Sharpen your appellate practice skills

Experienced attorneys hoping to sharpen their skills in appellate practice will want to attend this year's Advanced Appellate Practice CLE program Sept. 26 at the Tennessee Bar Center in Nashville. Tennessee Supreme Court Justice Janice M. Holder, Appellate Court Clerk Michael Catalano, and attorneys George T. "Buck" Lewis, Michael Moore and Jeff DeVasher will focus on how to structure and present your appeal, including: planning the appeal and trial court strategy, perfecting the appeal, preparing the appeal, presenting the appeal, appellate oral argument, and practice pointers -- assessing the oral argument.

https://www.tnbaru.com/CLE/catalog_course_details.php?course=5111

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.

01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) 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. 2) 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.

NORA ELIZABETH KILBY MOORE v. RONNIE DALE MOORE

Court: TSC

Attorneys:

Roger E. Jenne, Cleveland, Tennessee, for the appellant, Ronnie Dale Moore.

John T. Rice, Chattanooga, Tennessee, for the appellee, Nora Elizabeth Kilby Moore.

Judge: HOLDER

We granted permission to appeal to determine whether income from a nonrecurring capital gain may be considered in determining a parent's gross income for purposes of modifying child support. We hold that income from an isolated or "one-time" capital gain must be included in calculating gross income and that the trial court erred in dismissing the petition to modify child support. Accordingly, we affirm the judgment of the Court of Appeals and remand this case for calculation of child support pursuant to the Child Support Guidelines.

http://www.tba2.org/tba_files/TSC/2007/mooren_090507.pdf


IN RE C.R.D

Court: TCA

Attorneys:

Jeffrey L. Levy, Nashville, Tennessee, for the appellant, James H. Donahue.

Sharon T. Massey, Clarksville, Tennessee, for the appellee, Mary E. Brown.

Judge: KOCH

This appeal involves the parenting arrangements for a non-marital child. The biological father, whose military career had prevented him from living near the child, moved to the city where the child resided and requested the Montgomery County Juvenile Court to establish a joint parenting arrangement which gave each parent equal parenting time. The juvenile court declined to consider the father's petition based on its conclusion that the father's decision to move to the city where the child resided was not significant enough to warrant further modifications in the existing parenting arrangement. We have determined that the father has established that a material change in circumstances has occurred and that the trial court must consider whether further modifications in the existing parenting arrangement to enable the child to spend more time with her father would be in the child's best interests.

http://www.tba2.org/tba_files/TCA/2007/crd_090507.pdf


STATE OF TENNESSEE V. MARGIE FRANCES HAMBY

Court: TCCA

Attorneys:

Mack Garner, District Public Defender, Maryville, Tennessee (at trial), J. Liddell Kirk, Knoxville, Tennessee (on appeal), for the Appellant, Margie Frances Hamby.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Mike Flynn, District Attorney General; Rocky Young, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Blount County jury convicted the Defendant, Margie Frances Hamby, of attempted theft of property valued under $500, and the trial court sentenced her to six months, with thirty days in jail and the balance to be served on supervised probation. On appeal, the Defendant contends that the trial court erred in not granting her full probation. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/hambym_090507.pdf


TODAY'S NEWS

Legal News
BPR Actions

Legal News
Defendant attacks attorney after sentence read
Daniel Lynn Alford, a suspect in an execution-style slaying, attacked his defense attorney Tuesday after the judge handed him a 33-year sentence in a low-level drug case. Attorney James W. Bell suffered a blow to the head and a scrape to the neck but required no immediate medical attention.
Read about the incident in the News Sentinel
Former UT legal opponent joins faculty
Rita Sanders Geier was a 23-year-old law student at Vanderbilt and an instructor at Tennessee State University when the University of Tennessee announced plans to expand to Nashville. Fearing the move would lead to neglect of TSU, she sued the state arguing that the expansion would create a segregated higher education system. This week she joined the UT faculty as an associate to Chancellor Loren Crabtree and a senior fellow at the Howard H. Baker Jr. Center for Public Policy.
The News Sentinel profiles her 40 year journey
Future of TCPA class action suits remains in doubt
A case that will come before the state Supreme Court in coming months likely will determine whether class action lawsuits can be filed against businesses under the Tennessee Consumer Protection Act. That issue has remained unresolved since last year when the court declined to hear an appeal in a similar case.
Learn more
Legal networking web sites offer new resource
Professional networking and social web sites are a growing trend and lawyers are getting their own. LawLink, a free site intended to serve as a forum for referrals, discussion of professional issues and information-sharing, launched last week with 200 members. Still on the drawing board is Legal OnRamp, a similar members-only community of corporate in-house counsel and law firm attorneys that represent companies.
The Wall Street Journal looks at the trend
Stamp of approval for jury service
The U.S. Postal Service will issue a stamp commemorating jury duty at a Sept. 12 courthouse ceremony in New York City. The stamp is the result of work by the ABA Commission on the American Jury as well as former ABA President Robert J. Grey Jr. and New York Court of Appeals Chief Judge Judith Kaye, one of three commission co-chairs. The $0.41 stamp depicts a diverse group of 12 jurors and is intended to emphasize the importance of jury service, reports the ABA Journal.
Read more or view the stamp
Grand jury calls holding facilities 'unacceptable'
A Sullivan County grand jury recently toured the county jail, detention center booking area and court holding facilities. While jury members praised efforts to reduce overcrowding at the jail, they called some aspects of the holding cells "totally unacceptable."
The Kingsport Times News reports
BPR Actions
Memphis attorney censured
The Tennessee Supreme Court on Aug. 28 publicly censured William H. Thomas Jr. after he was held in contempt of court for violating an injunction order and a previous contempt order.
Read the BPR release

 
 
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