New TennBarU online course focuses on ethics, technology

If you're looking for guidance in applying Tennessee's Rules of Professional Conduct to the technology you use in your daily practice, this course is for you. The interactive text format offers a lively learning experience, with scenarios that relate to the challenges you face.

https://www.tnbaru.com/CLE/catalog_course_details.php?course=50

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.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
00 - TN Court of Appeals
02 - TN Court of Criminal Appeals
02 - 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.

CORNELL POE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Cornell Poe, Pro Se, Henning, Tennessee (on appeal); Angela Hopson, Jackson, Tennessee (at hearing), for the Appellant, Cornell Poe.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and James W. Thompson, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Petitioner, Cornell Poe, proceeding pro se, appeals the Madison County Circuit Court's denial of his petition for post-conviction relief. In February 2006, the Petitioner filed a petition for post- conviction relief collaterally attacking his convictions for aggravated burglary and Class D felony theft. The post-conviction court appointed counsel, and counsel filed an amended petition. Following an evidentiary hearing, the post-conviction court denied relief. Because the record before this court fails to indicate that the Petitioner's court-appointed counsel was allowed to withdraw or that the Petitioner has waived his right to counsel on appeal, the judgment of the post-conviction court is vacated, and this case is remanded to the post-conviction court for reinstatement of the order denying post-conviction relief. Appointed counsel shall continue in her representation of the Petitioner on appeal, and the case shall proceed in accordance with the Tennessee Rules of Appellate Procedure.

http://www.tba2.org/tba_files/TCCA/2007/poec_091307.pdf


STATE OF TENNESSEE v. JOHN STEPHEN STEELE

Court: TCCA

Attorneys:

Donald E. Spurrell, Johnson City, Tennessee, for the appellant, John Stephen Steele.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Joe Crumley, District Attorney General; and Dennis Brooks and Joy Phillips, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, John Stephen Steele, was found guilty by a jury in the Washington County Criminal Court of second degree murder, and the trial court sentenced him to twenty years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the jury erred in rejecting his defense of insanity. 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/steelej_091307.pdf


Funding Volunteer Fire Service: Clarification

TN Attorney General Opinions

Date: 2007-09-13

Opinion Number: 07-134

http://www.tba2.org/tba_files/AG/2007/ag_07-134.pdf

Applicability of Tenn. Code Ann. Section 35-5-101 to Delinquent Tax Sales

TN Attorney General Opinions

Date: 2007-09-13

Opinion Number: 07-135

http://www.tba2.org/tba_files/AG/2007/ag_07-135.pdf

TODAY'S NEWS

Legal News
Upcoming
TBA Member Services

Legal News
Governor says 'crack tax'
may need to stop
Gov. Phil Bredesen said today it may be time to shut down the state's tax on illegal drugs because of a recent appeals court opinion that the so-called "crack tax" is unconstitutional. The state Court of Appeals last week said that the state shouldn't place a tax on an activity that it considers illegal.
Read the AP story in the News Sentinel
Knox open meetings
trial gets underway
Testimony began today in the Knoxville News Sentinel "Sunshine Law" suit against the county commission in Knox County Chancery Court. Attorney Herbert Moncier, who represents nine citizens joining in the News Sentinel lawsuit, today introduced as his first witness -- not a person but a calendar.
Follow the story in the News Sentinel
Life in retirement: Birch to lead new mayor's transition
Retired Tennessee Supreme Court Justice Adolpho A. Birch will head up the transition team for newly elected Nashville Mayor Karl Dean.
Read more in the Tennessean
Bredesen says Briley
should step down
Gov. Phil Bredesen said today that state Rep. Rob Briley should step down as chairman of a powerful legislative committee because of his arrest last weekend on drunken driving charges. "Anybody is entitled to their day in court, but stepping down from a leadership position would be appropriate," Bredesen said.
The Tennessean has more
Groups don't want Hawkins County courts to move
A proposed new justice center in Rogersville will not house the courts if the Board of Mayor and Alderman and the Hawkins County Bar Association have their way. Both groups have approved resolutions opposing the relocation of the chancery court, circuit court, general sessions court and juvenile courts on Tuesday. The resolutions state that as Tennessee's oldest courthouse and only one of six antebellum courthouses remaining in the state, that the building is a local, regional, state and national treasure that needs to be preserved and used for its original purpose.
The Citizen Tribute followed the story
Mary Winkler goes on Oprah
Over the objections of her former in-laws, Mary Winkler appeared on the Oprah Winfrey Show yesterday, discussing the details of her life with her husband and the events leading up to when she killed him.
See the interview on Oprah.com
Business poll finds most
have used a lawyer
A survey by the Memphis Business Journal found that more than half of those contacted had used the services of an attorney in the last year. Fifty-five percent of those responding had used a lawyer, with some saying being a business owner requires it. "If it's important enough to you, you'll consult an attorney," one respondent said.
Read more
House sale will pay for
accused man's lawyers
A chancellor in Memphis says a man can sell his house to pay for his lawyers' representation. Clayton Smart is accused of orchestrating the theft of millions of dollars as owner of the Forest Hill funeral businesses. Selling the house would have violated an order barring him from transferring any property, but Chancellor Arnold Goldin has allowed it, ordering that the proceeds from the sale be paid to the court-appointed operator of the funeral homes, who will in turn pay the defense lawyers as needed.
The Commercial Appeal has the story
Upcoming
Seminar to address immigration and the arts
The Tennessee Volunteer Lawyers for the Arts will hold a seminar Sept. 25 from 5:30 to 7 p.m. with Yvette Sebelist of Siskind Susser Bland. Sebelist will discuss how immigration law impacts the arts community. The event is free and open to the public. Location is the Global Education Center at 4822 Charlotte Ave. in Nashville. For more information or to register (RSVP by Sept. 24), contact TNVLA at (625) 312-7224 or tennesseevla@gmail.com

TBA Member Services
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on the TBA Web site

 
 
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