October 'Journal' outlines new Non-Smoker Protection Act

The Non-Smoker Protection Act, signed by Gov. Phil Bredesen in June and effective today, prohibits smoking in such public areas as malls, sports stadiums and restaurants. Find out details of the act in this month's Tennessee Bar Journal in articles by Don Paine and Edward G. Phillips. Also in this issue, Brandon E. Bass points out how several liability aggravates harm to innocent plaintiffs, TBA President Marcy Eason writes about her pro bono experiences and humor columnist Bill Haltom considers alternative wedding vows in "Til Real Estate Do Us Part."

http://www.tba.org/Journal_Current/tbj-2007_10.html

TODAY'S OPINIONS
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2007/certlist_100107.pdf


STATE OF TENNESSEE v. SABRINA RENEE LEWIS
CORRECTION


Court: TSC

Attorneys:

Jay Norman, Nashville, Tennessee, for the appellant, Sabrina Renee Lewis.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Pamela Anderson and Roger Moore, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WADE

The Defendant, Sabrina Renee Lewis, was convicted of criminally negligent homicide and facilitation of especially aggravated robbery. The trial court imposed a twenty-one-year effective sentence. The Court of Criminal Appeals affirmed. We granted permission to appeal in order to consider three evidentiary questions, the last two of which require interpretations of the federal and state constitutional provisions relating to the right of confrontation: (1) whether a videotaped statement by the Defendant was admissible as "against interests"; (2) whether a statement by the victim was admissible as a dying declaration; and (3) whether expert testimony regarding DNA test results was admissible. Because the videotaped statement by the Defendant was properly allowed as an admission by a party opponent, because a testimonial dying declaration does not violate the right of confrontation under the federal or state constitution, and because confrontation rights do not prohibit an expert evaluation of DNA data, the judgment of the Court of Criminal Appeals is affirmed.

http://www.tba2.org/tba_files/TSC/2007/lewiss_Corr_100107.pdf


BARBARA HAMILTON EX REL. EVELYN H. TATE v. METROPOLITAN HOSPITAL AUTHORITY

Court: TCA

Attorneys:

Phillip L. Davidson, Nashville, Tennessee, for the appellant, Barbara Hamilton.

Jennifer Bozeman, John L. Kennedy, and Elizabeth A. Sanders, Nashville, Tennessee, for the appellee, Metropolitan Hospital Authority.

Judge: KOCH

This appeal involves an elderly nursing home patient who was injured by an accidental fall at the Bordeaux Long Term Care facility. The patient filed a negligence action against the Metropolitan Hospital Authority in the Circuit Court for Davidson County. After the patient was diagnosed with Alzheimer's disease, dementia, and delusions, the trial court permitted the complaint to be amended to enable her daughter to continue the case on her behalf. Following a one-day bench trial, the trial court found that the plaintiff failed to meet her burden of proof to show both that the injury to her mother was reasonably foreseeable and that the Authority's actions or inactions were a proximate cause of the fall. We have determined that the evidence in the record fully supports the trial court's judgment. Accordingly, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2007/hamiltonb_100107.pdf


ELTON W. HUNT, ET UX. v. CYNTHIA JUNE TWISDALE

Court: TCA

Attorneys:

T. Holland McKinnie, Franklin, TN, for Appellant

Terry J. Leonard, Camden, TN, for Appellees

Judge: HIGHERS

This appeal involves a sale of the equipment and inventory of a wine and liquor store. The buyers had little to no experience in the liquor business, but they trusted the seller because she was their friend and their son-in-law's mother. According to the buyers, they had agreed to purchase the inventory at cost basis and to pay $10,000 for the equipment. The seller reviewed the inventory and told them that its cost was $60,000. The buyers executed a promissory note for $70,000. The buyers opened their own wine and liquor store and soon discovered that the cost of the inventory they bought from the seller was only $30,000. They notified the seller of the discrepancy and ultimately filed this suit seeking reformation of the contract for mutual mistake and/or fraud. The trial court admitted parol evidence of the agreement and found by clear and convincing evidence that the parties were mutually mistaken as to the amount of inventory that the seller owned. The court reformed the contract to reflect the true cost of the inventory. The trial court also denied the seller's request for attorney's fees. We affirm.

http://www.tba2.org/tba_files/TCA/2007/hunte_100107.pdf


CITY OF MILLERSVILLE v. GEARY FALK

Court: TCA

Attorneys:

Gary M. Williams, Hendersonville, Tennessee, for the appellant, Geary Falk.

Robert G. Wheeler, Jr., Nashville, Tennessee, for the appellee, City of Millersville.

Judge: KOCH

This appeal involves a dispute between the City of Millersville and a homeowner regarding the enforcement of an ordinance regulating the location of dumpsters on residential property. After the Millersville City Court fined the homeowner fifty dollars for violating the ordinance, the homeowner appealed to the Circuit Court for Sumner County. Following a bench trial, the court found that the homeowner had violated the ordinance and, in addition to fining him fifty dollars, ordered the homeowner to remove the dumpster from his property. The homeowner has appealed. We have determined that the trial court erred by ordering the homeowner to remove the dumpster from his property.

http://www.tba2.org/tba_files/TCA/2007/millersville_100107.pdf


IN THE MATTER OF M.O.

Court: TCA

Attorneys:

T. Lance Carter, Fayetteville, Tennessee, for the appellant, L. O. R.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth C. Driver, Senior Counsel, for the appellee, Tennessee Department of Children's Services.

Judge: COTTRELL

The trial court denied Petitioner's request to reinstate his parental rights. The trial court had previously ordered that his parental rights be terminated due to severe child abuse. The judgment of the trial court was affirmed on appeal. We affirm the trial court's finding that Petitioner has stated no legal basis for his petition.

http://www.tba2.org/tba_files/TCA/2007/mo_100107.pdf


RITA D. ROGERS v. JEFFREY T. ROGERS

Court: TCA

Attorneys:

Andrew M. Cate, Nashville, Tennessee, for the appellant, Jeffrey T. Rogers.

James V. Mondelli, Brentwood, Tennessee, for the appellee, Rita D. Rogers.

Judge: COTTRELL

Husband appeals final decree of divorce on the basis of improper venue arguing that Wife's subjective belief that the marriage had ended does not satisfy the "separation" requirement in the venue statute, Tenn. Code Ann. section 36-4-105. Finding that "separation" requires an objective manifestation of separation, we conclude that the trial court erred in its venue ruling. The case is consequently remanded for transfer under Tenn. Code Ann. section 16-1-116.

http://www.tba2.org/tba_files/TCA/2007/rogersr_100107.pdf


MARSHA L. STEWART, ET AL. v. RICKY E. COTTRELL, ET AL.

Court: TCA

Attorneys:

Robert B. Littleton and James A. Beakes III, Nashville, Tennessee, for the appellants, Marsha L. Stewart and Timothy G. Stewart.

Christian M. Garstin, Nashville, Tennessee, for the appellees, Ricky E. Cottrell, Kathy D. Cottrell, and Heather B. Cottrell.

Judge: CLEMENT

The issue on appeal is whether the general sessions court may back date the dismissal of a civil warrant, the result of which deprives the plaintiff of the benefit of the Savings Statute to commence a new civil action. When it was discovered that the plaintiffs had requested a voluntary dismissal a year and a half earlier but the case had not been dismissed, the general sessions court entered a dismissal and backdated the effective date of the dismissal to the date the voluntary dismissal had been requested. When the plaintiffs perfected an appeal of the dismissal to the circuit court within ten days of the entry of the order of dismissal, the defendants moved to dismiss the case as being barred by the statute of limitations, relying on the nunc pro tunc application of the dismissal. The circuit court dismissed the case as time barred and this appeal followed. We have determined a dismissal of a civil warrant is not effective until an order of dismissal, signed by the judge, is entered by the clerk of the court. The plaintiffs timely appealed the dismissal of their general sessions warrant within ten days of the date of entry of the order by the clerk. Therefore, this action is not time barred.

http://www.tba2.org/tba_files/TCA/2007/stewartm_100107.pdf


TENNESSEE ENVIRONMENTAL COUNCIL, ET AL. v. WATER QUALITY CONTROL BOARD, ET AL.

Court: TCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Barry Turner, Deputy Attorney General; Sohnia W. Hong, Senior Counsel; and Phillip R. Hilliard, Assistant Attorney General, for theappellants, Tennessee Water Quality Control Board and the Tennessee Department of Environment & Conservation.

Richard C. Mangelsdorf, Jr., and Edward M. Yarbrough, Nashville, Tennessee, for the appellees, Tennessee Environmental Council, The Nashville Grotto of the National Speleological Society, Inc., and Public Employees for Environmental Responsibility and Tennessee Scenic Rivers Association.

J. Andrew Goddard, Nashville, Tennessee, for the appellee, City of Spencer.

Judge: CLEMENT

This dispute arose in 2002 when environmental groups filed a Petition for Judicial Review under Tenn. Code Ann. section 4-5-322 of the Uniform Administrative Procedures Act seeking to reverse the grant of a wastewater discharge permit to the City of Spencer, Tennessee. The Chancellor issued a temporary injunction and directed the parties to participate in a judicial settlement conference under the supervision of the Third Circuit Court of Davidson County. Thereafter, the parties reached an agreement which was memorialized in an Agreed Final Judgment, wherein the City of Spencer agreed to permanently refrain from wastewater discharge into Dry Fork Creek. Although not a party to the proceeding, the Governor's Office joined in the agreement, agreeing to assist the parties to seek funding for an alternative discharge project. Three years later, the General Assembly enacted Chapter 502 of the 2005 Tennessee Public Acts, wherein $1,600,000 was allocated to the Department of Finance and Administration for the purposes of making a grant to the City of Spencer for sewage treatment facilities. When the funds were withheld because the State Building Commission had not approved the project, the City of Spencer made an oral motion during a status conference on November 22, 2005, requesting that the Chancellor compel the State to disburse the $1,600,000 grant. The court granted the motion and ordered the State to disperse the funds to the City. This appeal followed. We have determined that the ruling of the trial court must be overturned for three reasons. One, we find nothing in the Agreed Judgment that requires the State of Tennessee to provide additional funds to construct a wastewater discharge line. Two, based upon the separation of powers, the court may not usurp the executive authority of the State Building Commission, which must approve the project before the funds may be expended. Three, the $1,600,000 grant was never at issue in the disputed case proceedings before the administrative agency and, therefore, the trial court did not have subject matter jurisdiction over that issue.

http://www.tba2.org/tba_files/TCA/2007/tnenv_100107.pdf


XL SPORTS, LTD v. JERRY LAWLER

Court: TCA

Attorneys:

Leonard W. Yelsky, Cleveland, Ohio, and Joseph D. Barton, Millington, Tennessee, for the appellant, Jerry Lawler.

Larry E. Parrish, Memphis, Tennessee, for the appellee, XL Sports, Ltd.

Judge: KOCH

This appeal involves the enforceability of a defendant's agreement to pay a plaintiff's legal expenses incurred as a result of a contempt proceeding arising out of a discovery dispute. The litigants compromised the discovery dispute on the day of the hearing on the contempt petitions, and the Chancery Court for Shelby County entered an order approving the parties' agreement and dismissing the pending contempt petitions. Thereafter, the defendant objected to the reasonableness of the amount of the attorney's fees requested by the plaintiff and also asserted that he should not be required to abide by the agreement because this court had subsequently determined that the plaintiff's underlying complaint should be dismissed with prejudice. The trial court ordered the defendant to pay the plaintiff's lawyer $44,982.96, and the defendant has appealed. We have concluded that the contempt proceeding was separate from the underlying litigation and, therefore that the defendant remains liable on his agreement to pay the plaintiff's legal expenses related to the contempt petitions notwithstanding the eventual dismissal of the plaintiff's underlying lawsuit. We have also determined that the trial court erred by ordering the defendant to pay the attorney's fees directly to the plaintiff's lawyer rather than to the plaintiff itself.

http://www.tba2.org/tba_files/TCA/2007/XLSports_100107.pdf


TIMOTHY A. BAXTER v STATE OF TENNESSEE

Court: TCCA

Attorneys:

Timothy A. Baxter, Pro Se, Tiptonville, Tennessee.

Robert E. Cooper, Jr., Attorney General & Reporter; Leslie E. Price, Assistant Attorney General; Jerry Woodall, District Attorney General; and Al Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Timothy Baxter, pled guilty to a multitude of offenses on December 10, 2001. As a result of this negotiated plea, Petitioner received an effective sentence of twelve years. Petitioner did not file a petition for post-conviction relief until February 25, 2005, which was over two years outside the statute of limitations under T.C.A. section 40-30-102. On May 4, 2005, the post-conviction court dismissed the petition for being outside the statute of limitations. Petitioner did not file a notice of appeal within thirty days as required by Rule 4(a) of the Tennessee Rules of Appellate Procedure. On July 20, 2006, over a year after the post-conviction court filed its order dismissing his petition, Petitioner filed a motion for delayed notice of appeal. Five days later, the post-conviction court denied Petitioner's request. On August 7, 2006, Petitioner filed a notice of appeal from the post-conviction court's dismissal of his motion for delayed appeal. Following a thorough review of the record, we dismiss Petitioner's appeal on the grounds that there is no entitlement to a delayed appeal from the post-conviction court's denial of Petitioner's petition for post-conviction relief. In addition, it is not in the interest of justice to waive the timely filing of a notice of appeal in Petitioner's case. Therefore, this appeal is dismissed.

http://www.tba2.org/tba_files/TCCA/2007/baxtert_100107.pdf


STATE OF TENNESSEE v. AARON LEON BURNETTE, JR.

Court: TCCA

Attorneys:

Shana C. Johnson (on appeal), Somerville, Tennessee, and Daniel J. Taylor (at trial), Jackson, Tennessee, for the appellant, Aaron Leon Burnette, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Joe Van Dyke, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

A Hardeman County Circuit Court jury convicted the appellant, Aaron Leon Burnette, Jr., of aggravated assault with a deadly weapon, vandalism of property valued one thousand dollars or more but less than ten thousand dollars, and evading arrest while operating a motor vehicle. The trial court sentenced him as a Range II, multiple offender to ten, eight, and four years, respectively, and ordered that he serve the ten- and four-year sentences consecutively for an effective sentence of fourteen years in confinement. On appeal, the appellant contends that (1) the trial court should have granted his motion to suppress because the police did not have reasonable suspicion to stop his vehicle; (2) the evidence is insufficient to support his convictions; and (3) the trial court improperly enhanced his sentence and ordered consecutive sentencing. Based upon the record and the parties' briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/burnettea_100107.pdf


STATE OF TENNESSEE v. SANDRA EVANS

Court: TCCA

Attorneys:

Robert Wilson Jones, District Public Defender; and Garland Erguden and Robert Trent Hall, Assistant Public Defenders, for the appellant, Sandra Evans.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stacy McEndree, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Sandra Evans, was convicted of first degree felony murder in the perpetration of theft and voluntary manslaughter (a Class C felony). The conviction for voluntary manslaughter was merged with the felony murder conviction, and the defendant was sentenced to life imprisonment. On appeal, the defendant challenges the admissibility of hearsay testimony under the exceptions for excited utterances, and medical diagnosis and treatment. The defendant also contends that certain testimony violated her right to confrontation and that the evidence, as a whole, was insufficient to support the convictions. Upon review, we reverse the conviction and remand for a new trial.

http://www.tba2.org/tba_files/TCCA/2007/evanss_100107.pdf


STATE OF TENNESSEE v. ELMER HARRIS

Court: TCCA

Attorneys:

Robert Wilson Jones, Shelby County Public Defender; Tony N. Brayton, Assistant Public Defender (on appeal); and Diane Thackery, Assistant Public Defender (at trial), Memphis, Tennessee, for the Appellant, Elmer Harris.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Alanda Dwyer, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Elmer Harris, appeals his convictions in the Shelby County Criminal Court for aggravated robbery, criminal attempt to commit aggravated robbery, and aggravated assault. The charges stemmed from incidents occurring at two different Memphis convenience stores on July 4 and July 10, 2004. Prior to trial, the State moved that the two separate indictments be consolidated for trial, and the trial court granted the motion for consolidation. On appeal, Harris presents two issues for our review: (1) whether the trial court erred in consolidating the indictments for trial; and (2) whether the evidence presented at trial was sufficient to support his convictions. We affirm Harris' convictions; however, we conclude that double jeopardy protections require that the convictions for attempted aggravated robbery and aggravated assault be merged. Accordingly, we remand to the trial court for purposes of merger and for entry of corrected judgments of conviction.

http://www.tba2.org/tba_files/TCCA/2007/harrise_100107.pdf


BOBBY MARABLE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Barbara Hobock and Cynthia Chandler-Snell, Humboldt, Tennessee, for the appellant, Bobby Marable.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Garry G. Brown, District Attorney General; and Jerald Campbell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioner, Bobby Marable, appeals the denial of his petition for post-conviction relief. On appeal, he contends that his counsel was ineffective and that his guilty plea was entered unknowingly and involuntarily. After review, we conclude that no error exists, and we affirm the judgment from the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2007/marableb_100107.pdf


STATE OF TENNESSEE v. SHAWN McCOBB and MARCUS WALKER

Court: TCCA

Attorneys:

Karen Massey, Assistant Public Defender, Memphis, Tennessee, for the appellant, Shawn McCobb; and Lauren Pasley-Ward, Memphis, Tennessee, for the appellant, Marcus Walker.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Anita Spinetta, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendants, Shawn McCobb and Marcus Walker, were convicted of aggravated robbery, a Class B felony, and sentenced as Range I, standard offenders to ten years in the Department of Correction. In their consolidated appeal, they argue that the evidence was insufficient to support their convictions and the trial court erred in imposing ten-year sentences. Defendant Walker additionally asserts that it was error for the trial court to impose a fine over $50 and allow his impeachment with a prior conviction. Following our review, we affirm the convictions and sentences of the trial court but modify the fines imposed to $50 each.

http://www.tba2.org/tba_files/TCCA/2007/mccobbs_100107.pdf


STATE OF TENNESSEE v. CHRISTOPHER PERRY

Court: TCCA

Attorneys:

Gregory Thomas Carman, Memphis, Tennessee, for the appellant, Christopher Perry.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; William L. Gibbons, District Attorney General; and Dennis Johnson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Christopher Perry, was convicted of the first degree murder of Stanley Johnson, and he received a sentence of life imprisonment. In the instant appeal, the appellant challenges the trial courtís denial of his motion to suppress, arguing that the court should have found that his Sixth Amendment right to counsel was violated. Upon reviewing the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/perryc_100107.pdf


THOMAS EARL WILLIAMS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Thomas Earl Williams, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Anita Spinetta, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The pro se Petitioner, Thomas Earl Williams, appeals the habeas corpus court's order summarily dismissing his petition, arguing that the dismissal was erroneous for several reasons. Principally, he contends that he is entitled to relief because the sentencing statutes under which he was sentenced in 1974 were later found to be unconstitutional. Following our review, we conclude that his sentences are lawful and have not expired, and that his judgments are not void. Consequently, we affirm the habeas corpus court's order of summary dismissal.

http://www.tba2.org/tba_files/TCCA/2007/williamst_100107.pdf


TODAY'S NEWS

Legal News
Passages
TBA Member Services

Legal News
Ford won't go to jail yet
John Ford will not have to report to prison on Oct. 17 as scheduled. The former state senator was granted additional time this morning for his appellate attorney to obtain and review several thousand pages of transcripts from his bribery trial. Ford, 65, who was convicted in April of taking $55,00 in bribes as a state legislator, was sentenced last month to more than five years to be served in a federal prison near El Paso, Texas.
The Commercial Appeal reports
Justice Thomas memoir hits stores today
Today is the first day of the U.S. Supreme Court's new term, and also the day that Supreme Court Justice Clarence Thomas' autobiography My Grandfather's Son hits bookstores. The memoir covers his life up to his swearing in as a member of the high court, unapologetically recounting the battle over his nomination in 1991. When his side won, Thomas writes, his response was "whoop-de-damn-do."
National Public Radio has the story
Arrest records to remain public
A federal judge on Friday ruled that Metro Nashville police arrest records will remain open to the public. U.S. District Judge Aleta Trauger's ruling came after Vanderbilt University Law Professor Jim Blumstein tried to get the city to enforce 30-year-old agreements that would have kept arrest information confidential until the arrestee was convicted.
Read more details in the Tennessean
Shelby considers 'Family Court'
An all-inclusive "Family Court," which supporters say might deal with issues such as dependency, neglect, domestic violence, divorce and adoption more efficiently in a single court setting, is up for discussion in Shelby County. Last week commissioners sponsored a resolution to study the feasibility of such a court, but there are plenty of skeptics to the idea, notably Juvenile Court Judge Curtis Person. "It would change the whole nature of this court," Person said. "It would not only impact the cases. It would impact the whole system that we deal with."
The Commercial Appeal has the story
Bredesen, Trauger friendship divided over execution
Tennessean columnist Gail Kerr points out how two power couples who are good friends -- Gov. Phil Bredesen and Andrea Conte and Judge Aleta and Byron Trauger -- have been affected by the decisions surrounding the constitutionality of the three-drug cocktail for lethal injections.
Read the column
'Halt executions,' editorial says
TriCities' area station WJHL says in an editorial that the governors of Tennessee and Virginia should put a moratorium on the death penalty until the U.S. Supreme Court rules on the questions swirling around lethal injection.
Read it on TriCities.com
Can next appointment be less political?
Gov. Phil Bredesen said Friday he hopes the next appointment that comes through the Judicial Selection Commission will be less contentious than recent ones. "The idea of this was to take some of the politics out of it, find good candidates and a good selection of candidates," Bredesen said. "But unfortunately when you're doing something with that much power, it's too easy to let politics kind of creep into it. And I think that's happened in a number of these cases." The commission's next task will be to fill the seat on the middle section of the state Court of Appeals caused by the death of Judge William Bryan Cain on Thursday.
The Commercial Appeal carried this AP story
Grisham sued for libel regarding 'The Innocent Man'
Writer John Grisham has been named in a libel lawsuit filed over a nonfiction book he wrote about the 1982 murder of Debbie Sue Carter in Ada, Okla. The two men originally convicted of Carter's murder, Ron Williamson and Dennis Fritz, were later exonerated by DNA evidence and freed after 12 years in prison. Their experiences are chronicled in two books, John Grisham's first nonfiction book, "The Innocent Man," and Fritz's "Journey Toward Justice."
WMC-TV Memphis has this AP story
Lawyer admits taking money
"I abused a position of trust with several clients, and I took money I was not entitled to," lawyer John Houser Parker told Judge James Beasley Jr. during a long-running sentencing hearing that concluded Friday. "I was a bad actor. I stole $1.5 million ... I'm not going to contest that at all."
Read more about it in the Commercial Appeal
Passages
Anti-segregation law professor dies at 87
Constitutional law professor and Memphis native William P. Murphy, who enraged Mississippi segregationists in the 1950s and 1960s by teaching that school integration was the law of the land, died Saturday of prostate cancer. He was 87. Murphy taught from 1953 to 1962 at the University of Mississippi, which had the state's only law school at the time. He moved away from Oxford about a month before federal troops were called in to enforce the admission of the first African-American student at Ole Miss, undergraduate James Meredith.
The Tennessean has this AP story
TBA Member Services
TBA, Bank of America team up for no-fee credit card
The TBA Rewards American Express Card from Bank of America places a new world of rewards, privileges and service at your command -- with no annual fee.
Click here to learn more

 
 
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