Gray Public Service Mediation Award marks 'Mediation Day'

The Tennessee Coalition for Mediation Awareness celebrated Mediation Day in Tennessee today by awarding its inaugural Grayfred Gray Public Service Mediation Award to UT Law Professor Emeritus Grayfred Gray. The "G.G." was given to Gray "for his original and lasting contribution to mediation awareness in Tennessee." This year's Mediation Day Luncheon was hosted by the Institute for Conflict Management at David Lipscomb University. Read more from the Tennessee Coalition for Mediation Awareness:

http://www.2mediate.org/tcma.html

TODAY'S OPINIONS
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CORNELIUS BOALES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

George Morton Googe, District Public Defender; and Hewitt Chatman, Assistant Public Defender, Jackson, Tennessee for the appellant, Cornelius Boales

Robert E. Cooper, Attorney General and Reporter; David H. Findley, Assistant Attorney General; James G. Woodall, District Attorney General; and Alfred Lynn Earls, Assistant District Attorney General for the Appellee, State of Tennessee.

Judge: WOODALL

Petitioner was convicted by a jury of one count of felony possession of cocaine with intent to sell, a class B felony, and one count of felony possession of marijuana with the intent to sale, a class E felony. Petitioner was sentenced as a Range I offender to twelve years for the cocaine conviction and two years for the marijuana conviction to be served concurrently in the Tennessee Department of Correction and a $100,000 fine. Petitioner's conviction was affirmed by this court. See State v. Boales, 2005 WL 517538, at *1. (Tenn. Crim. App., at Jackson, March 3, 2005) perm. app. denied (Tenn. June 27, 2005). This Court also affirmed his sentence as to incarceration, but reduced the fine imposed to $50,000. See Boales, 2005 WL 517538. Petitioner timely filed a petition for post- conviction relief alleging ineffective assistance of trial counsel. The trial court dismissed the petition. After a thorough review of the record of the post-conviction hearing, this Court affirms the judgment of the trial court dismissing the petition.

http://www.tba2.org/tba_files/TCCA/2007/boalesc_101807.pdf


SHAWN RAFAEL BOUGH v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

James L. Flanary, Knoxville, Tennessee, for the petitioner, Shawn R. Bough.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Ta Kisaha M. Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Shawn Rafael Bough, appeals the Knox County Criminal Court's denial of his petition for post-conviction relief from his convictions for first degree felony murder and especially aggravated robbery and resulting concurrent sentences of life and twenty-one years, respectively. On appeal, he contends that he received the ineffective assistance of counsel because his trial attorney (1) failed to object to the introduction of the victim's 911 tape into evidence; (2) failed to object when a State witness testified about an uncorroborated confession made by the petitioner; (3) failed to object to an improper comment made by the prosecutor during his closing statement; (4) failed to ask for a curative instruction when the prosecutor mentioned during his closing statement that the defense had failed to produce an alibi witness alluded to during the trial; (5) failed to object when the trial court improperly instructed the jury on the underlying felony for first degree murder; and (6) failed to investigate his case adequately. Upon review of the record and the parties' briefs, we affirm the post-conviction court's denial of post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2007/boughs_101807.pdf


STATE OF TENNESSEE v. DAVIDSON M. TAYLOR

Court: TCCA

Attorneys:

Charles E. Waldman (on appeal), Memphis, Tennessee; and Jake Erwin (at trial), Memphis, Tennessee, for the Appellant, Davidson M. Taylor.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Kirby May, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Davidson M. Taylor, appeals his convictions by a Shelby County jury for felony evading arrest in a motor vehicle and driving under the influence ("DUI"). For his felony conviction, Taylor received a one-year suspended sentence. Taylor was also sentenced to eleven months and twenty-nine days for the DUI conviction, with forty-eight hours to be served in confinement. On appeal, Taylor argues that the trial court misapplied established rules of evidence when it ruled that a defense witness' testimony be stricken. Following review of the record before us, we find no error and affirm the judgments of conviction and resulting sentences.

http://www.tba2.org/tba_files/TCCA/2007/taylord_101807.pdf

concurring
http://www.tba2.org/tba_files/TCCA/2007/taylord_CON_101807.pdf


TODAY'S NEWS

Legal News
Politics
Upcoming
TBA Member Services

Legal News
Legal Aid Society wins excellence awards
The Legal Aid Society of Middle Tennessee and the Cumberlands (LASMTC) yesterday received two of the top awards presented in the Center for Nonprofit Management's 2007 Salute to Excellence program. The Chief Executive of the Year Award went to Ashley Wiltshire Jr., in recognition of his leadership and the organization's achievements. LASMTC was also recognized with an Excellence in Communications Award, presented to the organization that exemplifies the best strategy for planning and executing a communication program.
The Nashville Business Journal has more
6th applicant files for Court of Appeals post
Nashville attorney Julie Murphy Burnstein has added her name to the list of applicants for the Court of Appeals vacancy created by the death of Judge William Cain. The deadline for applications is Oct. 23.

Program teaches drivers how to avoid traffic court
Shelby County Public Defender David Bell says he was working in General Sessions Court and noticed that "a whole lot of the cases -- at least 50 percent of the cases we had -- were 'driving while license revoked' cases or in some way had something to do with driving." That's when he got the idea to create "To Keep Your License, Know the Law," an outreach program offered through Memphis City Schools. Attorneys are needed to participate in the program -- to volunteer, call Bell at (901) 545-5854.
Read how its working in the Memphis Daily News
'Brown v. Board' historian to receive Freedom Award
Dr. John Hope Franklin says he "was very optimistic for about 15 minutes" after the U.S. Supreme Court struck down the nation's separate-but-equal schools in 1954. He was the historian who prepared the legal history used as background for the Brown vs. Board of Education lawsuit in Topeka, Kan. Fifty-three years later, Franklin, 92, has grown increasingly vocal in his anger at a country in which he says racism is still a fact of life practiced in a political system trying to spread its principles -- sometimes by force -- to the rest of the world. Franklin will be honored with the National Freedom Award from the National Civil Rights Museum next Tuesday.
The Commercial Appeal reports
Baker, Donelson expands China practice
Baker, Donelson, Bearman, Caldwell & Berkowitz PC announced today it will expand its China practice through a new agreement with the Alabama Development Office to help establish economic development opportunities in China and develop a long-term trade and business development strategy. The hope is to bring more jobs and international business to the state.
Read the press release from Baker, Donelson
Politics
Democrats wait for Briley
State House Democratic leaders are remaining supportive of Rep. Rob Briley and say they are not making recommendations on whether he should step down from the legislature to get his life in order. "People are willing to forgive," said Rep. Randy Rinks, the longtime chairman of the House Democratic Caucus, "but when you get in that situation you've got to just be able to prove yourself and be willing to do that."
The City Paper has the story
Upcoming
'Legal Legs for Justice' run set for Oct. 26
Memphis Area Legal Services Inc. (MALS) and the Shelby County District Attorney General's Office will host the third annual Regions-Morgan Keegan Legal Legs for Justice 5K Run/Walk Oct. 26. Proceeds will benefit the MALS Domestic Violence Project, the YWCA of Greater Memphis and the Memphis/Shelby County Domestic Violence Council. The 5-kilometer race and walk starts at WC Handy Park with registration at 4 p.m. and race starting at 6 p.m.
Find out more and register here
TBA Member Services
Have you activated your FedEx shipping discounts?
TBA members are entitled to discounts on FedEx shipping. Did you know that TBA members are saving an average of $83 per quarter by utilizing their FedEx Association Advantage program discounts? Here's what some members have to say about their FedEx savings:

"Our firm took advantage of the Tennessee Bar Association FedEx discounts and saved over $200 on FedEx Express shipments last quarter alone. It's the best $200 we've ever saved," says member Bill Cameron of Cameron & Young in Cookeville. Start saving on your shipments today! For more information on how to enroll, call 1-800-923-7089 or
visit the TBA Web site

 
 
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