TBA YLD offers CLE program for new lawyers

"The New Lawyer Experience: Bridging the Gap Between Preparation and Practice" gives new lawyers the tools needed to succeed in the pract ice of law. The day-long course offers an introduction to a range of practice areas and practice tips, features a panel of seasoned associates, and includes a lunch and keynote address by a distinguished local attorney. In the afternoon, participants sele ct a litigation or transactional breakout session to dig deeper on issues in their areas of practice. The CLE concludes with a networking mixer. If you are new to the practice of law in Tennessee, you need to be here! Register for the seminar, which will be offered in Knoxville, Memphis and Nashville
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 al l 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 TBALin k at the TBA's Membership Central.

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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.

BRIDGESTONE/FIRESTONE, INC. v. WILLIAM J. ORR

Court: TCA

Attorneys:

William Kennerly Burger of Murfreesboro, Tenne ssee for Appellant, William J. Orr.

Robert E. Boston, Charley H. Williamson of Nashville, Tennessee for Appellee, Bridgestone/Firestone, Inc.

Judge: CRAWFORD

This is an appeal from the grant of summary judgment dismissing Appellant's counterclaim for statutory retaliatory discharge against his employer, the Appellee here in. Finding that the material facts of this case are undisputed and that Appellant failed to show that he refused to participate in or to remain silent about any alleged illegal activity, and/or to prove an exclusive causal link between his alleged refusal to participate in or to remain silent about alleged illegal activities and his termination, we affirm.

http://www.tba2.org/tba_files/TCA/2008/bridgestone_010908.pdf


CHRISTOPHER KEYLN DEARING v. HOWARD CARLTON, WARDEN

Court: TCCA

Attorneys:

Christopher Keyln Dearing, Pro se, Mou ntain City, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; and Sophia S. Lee, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Christopher Keyln Dearing, proceeding pro se, appeals the Johnson County Criminal Court's summary dismissal of his petition for the writ of habeas corpu s. Dearing is currently an inmate at Northeast Correctional Complex in Johnson County as a result of his convictions for Class D felony theft and Class E evading arrest. Dearing's petition alleges that, under the terms of his plea agreement, he pled gui lty to Class D theft in exchange for a sentence of two years; however, the judgment form and Department of Correction records show that the actual length of the sentence he is serving is two years and one day. Dearing argues that, because the State has b reached the plea agreement, his sentence of two years and one day is void. After review, we agree with the trial court that Dearing's petition fails to state a cognizable claim for habeas corpus relief. Accordingly, the judgment of the trial court is af firmed.

http://www.tba2.org/tba_files/TCCA/2008/dearingc_010908.pdf


DARRYL LEE ELKINS . STATE OF TENNESSEE AND RHONDA GRILLS V. STATE OF TENNESSEE
CORRECTION


Court: TCCA

Attorneys:

Larry Dillow, Kingsport, Tennessee, for the appellant, Darryl Lee Elkins.

Gene Scott, Jr., Johnson City, Tennessee, for the appellant, Rhonda Grills.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and James F. Goodwin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioners, Darryl Lee Elkins and Rhonda Grills, were jointly tried and convicted of offenses against the minor child of Rhonda Grills by the Criminal Court for Sullivan County. Petitioner Elkins was convicted of rape of a child ( Class A felony) and attempted rape of a child (Class B felony). He was sentenced to twenty-five years with a fine of $50,000 for the Class A felony and to twelve years for the Class B felony, to be served consecutively. Petitioner Grills was convicted o f facilitation of rape of a child (Class B felony) and sentenced to ten years with a fine of $25,000. Each petitioner appealed, and their sentences were affirmed. See State v. Elkins, 102 S.W.3d 578 (Tenn. 2003); State v. Grills, 114 S.W.3d 548 (Tenn. C rim. App. 2001). Both petitioners subsequently filed petitions for post-conviction relief, which are the subject of this appeal. The post-conviction court granted Petitioner Elkins a new trial on his conviction for attempted rape of a child but denied r elief on the conviction for rape of a child. Petitioner Grills was denied any post-conviction relief. The State, Petitioner Elkins, and Petitioner Grills have all appealed from the order of the post-conviction court. After careful review, we affirm the judgment of the post-conviction court granting relief to Petitioner Elkins, and we affirm the denial of the remaining issues on appeal for both Petitioner Elkins and Petitioner Grills.

http://www.tba2.org/tba_files/TCCA/2008/elkinsd_corr_010908.pdf

TIPTON concurring
http://www.tba2.org/tba_files/TCCA/2008/elkinsd_corr_con _010908.pdf


STATE OF TENNESSEE v. ROY ANTHONY FERRANTE

Court: TCCA

Attorneys:

Steven Oberman, Knoxville, Tennessee, for the a ppellee, Roy Anthony Ferrante.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Steven Bebb, District Attorney General; and Michelle McFadyen, Assistant District Attorney General, for the appellant, State of Tennessee.

Judge: WELLES

After over one year passed between the alleged commission of the offense and the return of a grand jury indictment against the Defendant, Roy Anthony Ferrante, the Criminal Court of Bradley County dismissed his driving under the influence charge, finding that the affidavit of complaint was void and that the State had failed to comply with the Tennessee Rules of Criminal Procedure. The State appealed, arguing that the trial court erred because any defect in the Defendant's affidavit of complaint or arrest warrant was immaterial after a grand jury returned a valid indictment and that the prosecution is not barred by the statute of limitations. The Defendant argues that the trial court properly dismissed the charge because the one-year statute of limitations had expired prior to the grand jury's issuance of a valid indictment. Following our review, we reverse the order of the trial court and remand this case for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2008/ferranter_010908.pdf


EDDIE E. GLENN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Eddie E. Glenn, Pikeville, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; J. Michael Taylor, District Attorney General; and J. William Pope, III, Assistant District Attorney General, for the appellee, the State of Tennes see.

Judge: WOODALL

Petitioner, Eddie E. Glenn, appeals the trial court's dismissal of his petition for writ of habeas corpus in which he contended that his sentence for his first degree premeditated murder conviction is illegal and void. After a thorough review, we conclude that the trial court erred in dismissing the petition, and we reverse and remand the case with instructions for the Bledsoe County Circuit Court to grant the petition and transfer the case to the Union County Criminal Court for correction of the judgment in accordance with this opinion.

http://www.tba2.org/tba_files/TCCA/2008/glenne_010908.pdf


JASPER LEE VICK v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jasper Lee Vick, Whiteville, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Elizabeth T. Rice, District Attorney Geappellee, the State of Tennessee.

Judge: WOODALL

On appeal, Petitioner, Jasper Lee Vick, argues that the trial court erred in summarily dismissing his petition for writ of habeas corpus relief. In his petition, Pe titioner alleged that the trial court improperly determined that Petitioner was a Range II, multiple offender, for the purpose of determining the length of his sentences for especially aggravated kidnapping and sexual battery. After review, we conclude t hat Petitioner has failed to state a ground for which habeas corpus relief is available. Accordingly, we affirm the habeas corpus relief.

http://www.tba2.org/tba_files/TCCA/2008/vickj_010908.pdf


ANTHONY T. WOODS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

James N. Adams, Jr., Corinth, Mississippi, (on appe al); and Charles Fleet, Bolivar, Tennessee, (on appeal), for the appellant, Anthony T. Woods.

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

Judge: WOODALL

Petitioner, Anthony Woods, appeals the post-conviction court's denial of his petition for post- conviction relief in which he alleged the ineffective assistance of couns el at trial when he was convicted of aggravated assault. After a thorough review, we affirm the judgment of the post- conviction court.

http://www.tba2.org/tba_files/TCC A/2008/woodsa_010908.pdf


TODAY'S NEWS

Legal News
Legislative News
Supreme Court Report
Passages
Disciplinary Actions
Upcoming
TBA Member Services

Legal News
State Supreme Court hears asbestos suit
Does a company have responsibility for people -- other than its own employees -- who are exposed to harmful agents from its facilities? That is the question the Tennessee Supreme Court tried to get its arms around Tuesday in Knoxville. The suit is being brought by the family of Amanda Satterfield, who died at the age of 25 from mesothelioma. They claim she was exposed to asbestos as a result of her father's employment with ALCOA.
The Maryville Daily Times has more
Overcrowding clears Rutherford court
The Murfreesboro fire marshal ordered 50 to 100 people to leave the Rutherford County Judicial Building yesterday because of overcrowding. The General Sessions docket for the day included 530 cases and obser vers commented that hallways were completely filled. The marshal said he would place officials at building entrances today to turn away those without legitimate or immediate business with the courts.
The Ashland City Times reports
Blount bar association elects officers
The Blount County Bar Association has named its officers for 2008. They are: President Stephen S. Ogle, Vice President Damon Wooten with Ralls & Wooten, Secretary Sherri DeCosta with Kizer & Black and Treasu rer Donald Crane -- all of Maryville.

UT professor to spearhead media competition report
University of Tennessee College of Law professor Maurice E. Stucke was recently elected to the Advisory Board of the American Antitrust Institute, a Washington, D.C.-based non-profit organization devoted to competition policy. In addition, Stucke will chair the institute's committee responsible for drafting a report on competition within the media industry. The school's newsletter, The Informant, reported the news.

Work begins on Hawkins justice center
After two years of delay, work has begun on transforming Rogersville's old Kmart into the Hawkins County Justice Center and Jail. The project was initiated in 2005 in response to federal lawsuits regarding j ail overcrowding, and because the 172-year-old Hawkins County Courthouse is not compliant with the Americans with Disabilities Act.
Read about the project in the Kingsport Times News
Legislative News
Judicial selection process criticized, TBA president responds
Several state lawmakers criticized the system for appointing judges in Tennessee as the legislature resumed work yesterday. Senator Dewayne Bunch, R-Cleveland, said the system is a "very political operation" and Rep. Mike Bell, R-Riceville, suggested that judges have upheld the system because they benefit from it.
Read the story in the Chattanooga Times Free Press then
Read TBA President Marcy Eason's response
Businesses take workers' comp fight to Hill
Telecommuters and employees who work out in company fitness centers won big with recent Tennessee Supreme Court decisions allowing them to collect workers' compensation benefits. But the business community a nd insurance companies are poised to fight back this legislative session with proposals to overturn those rulings.
The Ashland City Times has more
Supreme Court Report
Court hears two cases today
The U.S. Supreme Court heard arguments today in two cases, one dealing with the constitutionality of Indiana's voter ID law and the other with the use of age in retirement plans. The voter ID case stems from a state law requiring voters to show a photo ID before voting. Read about that suit in the New York Times. The retirement case asks whether the use of age in a retirement plan violates the Age Discrimination in Employment Act.
Read more about that case at SCOTUSblog
Passages
Services set for Thursday for Knoxville lawyer
Robert E. Nichols of the Nichols Law Firm died Jan. 7. A 1984 graduate of the University of Tennessee College of Law, he served in the U.S. Air Force as a judge advocate general before opening his private la w practice. The family will receive friends from 6-8 p.m. on Thursday, Jan. 10 at the Berry Funeral Home on Chapman Highway. The funeral service will follow at 8 p.m. Family and friends will meet at the Mt. Zion Baptist Church Cemetery in Vonore at 2 p.m. on Friday for the interment.

Disciplinary Actions
Louisiana lawyer suspended
The Tennessee Supreme Court on Nov. 21 placed Louisiana lawyer Scott Eason Meece on interim suspension, based on a similar suspension ordered by the Supreme Court of Louisiana on May 9. The suspension remain s in effect until dissolved or amended by the court.
Read the BPR press release
Mississippi lawyer suspended
The state Supreme Court temporarily suspended John Louis Dolan Jr., of Olive Branch, Miss., on Nov. 21 for failure to respond to a complaint of misconduct. The suspension remains in effect until dissolved or amended by the court.
Read the BPR's notice
Upcoming
TBA leadership event to include Opry induction
TBA members taking part in next week's annual Midwinter Leadership Conference will also have a chance to see legendary country music star Charlie Daniels being inducted as the newest member of the Grand Ole Opry. After meetings on Friday and Saturday, TBA participants will kick back Saturday night (Jan. 19) at the Grand Ole Opry to see Daniels' induction, and performances from Marty Stuart, Trace Adkins, Del McCoury, Mel Tillis and others.

TBA Member Services
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. Op ening an account is free and there is no minimum shipping requirement.
Find out more

 
 
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