Minority law student enrollment dropping, study shows

Enrollment of African-American and Mexican-American students in U.S. law schools is down significantly since 1992 and could drop further, the Wall Street Journal's Law Blog reports. The news is based on statistics reviewed by the Columbia Law School and the Society of American Law Teachers. Read more in The National Law Journal
TODAY'S OPINIONS
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BESSIE MCGILL v. STATE OF TENNESSEE

Court: TCA

Attorneys:

Sonya W. Henderson, Murfreesboro, Tennessee, for the appellant, Bessie McGill.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael e. Moore, Solicitor General and Heather C. Ross, Senior Counsel, for the State of Tennessee.

Judge: FARMER

The Claims Commission dismissed Claimant's action pursuant to Tennessee Code Annotated section 9-8- 402(b) and for failure to reply to the Commission's show cause order. We affirm.

http://www.tba2.org/tba_files/TCA/2008/mcgillb_011708.pdf


SATURN & MAZER TITLE SERVICES, INC. v. AMSOUTH BANK

Court: TCA

Attorneys:

John R. Wingo and Derek C. Jumper, Nashville, Tennessee, for the appellant, AmSouth Bank.

C. Bennett Harrison, Jr., and Brian W. Holmes, Nashville, Tennessee, for the appellee, Saturn & Mazer Title Services, Inc.

Judge: CLEMENT

The issue on appeal is the extent of a bank's liability under the Uniform Commercial Code, Tenn. Code Ann. section 47-4-101 et seq., for the payment of checks drawn on a bank customer's trust account over forged endorsements. The bank customer, a real estate title services company, filed this action seeking a refund of the face value of checks improperly charged to its trust account over forged endorsements. In granting summary judgment for the customer, the trial court found that the customer was entitled to recover the face value of two forged checks. The trial court, however, denied the claim regarding two other forged checks as being barred by the statute of limitations, and the court denied the customer's request for prejudgment interest. The bank appealed contending the customer cannot recover more than its actual losses, which are less than the face value of the checks. The customer appeals the denial of prejudgment interest. We have determined that the bank's liability is limited to the actual loss sustained by the customer, and find no error with the trial court's denial of prejudgment interest. Therefore, we reverse in part and affirm in part the decision of the trial court.

http://www.tba2.org/tba_files/TCA/2008/saturnmazer_011708.pdf


STATE OF TENNESSEE v. JERRY WAYNE WRIGHT

Court: TCCA

Attorneys:

Robert L. Jolley, Jr., Knoxville, Tennessee, for the appellant, Jerry Wayne Wright.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Steve Bebb, District Attorney General; and Andrew Mark Freiberg and Chalmers Thompson, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

A Monroe County Criminal Court jury convicted the appellant, Jerry Wayne Wright, of second degree murder and possession of drug paraphernalia, and the trial court sentenced him to consecutive sentences of twenty and two years, respectively. On appeal, the appellant contends that (1) the trial court should have suppressed his statement to police because the police did not have probable cause to arrest him; (2) the evidence is insufficient to support his second degree murder conviction because the State did not prove he killed the victim "knowingly"; (3) the trial court should have granted his request for a continuance; (4) the trial court erred by failing to grant his request for a mistrial when a State witness testified that the appellant had been held in continuous custody since his arrest; (5) the trial court should have granted his request to sever the offenses; and (6) his sentences are excessive. Upon review of the record and the parties' briefs, we affirm the appellant's convictions. However, because the trial court committed reversible errors during sentencing, we remand the case for a new sentencing hearing.

http://www.tba2.org/tba_files/TCCA/2008/wrightj_011708.pdf


TODAY'S NEWS

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Disciplinary Actions
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Legal News
Crutchfield gets probation, home confinement and fine
A Memphis judge this afternoon placed former state Sen. Ward Crutchfield on probation for two years, sentenced him to six months of home confinement and imposed a fine of $3000 for accepting a $3,000 payment in the "Tennessee Waltz" sting. Judge J. Daniel Breen cited Crutchfield's age of 79, his ill health and his character in setting his sentence.
Read more on Chattanoogan.com
Hagler tape to be returned, not released
Chancellor Frank Brown, in a 49-page memorandum opinion, ruled today that the tape made by Judge John Hagler should be returned to him and not made public. Brown said the 15-minute tape, which had been sought by several media outlets, did not amount to exculpatory evidence in a murder case and was not a criminal offense.
Read Brown's order on Chattanoogan.com
Judge agrees to review CIA interrogation documents
A federal judge has agreed to review secret documents about the CIA's interrogation program to determine whether they should be released. The American Civil Liberties Union is seeking Justice Department memos on interrogation methods and videotapes believed to depict abusive methods. The judge also scheduled a hearing for next Wednesday to consider another ACLU request: to hold the CIA in contempt for destroying two of the tapes.
The ABA Journal reported the news
Shelby group to report on family court in March
A panel of judges, attorneys and social service providers -- commissioned by the Shelby County Board of Commissioners to consider the creation of a family court -- has been meeting since November and will submit its recommendations to the county by the end of March. If established, the court would consolidate all family-related legal issues in one forum.
The Memphis Daily News has more
Legal clinic for the blind one of a kind
When attorney Nicholas Pomaro offers advice to clients at a Chicago legal aid clinic believed to be the only one in the country focusing on issues faced by the blind, he has one big advantage in understanding their concerns: he's blind too. In an interview with the Chicago Tribune, Pomaro talks about the legal issues most of concern to the blind.
Read more
Legislative News
U.S. senators take aim at judicial education trips
Senators Jon Kyl, R-Ariz., and Russ Feingold, D-Wis., are trying to tie a proposed judicial pay increase to stricter rules limiting freebies that jurists can accept. The two are circulating an amendment to the Federal Judicial Salary Restoration Act, which would ban federal judges from attending educational programs unless they are sponsored by the government or certain bar associations. The proposal also would create a dollar limit on the gifts judges could accept, according to the Daily Journal.
Read it reprinted here
State senate approves firearm measure
The state Senate voted 24-6 on Wednesday to authorize Tennesseans with pistol carry permits to take their weapons into establishments that sell alcohol, so long as they don't drink themselves. The bill now goes to the House, where similar measures have died in subcommittee in previous years.
The News Sentinel has the story
Disciplinary Actions
New Mexico attorney reinstated
Delores Charlotte Korb of Sante Fe has been reinstated to the practice of law in Tennessee after paying the annual BPR fee.
View all attorneys suspended and reinstated for 2007 fee violations
Upcoming
Georgetown law prof speaks Friday at Rhodes
Georgetown Law School professor David Luban will be the keynote speaker Friday at the 21st Annual Institute on the Profession of Law at Rhodes College in Memphis. He will speak on the topic of legal ethics and the standards attorneys should use to determine if they have gone too far ethically for their employer. The institute starts at 8 a.m. and is sponsored by The Daily News, which reported the event.
Learn more from Rhodes' web site
TBA Member Services
Free online legal research is hot TBA benefit
Online legal research is available free to all Tennessee Bar Association members through an agreement with Fastcase, a leading online legal research firm. The new TBA member benefit is national in scope and offers TBA members unlimited usage, unlimited customer service and unlimited printing -- all at no cost.
Log in now to try it out

 
 
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