Corporate pro bono grants now available

Apply now for a 2008 Corporate Counsel Pro Bono Initiative Grant, offered through the Tennessee Bar Association. The grants are funded by money raised from last year's Corporate Counsel Pro Bono Initiative Reception and Dinner and will go to local access to justice organizations and partnerships with corporate legal departments and law firms. The funds are to be used to develop pro bono opportunities and projects specifically designed for corporate counsel. Find out more from Tennessee's Corporate Counsel Pro Bono Initiative:

http://www.tba.org/TLCF/probono_initiative/grants_2007-2008.html

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.

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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.

GRASSLAND DAIRY PRODUCTS, INC. v. DURRETT CHEESE SALES, INC. v. GREGORY O. DURRETT, ET AL.

Court: TCA

Attorneys:

Philip L. Robertson, Nashville, Tennessee, for the appellant, Grassland Dairy Products, Inc.

L. Gilbert Anglin, Murfreesboro, Tennessee, for the appellees, Gregory O. Durrett and Esaleen Durrett.

Judge: CLEMENT

The plaintiff appeals the final judgment of the trial court denying the plaintiff's request for a judgment against the defendants in accordance with the garnishment statute and the denial of the trial court to affix a lien upon a security deposit. The issue on appeal is whether a security deposit held by a landlord in connection with the lease of certain real property by the judgment debtor is subject to a garnishment, or, in the alternative, a lien pursuant to Tenn. Code Ann. section 26-2-213 to satisfy a monetary judgment. We affirm the trial court's denial of an entry of judgment against the defendants for the garnishment of the security deposit and the trial court's refusal to grant a lien upon the security deposit.

http://www.tba2.org/tba_files/TCA/2008/grassland_020408.pdf


BOBBY A. DAVIS v. HOWARD CARLTON, WARDEN

Court: TCCA

Attorneys:

Bobby A. Davis, Mountain City, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; and David H. Findley, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The pro se petitioner, Bobby A. Davis, appeals the summary dismissal of his petition for writ of habeas corpus, arguing that his aggravated rape and aggravated robbery convictions are void due to various defects in the indictments. Following our review, we affirm the summary dismissal of the petition.

http://www.tba2.org/tba_files/TCCA/2008/davisb_020408.pdf


STATE OF TENNESSEE v. SHERRY SULFRIDGE

Court: TCCA

Attorneys:

Benjamin S. Pressnell, Tazewell, Tennessee, for the appellant, Sherry Sulfridge.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William Paul Phillips, District Attorney General; and Jared Effler, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Sherry Sulfridge, pled guilty in the Claiborne County Criminal Court to aggravated child neglect and reckless homicide with the length of her sentences to be determined by the trial court. After a sentencing hearing, the trial court sentenced the appellant to concurrent sentences of nineteen and three years, respectively. On appeal, the appellant contends that the trial court erred by enhancing her sentences based upon the victim's vulnerability. Upon review of the record and the parties' briefs, we conclude that the trial court properly enhanced the appellant's sentences. Nevertheless, we also conclude that the trial court erred by sentencing the appellant pursuant to the 2005 Sentencing Act in the absence of a valid waiver of her ex post facto rights and remand the case to the trial court for resentencing under the 1989 Sentencing Act or for the appellant to execute a written waiver of ex post facto protections.

http://www.tba2.org/tba_files/TCCA/2008/sulfridges_020408.pdf


Requiring Realtors and Landlords to Ascertain Immigrant Status

TN Attorney General Opinions

Date: 2008-02-04

Opinion Number: 08-18

http://www.tba2.org/tba_files/AG/2008/ag_08_18.pdf

TODAY'S NEWS

Legal News
Your Practice
TBA Member Services

Legal News
Officials ask again for body of former AG to be exhumed
Special prosecutors, renewing their attempt to exhume the body of Knox County Attorney General Ed Dossett, have filed documents saying there is evidence that he was murdered and that his widow, Raynella Dossett Leath, is a suspect.
Follow the story in the News Sentinel
DA, PD increases were not enough, advocates say
Advocates for Tennessee's district attorneys and public defenders contend that the 32 prosecutors and 19 public defenders added in 2007 were only a fraction of what were needed. The most recent study of court caseloads by the Tennessee Comptroller last year concluded that there was a statewide shortage of 123 public defenders before the added staff positions. In Davidson County, the Public Defender's Office recently reported that it provided legal assistance in 31,557 cases during 2007.
Read more in the Times Free Press
Pilot project works to help parolees succeed
A program in East Tennessee that seeks to help parolees succeed outside prison, The Overcome Foundation, is working with the blessing of the state Board of Probation and Parole.
Read more about this nonprofit pilot program in the Johnson City Press
Hamilton County sheriff arrested on extortion, drug trafficking charges
Federal officers arrested Hamilton County Sheriff Billy Long Saturday on charges of extorting money from ethnic Indian store owners and laundering what he believed was drug money sent to Mexico in cremation urns. Late today, drug trafficking was also added to the list, as his resignation is also called for. Assistant U.S. Attorney Gary Humble described the sheriff to a federal judge as a "danger to the community."
The News Sentinel carried the AP story
ABA to consider tightening law school requirements
The American Bar Association is poised to tighten a rule that requires law schools to show that they are graduating students who can pass the bar exam. The ABA is expected to approve the controversial measure at its meeting in Los Angeles next week, when its House of Delegates will consider a recommendation from the ABA's legal education section. The proposed change has drawn sharp criticism, especially from those representing minority law students' interests. But it is one that the ABA hopes will appease the Education Department, which grants the ABA authority to accredit law schools.
The National Law Journal reports
Rutherford/Cannon County bar gets new officers
New officers for the Rutherford/Cannon County Bar Association are Leslie A. Collum, president, assistant district attorney, 16th Judicial District; Darwin K. Colston, vice president, Mitchell & Mitchell; Timothy Hogan, secretary; and Thomas Santel, treasurer, Cope, Hudson, Scarlett, Reed & McCreary. All are from Murfreesboro.

Your Practice
February TBJ addresses pandemic flu, medical examiners
The February issue of the Tennessee Bar Journal is out, featuring how to help your clients prepare for a possible pandemic and details on how to best interact with the medical examiner. Regular columnist Edward G. Phillips writes about supervisory harassment, Don Paine reviews Clarence Thomas's new book, and Bill Haltom gives his take on what to do when a jury falls asleep on you.
Read the Journal online
TBA Member Services
Guide to pro bono assistance
The TBA YLD has released a new resource to help volunteer attorneys provide meaningful legal services to victims of natural disasters. The 83-page document addresses a wide range of legal and social service issues disaster victims most frequently face. And unlike other resources that have been used in the past, this manual is Tennessee specific.
Download a copy today

 
 
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