Law Technology 2008: Marketing, Management and Techology Solutions for Your Firm

An all-new lineup awaits attendees at this year's TBA Law Technology conference, set for Feb. 22. You'll find: legal technology trends for 2008; the latest technology in the courts; practical guides to marketing through webinars, blogs and podcasts from lawyer, author and marketing guru Greg Siskind; the argument for Macintosh computers for lawyers from Ben Stevens, publisher of the well known law office management blog, "The Mac Lawyer"; updates on the pluses and pitfalls of Microsoft Vista and Office 2007; door prize giveaways and more. Register or find out more now:

https://www.tnbaru.com/CLE/catalog_course_details.php?course=5114

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.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
00 - TN Court of Appeals
04 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
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.

BARRY LEE ARMISTEAD v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Barry Lee Armistead, Pro Se, Nashville, Tennessee.

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

Judge: SMITH

This matter is before the Court upon the State's motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Petitioner has appealed the habeas corpus court's order summarily dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas corpus court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2008/armisteadb_021508.pdf


STATE OF TENNESSEE v. JAMES D. BEAIRD

Court: TCCA

Attorneys:

Jeffrey A. DeVasher (on appeal) and Clark B. Thornton and Jason Gichner (at trial), Assistant Public Defenders, Nashville, Tennessee, for the appellant, James D. Beaird.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Kathy Morante, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant was convicted by jury of attempted especially aggravated robbery and first degree felony murder. For his convictions, he received sentences of twelve years and mandatory life imprisonment to be served consecutively. In this appeal, the defendant presents four issues for review: (1) whether the evidence was sufficient to support his convictions; (2) whether the trial court erred in admitting a tape recording of a 911 call the victim's mother made to police; (3) whether the trial court erred in admitting testimony that the victim was fatally shot on his mother's birthday; and (4) whether the trial court erred in sentencing. Finding no errors requiring reversal, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/beairdj_021508.pdf


STATE OF TENNESSEE v. JOHN W. FOSTER, JR.

Court: TCCA

Attorneys:

Michael A. Colavecchio (on appeal) and Ronald E. Munkeboe, Jr. (at trial), Nashville, Tennessee, for the appellant, John W. Foster, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Smith, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Pamela Anderson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, John W. Foster, Jr., was convicted by a Davidson County jury of aggravated robbery, a Class B felony, and sentenced by the trial court to thirty years at 60 percent as a career offender. In a timely appeal to this court, the defendant challenges the sufficiency of the evidence and the trial court's denial of his motion for a mistrial. Based on our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/fosterj_021508.pdf


STATE OF TENNESSEE v. MICHELLE LEE MASON

Court: TCCA

Attorneys:

Donna Leigh Hargrove, District Public Defender, and Andrew Jackson Dearing, III, Assistant Public Defender, for the appellant, Michelle Lee Mason.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Charles F. Crawford, District Attorney General; and Michael David Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Michelle Lee Mason, was convicted on her guilty plea of aggravated assault, a Class C felony, for which she was sentenced to serve seven years in the Department of Correction as a Range II, multiple offender. The defendant claims on appeal that the trial court erred in denying alternative sentencing. We affirm the trial court's denial of alternative sentencing.

http://www.tba2.org/tba_files/TCCA/2008/masonm_021508.pdf


TODAY'S NEWS

Legal News
Legislative News
Upcoming
TBA Member Services

Legal News
Hamilton judges ask for help curbing school violence
Three Hamilton County General Sessions Court judges today called on County School Supt. Jim Scales and the County School Board to "immediately address the violence occurring in several schools."
Read more in The Chattanoogan.com
Attorney faces contempt of court charge
U.S. District Magistrate Judge Clifford Shirley on Thursday accused prominent Knoxville criminal attorney James A.H. Bell of "misbehavior in my presence," "obstruction of justice," "untrue representations" in court filings and "untrue statements" in court. He has set a March 24 hearing to decide whether Bell should be held in contempt.
Read the story in the Knoxville News Sentinel
Accused killer seeks 9th new lawyer
An accused murder in Johnson City who has already gone through seven lawyers is asking the court to remove the newest counselors assigned to him.
Read more in the Kingsport Times-News
Keep elected posts elected, Shelby residents say
Shelby County residents at a public hearing in Germantown told officials they are against county charter changes that would make the offices of sheriff, register, trustee, assessor and county clerk appointed, rather than elected.
Read more about the hearing in the Collierville Independent
Montgomery County adds Juvenile Court referee
Craig Hargrow has become the first Juvenile Court referee in Montgomery County history, stepping in to help ease the load on the county's three judges. He mostly hears neglect, delinquency and custodial-battle cases.
Read more in the Leaf Chronicle
Exhumation request denied
Knox County Criminal Court Judge Richard Baumgartner today denied one request to exhume the body of former District Attorney General Ed Dossett, and said he will rule later on a second request. The requests come as part of an investigation of Dossett's widow, Raynella Dossett Leath, who is charged with the murder of her second husband.
Read the story in the Knoxville News Sentinel
Legislative News
Track legislation of interest to Tennessee attorneys
The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a postiion on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.
TBA Bill Tracking Service
Briley pleads guilty of charges in crash
State Rep. Rob Briley of Nashville pleaded guilty on Thursday to leaving the scene of an accident and property damage prior to leading authorities on a high-speed chase last September. Briley, who has already been sentenced to 10 days in jail on separate charges of drunken driving, waived his right to a trial by jury in DeKalb County.
Read more in the Knoxville News Sentinel
Upcoming
Judge Dinkins to speak at minority opportunity reception
Tennessee's newest appellate judge, Richard H. Dinkins, will be the featured speaker at a minority opportunity reception on March 6 in Knoxville. The event is jointly sponsored by the University of Tennessee College of Law and the Knoxville Bar Association.
The UT College of Law has more information
TBA Member Services
First Tennessee is TBA's preferred provider
First Tennessee has crafted a package of discounts to meet the specific needs of Tennessee Bar Association members. Find savings on merchant credit services, checking and savings, financial planning and more
on the TBA Web site

 
 
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