Memphis party to kick off Law Week activities

Join in the celebration of Law Week with a free kickoff party on April 25 in downtown Memphis. All members of the legal community are invited to the Court Square party, which will run from 5 to 7 p.m. and feature free barbeque, wine, beer, soft drinks and live music. The event is hosted jointly by the Tennessee Bar Association, Memphis Bar Association, Association for Women Attorneys, Ben F. Jones Chapter of the National Bar Association, Memphis/Mid-South Chapter of the Federal Bar Association, Memphis Bar Foundation, Young Lawyers Division of the Memphis Bar Association, Association of Legal Administrators, Greater Memphis Paralegal Alliance and Memphis area court reporters. Download the flyer for more information.

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Court: TCA


Michael J. Stanuszek, Knoxville, Tennessee, for appellant, E.G. Meek, Sr.

Donald K. Vowell, Knoxville, Tennessee, for appellees.


Plaintiffs executed a promissory note and trust deed on their property to a third party who subsequently began foreclosure proceedings on the property. Defendant purchased the note and trust deed from the third party and subsequently began foreclosure proceedings on the property which became the genesis of this action. Plaintiffs asked the Court to enjoin the foreclosure and the foreclosure was stayed by agreement. After prolonged negotiations between the parties, plaintiffs were finally able to sell the property to another third party. Plaintiffs charged defendant with violations of the Tennessee Consumer Protection Act and the Trial Court awarded damages and attorney's fees, finding defendant had violated the Act in his dealings with the plaintiffs. On appeal, we affirm.


Court: TCCA


Daniel D. Warlick, Nashville, Tennessee, for the appellee, Cedric Ruron Saine.

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Shannon Poindexter, Assistant District Attorney General, for the appellant, State of Tennessee.

Judge: WELLS

This is a State appeal from an order dismissing the indictment against the Defendant, Cedric Ruron Saine. The Defendant was indicted for possession with the intent to sell more than 300 grams of cocaine. The issue presented for our review is whether the trial court erred in granting the motion to suppress evidence seized from the Defendant's residence and vehicle or, more specifically, whether the search warrant affidavit contained sufficient facts to establish probable cause that drugs were located inside the Defendant's home and, if not, whether the warrantless search of the Defendant's car was supported by exigent circumstances. After a review of the record and the applicable authorities, we affirm the order of the trial court granting the Defendant's motion to suppress the evidence discovered during the search of his residence, but we reverse the decision to suppress the drugs found during the search of the Defendant's car. We vacate the order dismissing the indictment, and the case is remanded for further proceedings consistent with this opinion.


Court: TCCA


Richard D. Dumas, Jr., Nashville, Tennessee, for the appellant, Michael S. Smith.

Robert E. Cooper, Jr., Attorney General & Reporter; Clarence E. Lutz, Assistant Attorney General; Victor S. Johnson, District Attorney General, and Roger Moore, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Michael S. Smith, appeals the post-conviction court's denial of his petition for postconviction relief in which he claimed that he received ineffective assistance of counsel and that his guilty pleas were unknowingly and involuntarily entered into. Because we determine that Petitioner has failed to demonstrate through clear and convincing evidence that he received ineffective assistance of counsel or that his guilty pleas were unknowingly or involuntarily entered, we affirm the judgment of the post-conviction court.


Court: TCCA


J. Liddell Kirk, Knoxville, Tennessee (on appeal); and Mack Garner, District Public Defender (at trial), for the appellant, Steven Ray Tallent.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Ellen Berez, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Steven Ray Tallent, pleaded guilty to a charge of domestic assault and was sentenced in the Blount County Circuit Court to a sentence of 11 months and 29 days, which was suspended to supervised probation. On May 30, 2007, the court revoked the probation and ordered the defendant to serve 11 months and 29 days in confinement. From that order, the defendant appeals and claims a lack of evidence. Upon review, we affirm the judgment below.

Constitutionality of Exclusions from Uniform Residential Landlord and Tenant Act

TN Attorney General Opinions

Date: 2008-04-03

Opinion Number: 08-80

Constitutionality of Tenn. Code Ann. Section 50-2-103

TN Attorney General Opinions

Date: 2008-04-03

Opinion Number: 08-81

Tenn. Code Ann. Section 37-1-128(e)

TN Attorney General Opinions

Date: 2008-04-03

Opinion Number: 08-82

Prohibition in Tenn. Code Ann. Section 2-12-201

TN Attorney General Opinions

Date: 2008-04-03

Opinion Number: 08-83


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Read the roundup in the Knoxville News Sentinel
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TennBarU CLE
New immigration laws and your clients
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Register or learn more now
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Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
or get an online rate quote

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