Legislative Update: TBA-backed bills advance

Construction Lien Law -- The TBA's bill to make technical corrections to last year's rewrite of the Construction Lien Law (HB3102/SB2950) received final House approval today. The bill has already received Senate approval.

Investment Services Trusts -- Investment Services Trusts, created by statute last year, would be subject to child support, alimony and property division under a TBA sponsored bill (HB2888/SB3882) which cleared the House today. The Senate bill awaits Judiciary Committee action.

Family Law Housekeeping -- The TBA's family law housekeeping bill (HB3044/SB2910) won Senate approval today. An amendment setting a July 1 effective date will need to be approved in the House.

Next Week -- As legislative calendars begin to stack up, some measures that have been languishing finally begin to show up on what are termed "final" calendars. These calendars feature:

-- Exclusionary Rule Reform Act of 2008. The bill (SB 2634/HB 2995) to change evidence law by creating a statutory good faith exception to the exclusionary rule both for searches with a warrant and warrantless searches is set for Senate Judiciary on Tuesday. The TBA has expressed reservations about legislative intervention into evidence matters better left to the courts.

-- Jury Service. The bill (SB3839/HB3638) to revise jury service exemptions and update jury administration drafted by the Judicial Council is also set for consideration in the Senate Judiciary Committee.
TODAY'S OPINIONS
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SPENCER T. EASTING v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Spencer T. Easting, Chattanooga, Tennessee, Pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, Spencer T. Easting, appeals the trial court’'s order dismissing his petition for post-conviction relief. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Tennessee Court of Criminal Appeals Rule 20. The petitioner is barred by the statute of limitations and was properly dismissed. The state's motion is granted and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2008/eastings_041008.pdf


NANCY J. SUMMER v. STANLEY L. SUMMER

Court: TCCA

Attorneys:

Danny C. Garland, Knoxville, Tennessee, for the Appellant, Stanley L. Summer.

Kirk Andrews and Paul Dillard, Maryville, Tennessee, for the Appellee, Nancy J. Summer.

Judge: LEE

The issue in this divorce case is whether the trial court erred in its classification of certain assets as marital property. We affirm the trial court's ruling that (1) the parties' guitar collection, the vast majority of which was acquired during the marriage, was marital property; and (2) the marital residence, purchased by the Husband prior to the marriage, was separate property, but the increase in value of the residence during the approximately fifteen-year marriage was marital property, because of Wife's substantial contributions to the preservation and appreciation of the marital residence by her homemaking efforts.

http://www.tba2.org/tba_files/TCCA/2008/summers_041008.pdf


TODAY'S NEWS

Legal News
Legislative News
Upcoming
Disciplinary Actions
TBA Member Services

Legal News
TBA office off-line today
The TBA experienced technical difficulties today with email and Internet access. We are working to fix the problem, and regret any inconvenience this may have caused our members.

Hooks gets 30 days
Michael Hooks Jr. was sentenced to 30 days in federal prison Wednesday for his role in a bogus-invoice scam in the Shelby County Juvenile Court clerk's office. The case led to the wide-ranging public corruption investigation dubbed Tennessee Waltz that resulted in nearly a dozen elected officials and aides going to prison.
The Commercial Appeal has more
Garvey withdraws from race
Dennis J. Garvey is no longer a candidate for district attorney general of the 21st Judicial District, which includes Williamson, Hickman, Lewis and Perry counties. Garvey, a Fairview resident, said he's withdrawing for "personal reasons."
Read more in the Tennessean
Break in at juvenile court
A rock-tossing bandit broke into the Shelby County Juvenile Court Wednesday night and stole Referee Felicia Hogan's robe and other assorted items.
Read more in the Commercial Appeal
Knox still grapples with open meeting ruling
It's been six months, but some county commissioners still are confused about the Open Meetings Act ruling issued by Chancellor Daryl R. Fansler. Knox County Commissioner Paul Pinkston wants the judge to come before the county commission and explain how the so-called sunshine law ruling applies to the county's body.
The News Sentinel has more
Lincoln County judge to hear Hardin case
A judge from outside Bedford County will hear the case against judicial commissioner Billy Hardin, who is facing charges of official misconduct, sexual battery and soliciting prostitution. According to Assistant District Attorney William Bottoms, the state administrator of courts has asked Judge Andy Myers of Lincoln County to hear the case.
The Shelbyville Times Gazette has the story
Legislative News
Senate rejects Georgia border commission
The Tennessee Senate today agreed with the state House to reject participation in a boundary commission proposed by Georgia lawmakers.
The News Sentinel has more
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
Upcoming
Memphis party kicks off
Law Week
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.
Learn more
Disciplinary Actions
Lawyer suspended after reinstatement
James S. Evans, who last practiced in Knoxville, was reinstated on April 3 after spending 11 years on disability inactive status. Immediately upon reinstatement, his law license was suspended for five years based on charges of illegal drugs and thefts of client monies. The court allowed the suspension to be retroactive to the date he took inactive status, but has required him to prove his fitness at a separate hearing.
Read the BPR's release
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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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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