Emotionally Intelligent Lawyering and Leadership

In every situation involving "lawyering," attorneys must perceive how others think and feel, know how others want to think and feel, and determine the differences between the current situation and the desired situation. Whether trying to generate trust, fear or something in between, feelings often are a mainstay of the legal profession. Law school, however, rarely trains lawyers to use feelings to create desired changes. Now, Tennessee attorneys have the opportunity to hear from Charles J. Wolfe, an internationally recognized trainer and author in the field of emotional intelligence. This unique CLE, presented in conjunction with the Tennessee Commission on Legal Education, will be held in Nashville on May 21. For more information or to register visit:

https://www.tnbaru.com/CLE/catalog_course_details.php?course=5718

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
01 - TN Court of Appeals
01 - 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.

JOE ALLEN PENNINGTON v. SONYA RENE PENNINGTON

Court: TCA

Attorneys:

Thomas F. Bloom, Nashville, Tennessee, for the appellant, Sonya Rene Pennington.

Mary C. LaGrone, Nashville, Tennessee, for the appellee, Joe Allen Pennington.

Judge: BENNETT

In response to the father's petition for modification of custody and the mother's counterpetition for modification of custody, the trial court found a material change in circumstances and made the father the primary residential parent. On appeal, the mother assigns error to several evidentiary rulings by the trial court, to the trial court's factual findings of abuse, and to the trial court's decision concerning custody. We find that the trial court erred in excluding testimony from the stepfather, the alleged abuser of the child, and reverse and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2008/penningtonj_050908.pdf


PATRICK THURMOND v. HOWARD CARLTON, WARDEN

Court: TCCA

Attorneys:

Patrick Thurmond, Mountain City, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter, and Leslie E. Price, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Patrick Thurmond, appeals from the habeas corpus court's dismissal of his petition. On appeal, he argues that his sentences are illegal because the trial court applied sentencing enhancement factors which were unsupported by the record and imposed consecutive sentencing without making specific findings of fact. Because he did not raise these issues in his petition for habeas corpus relief, he has waived our consideration of them. Furthermore, even if taken as true, his allegations fail to state a cognizable claim for habeas corpus relief. The judgment of the habeas corpus court is affirmed.

http://www.tba2.org/tba_files/TCCA/2008/thurmondp_050908.pdf


TODAY'S NEWS

Legal News
Legislative News
Disciplinary Actions
Upcoming
TBA Member Services

Legal News
Six candidates vie for Appeals Court seat
Spicer, Flynn & Rudstrom attorney Sean Antone Hunt of Germantown has added his name to the final list of those seeking to fill a vacancy on the Court of Appeals, western division. He joins William H. Haltom Jr., William Michael Richards, James Steven Stafford, Todd A. Rose and Nathan B. Pride as candidates. Today was the deadline to submit applications.

Eight line up for Criminal Appeals vacancy
Assistant U.S. Attorney Camille R. McMullen of Millington is seeking to fill the vacant Court of Criminal Appeals seat, western division. She joins Clayburn L. Peeples Jr., Jeff Mueller, Joe H. Walker III, Garland Ingram Erguden, W. Mark Ward, J. Ross Dyer and Roger Amos Page. Today was the deadline to submit applications.

Court turns down suspended attorney's request
Knoxville lawyer Herbert Moncier was turned down twice this week in efforts to have his suspension from federal practice delayed. His request to the U.S. Sixth Circuit Court of Appeals to put the suspension on hold pending an appeal was rejected Tuesday, the same day his attorney petitioned the federal magistrate to allow continued representation of a client. That request was also denied. Moncier has similar requests pending before other judges.
The News Sentinel has the story
Judge wants to review secret torture memo
A federal judge has ordered the government to provide a secret memorandum described by the American Civil Liberties Union as one of the most important documents concerning the treatment of terrorism suspects. According to the ACLU, the Justice Department memo authorized the CIA to use water boarding during interrogations. Judge Alvin Hellerstein wants to review the memo himself. The order marks a change of mind for the judge, who said in January he did not need to review the document.
News Day has this AP report
Justice Birch honored for life's work
Retired Tennessee Supreme Court Chief Justice Adolpho A. Birch Jr. was honored last night for his commitment to promoting justice, inclusion and understanding between races, religions and cultures. CommunityNashville presented him with its special Lifetime Achievement Award for Justice and Human Relations at a ceremony at the Loews Vanderbilt Hotel.
Read about the event from News Channel 5
Legislative News
Bill to elect lt. governor may fall victim to budget, clock
Time is running out on a proposal to popularly elect the state's lieutenant governor. All proposals amending the state constitution have been put on hold because of the cost of placing measures on the ballot. In addition, proposed constitutional amendments must be read on the House floor for three days before being put to a vote, and the House has just three days left in its current session, according to an AP report in the Memphis Daily News.
Read what lawmakers are saying
Disciplinary Actions
Memphis attorney suspended
On May 2, the Supreme Court temporarily suspended Michael Edward Latimore for failing to respond to a complaint of ethical misconduct. The suspension remains in effect until dissolution or modification by the court.
Read the BPR's release
Upcoming
Steelman to address Chattanooga Matters forum
Criminal Court Judge Barry Steelman will speak on Faith in the Judiciary next Thursday at noon as part of the continuing Chattanooga Forum speaker series sponsored by Chattanooga Matters. The event will be held at the V. Frances Meeting Center, 324 McCallie Ave. The free event will run from noon to 1 p.m. For more information or to RSVP call (423) 756-0410 or e-mail info@chattanoogamatters.org

TBA Member Services
Have you activated your FedEx shipping discounts?
TBA members are entitled to discounts on FedEx shipping. Did you know that TBA members are saving an average of $83 per quarter by utilizing their FedEx Association Advantage program discounts? Here's what some members have to say about their FedEx savings:

"Our firm took advantage of the Tennessee Bar Association FedEx discounts and saved over $200 on FedEx Express shipments last quarter alone. It's the best $200 we've ever saved," says member Bill Cameron of Cameron & Young in Cookeville. Start saving on your shipments today! For more information on how to enroll, call 1-800-923-7089 or
visit the TBA Web site

 
 
Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php

Questions, comments: Email us at TBAToday@tnbar.org

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.

© Copyright 2008 Tennessee Bar Association