Lawyers protest again in Pakistan

For a while, it looked like a coalition of newly elected leaders of Pakistan's parliament would restore to office this spring dozens of appellate judges removed from the bench late last year after the country's president, Pervez Musharraf, imposed emergency rule Nov. 3. But disagreement among political factions has led to an impasse on exactly how this goal should be accomplished. Now the country's lawyers, once again, are demonstrating throughout the country in protest of Musharraf and in support of reinstating some 60 appellate judges and the rule of law. This time, their "Long March" will take them across Pakistan, from Sukkur to Multan to Lahore to Islamabad, where they are expected to arrive later this week, the BBC reported.
ABAJournal.com brings you the story
TODAY'S OPINIONS
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02 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
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STATE OF TENNESSEE v. CARRI CHANDLER LANE
CORRECTION


Court: TSC

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Glen Baity, Assistant District Attorney General, for the appellant, State of Tennessee.

Mark S. McDaniel, Memphis, Tennessee, for the appellee, Carri Chandler Lane.

Judge: BARKER

The defendant pled guilty to two counts of theft in excess of $60,000 after embezzling over $630,000 from her employer. The trial court imposed a sentence requiring a term of confinement and probation. As a condition of her probation, the trial court ordered the defendant to make monthly restitution payments of approximately $1,500 to her former employer upon her release from confinement. After her release, the defendant petitioned the trial court to modify the conditions of her probation by reducing her monthly restitution payments to $500 per month. The trial court denied her motion to modify, and the defendant appealed. The Court of Criminal Appeals held that the defendant could not appeal as of right the trial court's decision to deny her motion to modify under Tennessee's rules of appellate procedure. Nevertheless, a majority of the intermediate appellate court reviewed the defendant's challenge as a petition for a common-law writ of certiorari and concluded that the trial court's decision constituted a "plain and palpable abuse of discretion." The State appealed. Upon review, we hold that the defendant does not have an appeal as of right to challenge the trial court's denial of her motion to modify. Furthermore, we conclude that the intermediate appellate court erred in granting the defendant a common-law writ of certiorari and in finding that the trial court's decision was erroneous. Accordingly, we reverse the Court of Criminal Appeals and remand with instructions that the trial court's order be reinstated.

http://www.tba2.org/tba_files/TSC/2008/lanec_CORR_061008.pdf


DUELL WAYNE WEST v. VOUGHT AIRCRAFT INDUSTRIES, INC. ET AL. AND TERRY THOMPSON v. PETERBILT MOTOR COMPANY AND/OR PACCAR, INC.

Court: TSC

Attorneys:

James Nicholas Harris and Larry Rocky McElhaney, II, Nashville, Tennessee, for the appellant, Terry Thompson.

Aaron Scott Guin and Frederick Hodge, Nashville, Tennessee, for the appellant, Vought Aircraft Industries, Inc.

Debbie C. Holliman and E. Guy Holliman, Carthage, Tennessee, for the appellee, Duell Wayne West.

Heather Elizabeth Hardt and Terry Lee Hill, Nashville, Tennessee, for the appellee, Peterbilt Motor Company and/or PACCAR Inc.

Janis Olivia Mize and Juan G. Villasenor, Nashville, Tennessee, for the defendant, Tennessee Department of Labor/Second Injury Fund.

Judge: HOLDER

We granted review of these workers' compensation cases to decide when a case becomes "pending" for purposes of the prior suit pending doctrine. We conclude that a lawsuit becomes "pending" when the complaint is filed. Although the filing of the complaint initiates the pendency of the case, a subsequent case will be subject to dismissal under the prior suit pending doctrine only if the court in the prior case has acquired personal jurisdiction over the parties. Accordingly, the lawsuit filed by the employer in West v. Vought Aircraft Industries, Inc. was entitled to priority, and the employee's lawsuit is remanded to the trial court for dismissal. The employee's lawsuit in Thompson v. Peterbilt Motor Co. has been rendered moot and is dismissed.

http://www.tba2.org/tba_files/TSC/2008/thompsonw_061008.pdf


JESSE RAYMOND PROCTOR, ET AL. v. CHATTANOOGA ORTHOPAEDIC GROUP, P.C., ET AL.

Court: TCA

Attorneys:

Sam Jones, Chattanooga, Tennessee for the Appellants, Jesse Raymond Proctor, et ux., Janie Kay Proctor.

Arthur P. Brock and Timothy J. Millirons, Chattanooga, Tennessee for the Appellees, Chattanooga Orthopaedic Group, P.C. and Center for Sports Medicine & Orthopaedics, LLC.

Judge: SWINEY

Jesse Raymond Proctor and Janie Kay Proctor ("Plaintiffs"), husband and wife, sued Chattanooga Orthopaedic Group, P.C. and Center for Sports Medicine & Orthopaedics, LLC ("Defendants") alleging violations of the Tennessee Consumer Protection Act of 1977, Tenn. Code Ann. Section 47-18-101 et seq., concerning certain business practices of Defendants related to surgery performed on Mr. Proctor. Defendants filed a motion to dismiss. After a hearing, the Trial Court entered an order finding and holding, inter alia, that the gravamen of Plaintiffs' claim sounded in alleged deceptive business practices under the Tennessee Consumer Protection Act of 1977; that the complaint was dismissed for failure to state a claim upon which relief could be granted; that Defendants' affirmative defenses contending that Plaintiffs’ claims sound in medical malpractice should be denied; and that Plaintiffs were barred from amending their pleadings to raise medical malpractice claims. Plaintiffs appeal to this Court. We reverse and hold that the Tennessee Consumer Protection Act of 1977 can apply to the entrepreneurial, commercial, or business aspects of a medical practice, and since Plaintiffs' complaint sounds in alleged deceptive business practices under the Tennessee Consumer Protection Act of 1977, Plaintiffs have stated a claim upon which relief could be granted.

http://www.tba2.org/tba_files/TCA/2008/proctorjr_061008.pdf


STATE OF TENNESSEE v. NATHAN JACK CHILDRESS

Court: TCCA

Attorneys:

Hershell D. Koger, Pulaski, Tennessee, for the appellant, Nathan Jack Childress.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; Charles F. Crawford, Jr., District Attorney General; and Hollyn L. Hewgley and Brooke C. Grubb, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Nathan Jack Childress, was convicted of theft over $1,000, a Class D felony, after taking a dump truck from a construction site during his escape from police custody. He was sentenced to twelve years as a Range III, career offender for this offense. Additionally, he pled guilty to a charge of escape and was sentenced to six years for that offense, with the sentences to run consecutively to one another and to his unfulfilled sentences for a total effective sentence of eighteen years in the Tennessee Department of Correction. On appeal, he contends that the evidence was insufficient to support the verdict. After careful review, we affirm the judgment from the trial court.

http://www.tba2.org/tba_files/TCCA/2008/childressnj_061008.pdf


STATE OF TENNESSEE v. MICHAEL LEE DAVENPORT

Court: TCCA

Attorneys:

Paul Walwyn (at trial), Madison, Tennessee, and Nathan Moore (on appeal), Nashville, Tennessee, for the Appellant, Michael Lee Davenport.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Clarence E. Lutz, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Brett T. Gunn and Bernard F. McEvoy, Assistant District Attorneys General, for the Appellee, the State of Tennessee.

Judge: WEDEMEYER

A Davidson County jury convicted the Defendant, Michael Lee Davenport, of aggravated sexual battery, and the trial court sentenced him to eleven years in prison. On appeal, the Defendant alleges the following errors: (1) the trial court erred by preventing him from introducing extrinsic evidence about an alternate source of the victim's sexual knowledge; (2) the trial court erred by not granting his motion for judgment of acquittal; and (3) the trial court erred when sentencing him. After a thorough review of the record and applicable law, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/davenportm_061008.pdf


STATE OF TENNESSEE v. QUINCY DEANGELO GARDNER

Court: TCCA

Attorneys:

David A. Collins, Nashville, Tennessee, for the appellant, Quincy DeAngelo Gardner.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bret Gunn, Assistant District Attorney General; for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Quincy DeAngelo Gardner, was convicted of first degree felony murder and sentenced to life imprisonment. On appeal, the single issue presented for our review is whether the evidence was sufficient to support his conviction. He argues that the proof was insufficient to overcome his claims of self-defense and intoxication at the time of the murder. After a review of the evidence in the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/gardnerq_061008.pdf


STATE OF TENNESSEE v. NORMAN ROBINSON

Court: TCCA

Attorneys:

Derrick Scretchen, Nashville, Tennessee, for the appellant, Norman Robinson.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and J.W. Hupp, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Norman Robinson, was convicted of aggravated sexual battery, a Class B felony. He was sentenced to eight years in the Department of Correction. He now appeals two issues: (1) the sufficiency of the evidence establishing the victim’s age at the time of the offense; and (2) whether the trial court improperly questioned the victim. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/robinsonn_061008.pdf


STATE OF TENNESSEE v. JULIO VILLASANA

Court: TCCA

Attorneys:

Emma Rae Tennent, Assistant Public Defender, Nashville, Tennessee, for the appellant, Julio Villasana.

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

Judge: WELLES

The Defendant, Julio Villasana, pled guilty to one count of aggravated vehicular homicide, a Class A felony, and to one count of leaving the scene of an accident involving death, a Class E felony. He was sentenced as a Range I, standard offender to twenty-five years for the former and to two years for the latter. The sentences were ordered to be served concurrently. On appeal, he argues that the trial court erred by imposing the maximum sentence for the Class A felony. We affirm the sentences ordered by the trial court.

http://www.tba2.org/tba_files/TCCA/2008/villasanaj_061008.pdf


Pay Plans for Principals and Teachers

TN Attorney General Opinions

Date: 2008-06-10

Opinion Number: 08-116

http://www.tba2.org/tba_files/AG/2008/ag_08_116.pdf

TODAY'S NEWS

Legal News
Disciplinary Actions
Your Practice
Passages
TBA Member Services

Legal News
Victim-witness coordinators help make system work
Victim-witness coordinators in Montgomery and Robertson counties play an important role in the justice system. "Our jobs are about the people whose lives have been turned upside-down by crime," victim-witness coordinator Donita Cavallero said. "(We're) helping guide family members through something they have never been in before. My job is to guide them through that system."
Find out more about them from the Leaf-Chronicle
Murder cases take a long time to wrap up: Why?
WATE-TV questions the length of time it takes to get a criminal case to trial in Knox County and asks, "why is justice being delayed up to six years when it comes to murder?"
Hear the reasons from both sides
AOC looks into Meares, Hatcher dispute
The Tennessee Administrative Office of the Courts is trying to get to the bottom of some squabbling in the Blount County Circuit Court. The AOC has identified three main reasons for discrepancies in a number of cases that Judge Mike Meares claims the Circuit Court's Clerk Office should have reported as being disposed of. Meanwhile, Circuit Court Clerk Tom Hatcher is alleging that Meares has political motives for holding hearings on the matter.
Read more from The Daily Times
Suspended lawyer tries anyway
An Arkansas attorney facing disbarment proceedings in his home state told U.S. District Magistrate Judge Clifford Shirley that his suspension was "just about over." Shirley had pointed out that his license was suspended when the lawyer tried to represent a Blount County couple accused of tax evasion.
The News Sentinel has the story
Disciplinary Actions
Memphis lawyer disbarred
On June 6, Thomas Keith McAlexander was disbarred for falsely representing that he had authority to settle a hospital negligence claim. The court also found that he made continuous misrepresentations over the course of two years that the settlement was approved and that the plaintiff would receive a monetary settlement.
Read the BPR notice
Two Memphis attorneys reinstated
Warner Hodges III was reinstated to the practice of law on June 6. Hodges was suspended in February 2007 for practicing law while suspended and failing to comply with the terms and conditions of his monitoring agreement. In reinstating him, the court required that he continue compliance with the remainder of his monitoring/advocacy agreement and continue his involvement with the Georgia Lawyer's Assistance Program. Read the BPR notice on Hodges. The court also reinstated Memphis lawyer Don G. Owens III on June 6 after he paid all delinquent BPR fees and penalties.
View all attorneys suspended thus far in 2008 for fee violations
Your Practice
Social networking site good marketing tool to consider
As a marketing technique, you might consider joining a social networking site. They may seem like glorified phone directories to you, but unlike their forebearers, these directories give you far more control, helping you tailor your listing and manage your network in ways no traditional directory ever could.
Law.com tells you more
Passages
Union City attorney Glasgow dies
James M. Glasgow Sr., 88, of Union City died yesterday. Services will be 11 a.m. Wednesday at White-Ranson Funeral Home. Burial will follow in East View Cemetery. Friends may call at the funeral home 5-8 p.m. today. Glasgow earned his law degree from the University of Tennessee in 1948, and later represented the State of Tennessee before the U.S. Supreme Court in the landmark case Baker vs. Carr, which established the principle of one man, one vote. He was a former member of the Tennessee Bar Association Board of Governors.
Read more about him from White-Ranson Funeral Home
TBA Member Services
Health savings accounts now available
The TBA has partnered with First Horizon Msaver Inc. to offer Health Savings Accounts (HSAs) and HSA-qualified health plans for individuals and groups to members. HSAs are tax-advantaged accounts that let you set aside money to pay for current and future medical expenses. For more information, or to obtain an instant quote for an HSA-qualified health plan, call the TBA's dedicated toll-free customer care line at (866) 257-2659 or visit the TBA member 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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