Bredesen tells judges he expects Tennessee Plan to survive

Tennessee Gov. Phil Bredesen said today that he expects the Tennessee Plan for merit selection and retention elections will be preserved next year. Bredesen spoke to a crowd of about 300 judges, lawmakers and guests at the annual judicial luncheon in Gatlinburg. The luncheon is one of the highlights of the annual joint meeting of the TBA, Tennessee Judicial Conference, TLAW and the Tennessee Association for Justice. Bredesen has appeared at the meeting in each of his six years in office. The governor noted that he has had his differences with the Judicial Selection Commission, but remarked that he felt "the commission did its job particularly well in the recent two appointments."
TODAY'S OPINIONS
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STATE OF TENNESSEE v. PHILLIP BLACKBURN

Court: TCCA

Attorneys:

Andre Wharton, Memphis, Tennessee, for the appellant, Phillip Blackburn.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and David Pritchard, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Phillip Blackburn, was convicted of one count of aggravated robbery and one count of attempted aggravated robbery. The trial court imposed an effective sentence of ten years. In this appeal, the defendant contends that the trial court should have suppressed the pretrial identifications of the defendant as unduly suggestive, raises numerous challenges to the handling of the testimony of co-defendant Danny Green, asserts that he should have been permitted to impeach the testimony of one of the victims by the use of a prior conviction, insists that the evidence was insufficient, in light of the "numerous" errors at trial, to support the convictions, and complains that the trial court erred in the assignment of weight to the established enhancement and mitigating factors. Because the trial court should have granted the defendant's request for a mistrial, the judgments of the trial court are reversed and the case is remanded for a new trial.

http://www.tba2.org/tba_files/TCCA/2008/blackburnp_061108.pdf


STATE OF TENNESSEE v. KENNETH LYLE DAVIS

Court: TCCA

Attorneys:

Kenneth Lyle Davis, Tiptonville, Tennessee, Pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Finley, Assistant Attorney General; James G. Woodall, District Attorney General; and Anna Banks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Kenneth Lyle Davis, appeals the Madison County Circuit Courts order revoking his probation and reinstating his original two-year sentence. Based upon the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/davisk_061108.pdf


TODAY'S NEWS

Legal News
TBA Member Services

Legal News
Selection Commission to meet for Supreme Court seat
The Judicial Selection Commission will meet on Aug. 18 in Nashville to begin the process of filling the vacancy on the Supreme Court created by the retirement of Chief Justice William M. Barker. Applicants must reside in either the eastern or western grand divisions. Applications are due by Friday, June 20.
Find out how to apply from the Adminstrative Office of the Courts
Ohio judge stops 3-drug cocktail to execute
A state court judge in Ohio has ruled that the three-drug cocktail for executing should not be used. Judge James M. Burge instead ordered the state to start using a single large dose of barbiturate, common in animal euthanasia. The decision is an exception to recent judicial trends in the wake of the United States Supreme Courtís decision in April in Baze v. Rees, which upheld Kentuckyís lethal injection protocol, similar to the one used in Ohio.
The New York Times reports
Smith named managing partner of legal services firm
The Legal Aid Society of Middle Tennessee and the Cumberlands has named Lucinda Smith as managing attorney of its Nashville office, the Nashville Post reports. Smith will hold the post while continuing to serve as director of the Nashville Pro Bono Program, which she took over in 2003 after practicing law with the firm of Dodson, Parker, Dinkins & Behm. She is a graduate of Vanderbilt University School of Law, where she is also an adjunct professor teaching family law.

Women in law see positive trends in Memphis, author says
Memphis lawyer Liz Landrigan Keough talks about the challenges women face balancing legal careers with lives outside of work in a Memphis Daily News interview. A director and shareholder at Martin, Tate, Morrow & Marston, Keough wrote about the topic in a recent Memphis Lawyer magazine article.
Read more in the Memphis Daily News
14 percent tuition hike proposed for law school
Tuition at the University of Memphis Cecil C. Humphreys School of Law will increase by 14 percent, if a recommendation from the Business and Finance Committee of the Tennessee Board of Regents is approved, the Memphis Business Journal reports. The full board will take action on the committee's recommendations at its June 26 meeting.

Judges talks about historic Chattanoga case
Circuit Court Judge Neil Thomas talks to the Chattanooga Downtown Kiwanis Club about the "lack of justice" in the 1906 Chattanooga rape case that resulted in the hanging of a man off the Walnut Street Bridge by a lynch mob.
Read more Thomas' presentation in the Chattanoogan.com
Stanford Law to drop letter grades
Stanford has become the third elite law school to drop letter grades joining Yale and the University of California, Berkeley Under the new system Stanford students will receive grades of honors, pass, restricted credit and no credit.
ABAJournal.com connects you to more
TBA Member Services
Guide to pro bono assistance
The TBA YLD has released a new resource to help volunteer attorneys provide meaningful legal services to victims of natural disasters. The 83-page document addresses a wide range of legal and social service issues disaster victims most frequently face. And unlike other resources that have been used in the past, this manual is Tennessee specific.
Download a copy today

 
 
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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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