Barker receives Drowota award for judicial service

Tennessee Supreme Court Chief Justice Mickey Barker was awarded the Frank F. Drowota III Outstanding Judicial Service Award during today's Bench Bar Luncheon at the TBA Annual Convention in Gatlinburg. The award was established by the TBA in 2005 to honor and exemplify the extraordinary dedication to public service by former Chief Justice Drowota. Barker, who has served 25 years on the bench, will retire on Sept. 1. The award presentation followed a keynote address from Northeastern University School of Law professor David Hall.
TODAY'S OPINIONS
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STATE OF TENNESSEE EX REL. HARRIETT TURNER v. NAPOLEON BRYANT

Court: TCA

Attorneys:

Andrew J. Bernstein, Memphis, Tennessee, for the appellant, Napoleon Bryant.

Robert E. Cooper, Jr., Attorney General and Reporter, and Warren Jasper, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee ex rel. Harriett Turner.

Judge: KIRBY

This appeal arises out of a petition for civil contempt based on the failure to pay child support. The state, on behalf of the obligee mother, filed this petition for contempt against the obligor father for failure to pay child support. After a hearing, the juvenile court determined that the father was willfully underemployed and in contempt of court. The father filed a petition for a rehearing under the local rules of the juvenile court, seeking to introduce additional evidence on the issue of willful underemployment. The juvenile court treated the fatherís petition as a motion to alter or amend under the Tennessee Rules of Civil Procedure and found that the father was not entitled to such relief. The father appeals, arguing that he should have been permitted to introduce additional evidence under the applicable juvenile court local rules, and that the juvenile court erred in finding him in contempt. We conclude that the trial court appropriately considered the fatherís petition as a motion to alter or amend under the Tennessee Rules of Civil Procedure, and that the trial court did not abuse its discretion in the denial of the fatherís petition, and therefore affirm.

http://www.tba2.org/tba_files/TCA/2008/turnerh_061208.pdf


STATE OF TENNESSEE v. LARRY CARTER

Court: TCCA

Attorneys:

Tony N. Brayton, Assistant Public Defender, Memphis, Tennessee, for the appellant, Larry Carter.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; and Damon Griffin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: BRAYTON

The Defendant, Larry Carter, was convicted of burglary, a Class D felony, and sentenced to serve twelve years in the Department of Correction as a career offender. On appeal, he argues that the evidence presented at his jury trial was insufficient to support his conviction. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/carterl_061208.pdf


STATE OF TENNESSEE v. NICK DEFILLIPIS

Court: TCCA

Attorneys:

Worrick G. Robinson, III (at trial) and Mark C. Scruggs (on appeal), Nashville, Tennessee, for the Appellant, Nick Defillipis.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Rachel West Harmon, Assistant Attorney General; Ronald L. Davis, District Attorney General; Mary Katherine White, Assistant District Attorney General, for the Appellee, the State ofTennessee.

Judge: WEDEMEYER

The Defendant, Nick Defilippis, pled guilty to reckless endangerment, and the trial court granted him judicial diversion and sentenced him to probation for eleven months and twenty-nine days. During that time period, the Defendant tested positive for cocaine. The trial court found that he violated his probation, and it subsequently revoked his probation and sentenced him to six months of incarceration. The Defendant appeals, claiming: (1) the trial court lacked subject matter jurisdiction with regard to a probation revocation warrant it issued; (2) the trial court denied him due process because he lacked notice of his probation terms; (3) the State presented insufficient proof that he violated his probation; and (4) the trial court erroneously sentenced him. After a thorough review of the facts in the record and the applicable law, we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2008/defilippisn_061208.pdf


TODAY'S NEWS

Legal News
Practice Management
Passages
TBA Member Services

Legal News
Stafford, McMullen take oath of office
Steve Stafford of Dyersburg and Camille R. McMullen of Millington were sworn in to their respective seats on the Tennessee Court of Appeals and Criminal Appeals this afternoon by Tennessee Supreme Court Chief Justice Mickey Barker. The ceremonies took place in Gatlinburg as part of the Tennessee Judicial Conference's annual meeting. Stafford fills the vacancy created by the death of Judge W. Frank Crawford, while McMullen takes the seat left vacant by Judge David G. Hayes' retirement.

Bar internship introduces students to the law
Some 100 teenagers are participating in the Memphis Bar Association's Summer Law Intern Program, which was launched a year ago to increase minority students' interest in exploring careers in the law. Watch the coverage on WMC-TV.
Or learn more in the Memphis Daily News
Government tries to revive Web porn law
Government lawyers this week sought to reinstate a 1998 law designed to keep online pornography from children. Last year, a lower court ruled it was an unconstitutional infringement on the First Amendment. Opponents of the law say it is outdated and blocks too much legal speech. The three-judge panel hearing the case also raised the issue of effectiveness given that most pornography is posted by sources overseas.
Read more from the AP
Pro se takes a lot of grit
The Memphis Commercial Appeal looks at one man's experience representing himself in a case against his former employer. The bottom line: self-representation takes a little money and a lot of determination.
Read about it
New MBA Access to Justice chair profiled
The Memphis Daily News recently interviewed Lisa Kelly, a sole practioner in Memphis who will take over as chair of the Memphis Bar Association's Access to Justice Committee in the fall. She has a vision for reaching out to small-town community bars to help them develop pro bono programs.
Read more about her
Practice Management
College coaching is latest firm benefit
Several large law firms are offering coaching to help lawyers and staffers whose children are going through the college admissions process. The idea is catching on at larger law firms, who say cutting-edge benefits are a key retention tool and that college-admissions consulting helps a different segment of their employee population from those likely to use other key benefits such as on-site childcare or nursing-home insurance.
The National Law Journal looks at the trend
Passages
Former congressman Kuykendall dies
Former Memphis congressman Dan Kuykendall, who left office in 1975 after his narrow defeat to Harold Ford Sr., died early today at Wesley Highland Manor after a long illness. He was 83. Kuykendall was a staunch Republican who helped build the party's base in Memphis and across the state at a time when Democrats controlled most elected offices in Tennessee.
The Commercial Appeal has more
TBA Member Services
Avis benefits 'try harder'
TBA members are offered a rental car discount through Avis. Enroll in the Avis Preferred Service at www.avisawards.com to bypass the rental counter and go directly to your car for a faster, easier rental experience. Enter code AWD# A570100.


 
 
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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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