Renew your TBA membership to ensure benefits continue

Renew your membership in the Tennessee Bar Association now to ensure you continue receiving benefits such as TBA Today, unlimited online legal research through Fastcase and more. The TBA's current membership year ends June 30, so act soon! To renew online go to the TBA's Membership Central.
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
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
15 - 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.

LACAY CREW V. FIRST SOURCE FURNITURE GROUP d/b/a ANDERSON HICKEY COMPANY
CORRECTION


Court: TWCA

Attorneys:

S. Newton Anderson and Gayle B. Lakey, Memphis, Tennessee, for the appellant, First Source Furniture Group d/b/a Anderson Hickey Company.

Steven C. Grubb, Memphis, Tennessee, for the appellee, Lacay Crew.

Judge: WADE

In 2004, the plaintiff, Lacay Crew, filed a workers' compensation claim alleging injuries to her left and right hands, wrists, and arms, while in the course and scope of her employment. In response, the defendant, First Source Furniture Group, d/b/a Anderson Hickey Company, denied the claim on issues of causation. The trial court found that Crew sustained a compensable, gradual injury to both upper extremities and awarded a permanent partial vocational disability of 25 percent to each upper extremity equating to a judgment award of $25,479.00. Discretionary costs in the amount of $150.00 were awarded for reimbursement to Crew for a doctor's completion of a Tennessee Department of Labor Form C-32 on Crew's behalf. The Special Workers' Compensation Appeals Panel found that there was insufficient evidence of causation and dismissed the case. We affirm the decision of the Appeals Panel.

http://www.tba2.org/tba_files/TSC_WCP/2008/crewl_CORR_062508.pdf


ARISTA RECORDS, LLC as the successor to ARISTA RECORDS, INC. v. LOREN L. CHUMLEY, COMMISSIONER OF REVENUE FOR THE STATE OF TENNESSEE

Court: TCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter and Mary Ellen Knack, Senior Counsel, for the appellant, Loren. L. Chumley, in her capacity as commissioner of Revenue for the State of Tennessee.

Patricia Head Moskal and Joseph W. Gibbs, Nashville, Tennessee and Martin I. Eisenstein, Appearing Pro Hac Vice, Lewiston, ME, for the appellee, Arista Records, LLC.

Judge: FARMER

This interlocutory appeal arises from Plaintiff/Taxpayer's action against the Commissioner of Revenue under Tennessee Code Annotated section 67-1-1802 for a refund of taxes. The trial court granted Plaintiff's motion to compel documents sought by Plaintiff in response to the Commissioner's motion to dismiss based on the statutory limitations period prescribed in section 67-1-1802. We reverse.

http://www.tba2.org/tba_files/TCA/2008/aristarecords_062508.pdf


LOUIS ERNEST CUNNINGHAM v. CHERYL LYNNE CHEATHAM CUNNINGHAM

Court: TCA

Attorneys:

Rachel Emily Putnam, Kay Farese Turner, Memphis, Tennessee and Jerry Charles Cox, Jackson, Tennessee, for the appellant, Louis Ernest Cunningham.

C. Timothy Crocker, Michael A. Carter and Daniel E. King, Milan, Tennessee, for the appellee, Cheryl Lynne Cheatham Cunningham.

Judge: FARMER

In this domestic dispute, Father appeals contending that the trial court erred in its retroactive treatment of child support and rehabilitative alimony, the assessment of interest, the accounting of payments made by Father to Mother, denying Father's requested modification of his child support and alimony obligation, denying his requested modification of the parenting schedule and awarding attorney's fees to Mother. We affirm in part and reverse in part and remand the case to the trial court for recalculation of the statutory interest and arrearages and a redetermination of whether the facts in the case support an upward deviation from the Child Support Guidelines.

http://www.tba2.org/tba_files/TCA/2008/cunninghaml_062508.pdf


IN RE ESTATE OF CECILE A. TROUTMAN

Court: TCA

Attorneys:

Albert L. Watson, III, Chattanooga, Tennessee, for the Appellant, Carol Ray.

R. Dee Hobbs, Chattanooga, Tennessee, for the Appellee, Diane Francisco.

Judge: LEE

In this will contest case, the trial court granted the proponent's motion for summary judgment and upheld the validity of the will. We find no genuine issue of material fact regarding Decedent's mental capacity at the time of executing the will and undue influence. Therefore, we affirm the grant of summary judgment by the trial court.

http://www.tba2.org/tba_files/TCA/2008/troutmanc_062508.pdf


MARK ARMSTRONG v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Gerald L. Melton, District Public Defender, for the appellant, Mark Armstrong.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Senior Counsel; William C. Whitesell, Jr., District Attorney General; and Laural A. Nutt, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, who is serving a twenty-year sentence for aggravated rape, filed the present post- conviction action alleging he did not receive the effective assistance of counsel at trial. The trial court conducted a hearing and denied his claim, and he appealed. Upon review, we hold that the trial court did not err in denying relief, and we affirm its judgment.

http://www.tba2.org/tba_files/TCCA/2008/armstrongm_062508.pdf


STATE OF TENNESSEE v. RICHARD EDMUND BINNEY

Court: TCCA

Attorneys:

Howard L. Upchurch, Pikeville, Tennessee, for the Appellant, Richard Edmund Binney.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Sophia S. Lee, Assistant Attorney General; J. Michael Taylor, District Attorney General; Steven H. Strain, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant pled guilty to driving after being declared a motor vehicle habitual offender ("MVHO") and to his fourth driving under the influence ("DUI") offense. The trial court sentenced him to an effective sentence of four years. On appeal, the Defendant claims: (1) the trial court erred when it did not grant him alternative sentencing; and (2) the trial court erred by ordering consecutive sentences. After a thorough review of the record and the applicable law, we affirm the trial court's judgments.

http://www.tba2.org/tba_files/TCCA/2008/binneyr_062508.pdf


TYRONE CHALMERS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Donald E. Dawson and Catherine Y. Brockenborough, Nashville, Tennessee, for the appellant, Tyrone Chalmers.

Robert E. Cooper, Jr., Attorney General & Reporter; Michael Moore, Solicitor General; Mark E. Davidson, Assistant Attorney General; William L. Gibbons, District Attorney General; and John Campbell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

Capital Petitioner Tyrone Chalmers appeals as of right the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. In 1997, the petitioner was convicted of one count of first degree felony murder and one count of especially aggravated robbery. The jury sentenced him to death after finding that the evidence of an aggravating circumstance, that the defendant was previously convicted of one or more felonies other than the present charge, whose statutory elements involve the use of violence to the person, see Tenn. Code Ann. section 39-13-204(i)(2), outweighed evidence of mitigating circumstances beyond a reasonable doubt. The trial judge imposed a sentence of twenty years for the especially aggravated robbery conviction, to run concurrently with the death sentence but consecutively to sentences previously imposed in another case. See State v. Chalmers, 28 S.W.3d 913, 915 (Tenn. 2000). On April 19, 2001, the petitioner filed a pro se petition for post-conviction relief. An amended petition was filed on September 22, 2003. An evidentiary hearing was conducted in August 2005. On January 24, 2006, the trial court entered an order denying post-conviction relief. On appeal to this court, the petitioner presents a number of claims that can be characterized in the following broad categories: (1) the ineffective assistance of counsel and (2) the constitutionality of the imposition of a sentence of death. Following a thorough and exhaustive review of the record and the applicable law, we affirm the judgment of the post- conviction court.

http://www.tba2.org/tba_files/TCCA/2008/chalmerst_062508.pdf


DAVID LEE COOK v. GLEN TURNER, WARDEN (STATE OF TENNESSEE)

Court: TCCA

Attorneys:

David Lee Cook, Pro Se, Whiteville, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; D. Michael Dunavant, District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, David Lee Cook, appeals the circuit court's order summarily dismissing his pro se petition for writ of habeas corpus. Following our review of the record and applicable law, we affirm the circuit court's order.

http://www.tba2.org/tba_files/TCCA/2008/cookd_062508.pdf


WAYFORD DEMONBREUN, JR. v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Theodora A. Pappas, Nashville, Tennessee, for the Appellant, Wayford Demonbreun, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Bret Gunn, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

In 1997, a Davidson County jury convicted the Petitioner, Wayford Demonbreun, Jr., of one count of second degree murder and one count of aggravated assault, and the trial court sentenced him to an effective sentence of twenty-five years in prison. The Petitioner filed a petition for habeas corpus relief, his third such petition, alleging that his conviction is void because: (1) the trial court never conducted a hearing on his motion for new trial and, therefore, never performed his duty as a thirteenth juror; and (2) the trial court lacked statutory authority to render a valid judgment pursuant to Tennessee Code Annotated section 17-1-305. The habeas court denied the petition. On appeal, the Petitioner contends that the habeas court erred. Finding no error, we affirm the judgment of the habeas court.

http://www.tba2.org/tba_files/TCCA/2008/demonbruenw_062508.pdf


STATE OF TENNESSEE v. JAMELLE M. FELTS

Court: TCCA

Attorneys:

Mattie Bhela, Springfield, Tennessee (at trial), and James O. Martin, Nashville, Tennessee (on appeal), for the appellant, Jamelle M. Felts.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; and Jason White, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

A Robertson County Circuit Court jury convicted the defendant, Jamelle M. Felts, of one count of reckless endangerment and one count of especially aggravated kidnapping. The trial court imposed an effective sentence of 15 years to be served at 100 percent. See T.C.A. section 40-35-501(i)(2)(C) (2006) (setting 100 percent release eligibility for especially aggravated kidnapping). In this appeal, the defendant contends that the evidence is insufficient to support his conviction for aggravated kidnapping and that the trial court erred by defining certain terms in answer to a question posed by the jury. Discerning no error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/feltsj_062508.pdf


STATE OF TENNESSEE v. ALONZO FISHBACK a/k/a LORANZO WILHOITE

Court: TCCA

Attorneys:

Barry R. Tidwell, Murfreesboro, Tennessee, for Appellant, Alonzo Fishback.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Alonzo Fishback, also known as Loranzo Wilhoite, was convicted by a Rutherford County jury of especially aggravated kidnapping, aggravated assault, and possession of a weapon during the commission of a felony. The trial court sentenced Appellant to sixty years for the especially aggravated kidnapping conviction, fifteen years for the aggravated assault conviction, and two years for possession of a weapon during the commission of a felony conviction. The trial court ordered the sentences for especially aggravated kidnapping and aggravated assault to run consecutively to each other. The trial court ordered the sentence for the weapons charge to run concurrently, for a total effective sentence of seventy-five years. The trial court also ordered the especially aggravated kidnapping charge to run consecutively to "any offense on parole." Appellant filed a motion for new trial in which he argued that his convictions for especially aggravated kidnapping and aggravated assault violated State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). The trial court denied the motion. We conclude that the confinement of the victim was (1) beyond that necessary to consummate the assault and the additional confinement of the victim: (2) prevented the victim from summoning help; and (3) lessened Appellant's risk of detection. Consequently, the judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2008/fishbacka_062508.pdf


STATE OF TENNESSEE v. JULIUS CAMERON HILL

Court: TCCA

Attorneys:

Donna Orr Hargrove, District Public Defender; Michael J. Collins, Assistant District Public Defender, for the appellant, Julius Cameron Hill.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; W. Michael McCown, District Attorney General; Michael D. Randles and Ann L. Filer, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: THOMAS

Following a July 2006 jury trial, the defendant, Julius Hill, was convicted of one count of possession of 0.5 gram or more of cocaine with intent to sell, a Class B felony, one count of possession of 0.5 gram or more of cocaine with intent to deliver, a Class B felony, and two counts of simple possession of a controlled substance, a Class A misdemeanor. The trial court merged the two felony convictions and sentenced the defendant as a Range I, standard offender, to twelve years in the Department of Correction on the felony conviction and eleven months, twenty-nine days on each misdemeanor conviction, with all sentences to be served concurrently. On appeal, the defendant contends that the evidence produced at trial was insufficient to convict him of the felony counts and that the trial court imposed an excessive sentence. After reviewing the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/hillj_062508.pdf


STATE OF TENNESSEE v. DARYL S. HOOPER & SHAWN A. STUMP

Court: TCCA

Attorneys:

Michael J. Flanagan, Nashville, Tennessee (on appeal); Lee Ofman, Franklin, Tennessee (at trial), for appellant Daryl S. Hooper.

William B. "Jake" Lockert, III, District Public Defender; Haylee Bradley-Maples, Assistant District Public Defender (on appeal); Lee Ofman, Franklin, Tennessee (at trial), for appellant Shawn A. Stump.

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; Lisa Donegan, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

In August 2006, after a joint trial, a Humphreys County jury convicted defendant Daryl Hooper of one count of kidnapping, a Class C felony, one count of facilitation of aggravated burglary, a Class D felony, and one count of theft of property less than $500, a Class A misdemeanor. The jury convicted defendant Shawn Stump of one count of kidnapping, one count of facilitation of aggravated burglary, and one count of assault, a Class A misdemeanor. The trial court sentenced Hooper to eight years in the Department of Correction as a Range II, multiple offender, and Stump was sentenced to a term of four years as a Range I, standard offender. On appeal, both defendants seek relief on the same five grounds: (1) the evidence produced at trial was insufficient to support their convictions; (2) the trial court erred in instructing the jury that Hooper was not a legal surety; (3) the trial court erred in instructing the jury on the definition of "knowingly"; (4) the trial court erred in instructing the jury on the definition of "recklessly"; and (5) the trial court erred by imposing excessive sentences and denying alternative sentencing. After reviewing the record, we conclude that the trial court erred in giving an improper jury instruction as to Hooper's status as a legal surety, and that the court erred in giving an improper definition of "knowing" during jury instructions. We further conclude that these errors were reversible errors as to the defendants' convictions for kidnapping and facilitation of aggravated burglary but harmless as to Hooper's theft conviction and Stump's assault conviction. Accordingly, the judgments of the trial court are affirmed in part and reversed in part, and the cases are remanded for new trials on the defendants' felony offenses.

http://www.tba2.org/tba_files/TCCA/2008/hooperd_062508.pdf


STATE OF TENNESSEE v. PAUL DAVID JAMES, JR.

Court: TCCA

Attorneys:

Philip A. Condra, District Public Defender; and Robert Morgan, Assistant Public Defender, Jasper, Tennessee, for the Appellant, Paul David James, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steven Strain, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Paul David James, Jr., appeals the sentencing decision of the Grundy County Circuit Court. Pursuant to a plea agreement, James pled guilty to one count of aggravated burglary, with the trial court determining the sentence length and manner of service of the sentence. After a sentencing hearing, the trial court sentenced James to five years in the Tennessee Department of Correction. On appeal, James challenges the length and manner of the sentence, arguing that the trial court improperly considered his lengthy history of dismissed criminal charges in enhancing the sentence two years above the statutory minimum and in denying alternative sentencing. After a thorough review of the briefs of the parties and the record, we affirm.

http://www.tba2.org/tba_files/TCCA/2008/jamesp_062508.pdf


STATE OF TENNESSEE v. KRISTA REGINA LESCH

Court: TCCA

Attorneys:

Michael A. Colavecchio, Brentwood, Tennessee, for the appellant, Krista Regina Lesch.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Amy Eisenbeck, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Krista Regina Lesch, pled guilty to three counts of obtaining a Schedule II controlled substance by fraud (Class D felony) and attempted child neglect (Class E felony). She was sentenced as a Range I, standard offender to two years on community corrections for one of the Class D felonies and to one year on community corrections for the Class E felony, with the sentences to run concurrently with credit for time served. She was further sentenced to two years on both of the other Class D felony convictions, with those sentences to run consecutively to the other sentence for a total effective sentence of six years, with time served and the balance on community corrections. The defendant violated the terms of her community corrections sentences on several occasions and eventually had her sentences revoked and increased. On appeal, she argues that the trial court erred in revoking her community corrections release and in increasing her effective sentence from six to nine years. After careful review, we conclude that no error exists and affirm the judgments from the trial court.

http://www.tba2.org/tba_files/TCCA/2008/leschk_062508.pdf


GREGORY MORROW v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Vicki M. Carriker, Memphis, Tennessee, for the appellant, Gregory Morrow.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany, Assistant Attorney General; William L. Gibbons, District Attorney General; and Pamela Fleming, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, Gregory Morrow, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his conviction of possession of 300 grams or more of cocaine with intent to sell and two counts of possession of marijuana and resulting fifteen-year sentence to the Department of Correction. He claims that he is entitled to post-conviction relief because he was denied the effective assistance of counsel at trial. We hold that his petition was not filed timely and is therefore barred by the one-year statute of limitations, and we vacate the judgment denying post-conviction relief and remand the case for entry of an order of dismissal.

http://www.tba2.org/tba_files/TCCA/2008/morrowg_062508.pdf


ANITA C. NORRIS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Barry R. Tidwell, Murfreesboro, Tennessee, for the appellant, Anita C. Norris.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Trevor Lynch, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Anita C. Norris, appeals the dismissal of her petition for writ of habeas corpus. In this appeal, she contends that she is entitled to habeas relief because her sentence expired prior to the trial court's order revoking her probation and ordering service of her original eight-year sentence in the Department of Correction. The judgment of the habeas corpus court dismissing the petition is affirmed. Because of a clerical error in the judgment, we order the trial court to correct the judgment form in this case to indicate that the petitioner was convicted of a Class B felony rather than a Class A felony.

http://www.tba2.org/tba_files/TCCA/2008/norrisa_062508.pdf


JASON D. PILLOW v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Stanley K. Pierchoski, Lawrenceburg, Tennessee, for the appellant, Jason D. Pillow.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Michel T. Bottoms, District Attorney General; and Dan Runde, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Jason D. Pillow, appeals the denial of his petition for post-conviction relief. In this appeal, he contends that he received the ineffective assistance of counsel at trial and on appeal and that the sentence imposed by the trial court violates the terms of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). Discerning no error, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2008/pillowj_062508.pdf


STATE OF TENNESSEE v. ADELL WATKINS

Court: TCCA

Attorneys:

David W. Camp, Jackson, Tennessee, for the appellant, Adell Watkins.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Jerry Woodall, District Attorney General; and Rolf Hazlehurst, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Adell Watkins, was indicted for one count of the knowing sale of cocaine and for one count of knowingly and unlawfully delivering cocaine, a Schedule II controlled substance. She was convicted on both counts. Her convictions were merged and she received an eight-year sentence. The defendant argues on appeal that the evidence was insufficient to sustain her convictions. Following our review of the parties' briefs, the record, and the applicable law, we affirm the decision of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/watkinsa_062508.pdf


TODAY'S NEWS

Legal News
Supreme Court Report
Disciplinary Actions
TBA Member Services

Legal News
Lawyer death ruled homicide
The death of a lawyer found in a closet in his west Nashville home Monday has been ruled a homicide, according to an autopsy performed today. Metro police, however, are not releasing the cause of death for James Cannon to avoid jeopardizing the investigation.
The Tennessean has the latest on the story
DA shuffles staff assignments
Shelby County District Attorney General Bill Gibbons has given new assignments to his top assistants effective July 1. Under the reorganization, prosecutor Paul Hagerman will become special assistant for Organized Crime Prosecution. Prosecutor John Campbell will take the new job of helping draft anti-crime legislation. Assistant District Attorney Bobby Carter's duties as chief prosecutor of child abuse now will include directing training programs for teachers and other professionals who deal with children. Assistant District Attorney Theresa McCusker will become a division leader for cases in Criminal Court Division Six. And Assistant District Attorney Steve Jones will become legal adviser to the West Tennessee Violent Crime & Drug Task Force, while remaining as prosecutor for the white-collar crime unit.
The Memphis Daily News has more
Report condemns political bias at DOJ
A government report released yesterday concludes that politics and ideology disqualified a significant number of new lawyers and summer interns seeking coveted jobs at the Department of Justice in 2006. The report marked the culmination of a yearlong investigation by Justice's inspector general and Office of Professional Responsibility.
The Commercial Appeal has the story
McCain veep consultant is discreet lawyer
The search for presidential hopeful John McCain's running mate is such a mystery that few people even know who's involved in the review. While McCain and his campaign manager are running the show, they often turn to attorney Arthur B. Culvahouse Jr., a one-time White House counsel to President Reagan and current chair of O'Melveny & Myers -- an international law firm active in corporate governance, internal investigations and compliance.
Learn more from this AP story in the Kingsport Times News
AG Bell talks about injuries
Third Judicial District Attorney General Berkeley Bell, who is recovering in an Alabama hospital from multiple injuries suffered in a June 14 motorcycle crash, said a broken arm, broken ribs and a lacerated liver, as well as the onset of pneumonia means he will not be released until next week at the earliest. Bell says he has no recollection of the crash, which occurred when another motorcycle hit him.
The story is in the Greeneville Sun
Pro bono work honored at Chattanooga event
Legal Aid of East Tennessee recently presented the Bruce C. Bailey Volunteer Attorney of the Year Award to Erskine Mabee during the annual Pro Bono Night celebration in Chattanooga. Sponsored by the Chattanooga Bar Association Pro Bono Committee and the Young Lawyers Division, the annual event celebrates the work of pro bono attorneys.
Read about Mabee and his pro bono work in the Times Free Press
Burned popcorn evacuates courthouse
Fire officials in Chattanooga say jurors and employees at the Hamilton County Courthouse were evacuated yesterday after someone burned popcorn in a basement kitchen microwave. The fire alarm sounded at a few minutes past 10 a.m. but all occupants were back in the building 20 minutes later. The News Sentinel reported the story.

Supreme Court Report
Court rejects death penalty for child rape
The Supreme Court today outlawed executions of people convicted of raping a child. In a 5-4 vote, the court said the Louisiana law allowing the death penalty to be imposed in such cases violates the Constitution's ban on cruel and unusual punishment.
The Commercial Appeal has more
Disciplinary Actions
Georgia lawyer reinstated
William Edward Nethery of Decatur, Ga., has been reinstated to the practice of law in Tennessee after meeting all required continuing legal education hours. He was suspended in 2003.

Maryland lawyer reinstated
Angela Jenise Williams of Silver Spring, Md., was reinstated to the practice of law in Tennessee after paying all fees and penalties owed to the Board of Professional Responsibility. She previously practiced law in Memphis.
See a list of attorneys suspended to date this year
TBA Member Services
TBA, Bank of America team up for no-fee credit card
The TBA World Points Rewards MasterCard from Bank of America places a new world of rewards, privileges, and service at your command -- with no annual fee.
Click here to learn more

 
 
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