The Complete Lawyer: What is your exit strategy?

Whether you are coming up on retirement, looking at succession planning or just ready to move on to the next phase in your life, The Complete Lawyer has advice for you. In the just released e-magazine brought to you by the TBA, 18 contributors discuss the financial, emotional and physical dimensions of creating an exit strategy that will help you achieve your goals -- whether you are approaching the end of your career or just starting out.

http://tennessee.thecompletelawyer.com/volume4/issue4/index.php

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
02 - 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.

IN RE: THE ADOPTION OF D.P.E.

Court: TCA

Attorneys:

Charles Dungan, Maryville, Tennessee, for the Appellant, M.L.P.E.

Theodore Kern, Knoxville, Tennessee, for the Appellees, R.S. and S.S.

Robert A. Cole, Knoxville, Tennessee, Guardian ad Litem for D.P.E.

Judge: SWINEY

R.S. and S.S. ("Petitioners") are the foster parents of D.P.E. (the "Child"), who has been in their care since June of 2003. Petitioners filed a petition seeking to terminate the parental rights of M.L.P.E. ("Mother") and J.P.E. ("Father") and to adopt the Child. Father eventually surrendered his parental rights, but Mother contested the petition. Following a trial, the Trial Court terminated Mother's parental rights after finding clear and convincing evidence that grounds existed to terminate her parental rights, and that such termination was in the best interest of the Child. We reversed the Trial Court's judgment after finding the Trial Court erred when it failed to appoint a guardian ad litem on the Child’s behalf. On remand, a guardian ad litem was appointed and a second trial was held. At the second trial, the parties stipulated that grounds existed to terminate Mother's parental rights. The sole issue in the second trial was whether there was clear and convincing evidence that termination of Mother's parental rights was in the Child's best interest. The Trial Court found that Petitioners had presented clear and convincing evidence and entered a final judgment terminating Mother's parental rights. The sole issue on appeal is whether the Trial Court erred in finding there was clear and convincing evidence that termination of Mother's parental rights was in the Child's best interest. We affirm the judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2008/dpe_070308.pdf


OAKTENN, INC. V. LOREN L. CHUMLEY, COMMISSIONER OF REVENUE, STATE OF TENNESSEE

Court: TCA

Attorneys:

Robert E. Cooper, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Clark B. Thornton, Assistant Attorney General, Nashville, Tennessee, for the appellant, Loren L. Chumley, Commissioner of the Tennessee Department of Revenue.

Dudley W. Taylor, Knoxville, Tennessee, for the appellee, OakTenn, Inc.

Judge: LEE

The issue in this case is whether a corporation, which manages a central laundry facility created for the use of five hotels by agreement of the corporation and the limited partnerships which own the hotels, owes the State of Tennessee sales taxes on the laundry receipts. The Department of Revenue assessed sales tax on funds reimbursed the managing corporation by the five hotels under the theory that such reimbursements were actually taxable charges for laundry services. The corporation, which is also the sole general partner of the limited partnerships, challenged the assessment, and the trial court granted summary judgment in its favor. It is our determination that the payment of monies to the corporation by the five hotels were not subject to sales taxes if such monies constituted reimbursements of advancements made by a member of a joint venture in furtherance of the venture. However, the record shows that a dispute exists as to whether the laundry was a joint venture. Therefore, there remains a genuine issue of material fact. Accordingly, the trial court's grant of summary judgment is vacated, and the case is remanded for trial on the merits.

http://www.tba2.org/tba_files/TCA/2008/oaktenn_070208.pdf


STATE OF TENNESSEE v. TORY W. MARSHALL

Court: TCCA

Attorneys:

Mark Toohey (at trial), Kingsport, Tennessee, and James J. Lonan (on appeal), Johnson City, Tennessee, for the Appellant, Tory W. Marshall.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Leslie E. Price, Assistant Attorney General; H. Greeley Wells, District Attorney General; Lewis Combs, Assistant District Attorney General, for the Appellee, the State of Tennessee.

A Sullivan County jury found the Defendant, Tory W. Marshall, guilty of aggravated robbery and aggravated burglary. The trial court sentenced him to an effective thirty year sentence. On appeal, the Defendant claims: (1) the trial court erred by unfairly limiting the scope of his cross-examination of a State witness; (2) the trial court failed to provide complete jury instructions; and (3) the trial court erroneously sentenced the Defendant. 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/


TODAY'S NEWS

Legal News
TBA Member Services

Legal News
What to wear?
Final approval of a new dress code in Shelby County Circuit Courts may still be some time away, but when the judges got together last week the issue filled at least part of their time. A final draft of the dress code -- which sparked national and international coverage earlier this summer -- must be typed and circulated among all nine Circuit Court judges before it is considered for approval.
Read more in the Memphis Daily News
Nashville attorney recognized for community work
Nashville attorney Barbara Moss was presented the Molly Todd Cup at the recent CABLE Awards ceremony. The award was given for her work in making Nashville a better place to live by CABLE, a Tennessee-based organization whose members help women achieve professional and personal growth by providing networking forums and programs. Moss is a part of the business litigation service group at Stites & Harbison.

Child rape decision based on inaccurate information
The U.S. Justice Department has admitted it erred when it failed to inform the U.S. Supreme Court that a law adopted in 2006 authorized the death penalty for child rape in military cases. In the recently decided Kennedy v. Louisiana case, the majority opinion stated that child rape is not a capital offense under the laws of 44 states or the federal government. A civilian defense lawyer who handles death penalty appeals for the Air Force pointed out the inaccuracy on his blog last week. The Louisiana district attorney who handled the case said the state is "strongly considering the option of asking the justices to reconsider..."
The New York Times reports
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.


 
 
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