Award-winning GP Summit returns with strong lineup

Recognized in 2007 as the state's top educational seminar, the TBA's General Practice Summit returns this summer with a strong lineup of speakers in practice areas central to the work of attorneys in solo or small practices. This year's program will again feature 15 hours of practical programming along with plenty of time for networking and learning from your colleagues. Register or find out more about this Nashville program, scheduled for Aug. 21-23.

https://www.tnbaru.com/CLE/catalog_course_details.php?course=5732

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.

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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.

TONY STEWART v. TENNESSEE BOARD OF PROBATION AND PAROLE., ET AL.

Court: TCA

Attorneys:

Tony Stewart, pro se Appellant.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Joshua D. Baker, Assistant Attorney General, Nashville, Tennessee, for the Appellees, Tennessee Board of Probation and Parole, Charles Traughber, Gayle Barbee, Patsy Bruce, Emily S. Hudgens- Wilson, James Austin, and Jack Elder.

Judge: SWINEY

Tony Stewart ("Petitioner") is incarcerated at the Riverbend Maximum Security Institution. Petitioner had a parole hearing in August of 2006. Petitioner was denied parole and informed that his next parole hearing would be in August of 2012. Petitioner filed an administrative appeal and lost. Thereafter, he filed a petition for common law writ of certiorari claiming the Board of Probation and Parole had acted arbitrarily, illegally, and had exceeded its jurisdiction. Petitioner sued numerous defendants who collectively filed a motion to dismiss asserting that the Trial Court did not have subject matter jurisdiction because: (1) the petition was not verified; and (2) the petition did not state that it was the first application for the writ. The Trial Court agreed with the defendants that the petition was fatally deficient for these reasons and dismissed the petition. Petitioner appeals, and we affirm.

http://www.tba2.org/tba_files/TCA/2008/stewartt_071408.pdf


STATE OF TENNESSEE v. JOSEPH BLOODGOOD

Court: TCCA

Attorneys:

Leslie I. Ballin (at trial and on appeal) and Gray W. Bartlett (on appeal), Memphis, Tennessee, for the appellant, Joseph Bloodgood.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; William L. Gibbons, District Attorney General; and Betsy Carnesale and Greg Gilbert, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

The appellant, Joseph Bloodgood, pled guilty to facilitation of aggravated burglary and received a sentence of two years. The trial court denied the appellant alternative sentencing, and the appellant now appeals. Upon our review of the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/bloodgoodj_071408.pdf


STATE OF TENNESSEE v. MITCHELL EADS

Court: TCCA

Attorneys:

Wesley D. Stone, Franklin, Tennessee, for the appellant, Mitchell Eads.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; William Paul Phillips, District Attorney General; and Jared Effler, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Mitchell Eads, was convicted by a Claiborne County jury of aggravated burglary, a Class C felony, and theft of property under $500, a Class A misdemeanor. Pursuant to agreement, he was sentenced by the trial court as a Range I, standard offender to concurrent terms of three years at 30% for the aggravated burglary conviction and eleven months, twenty-nine days at 75% for the theft conviction, to be served consecutively to his sentences in three previous cases. The defendant raises four issues on appeal: (1) whether the evidence was sufficient to sustain his convictions; (2) whether the trial court committed reversible error by not instructing the jury on criminal trespass and aggravated criminal trespass as lesser-included offenses of aggravated burglary; (3) whether the doctrine of collateral estoppel should have barred the State’s introduction of evidence relating to the defendant's constructive possession of a truck in light of his acquittal of theft of the truck in an earlier case; and (4) whether the State committed prosecutorial misconduct by introducing and referring to evidence of unindicted offenses. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/eadsm_071408.pdf


STATE OF TENNESSEE v. JEFFERY E. LONG

Court: TCCA

Attorneys:

Charles R. Hughes, Jr., District Public Defender, and Jeanie L. Wiggins, Assistant Public Defender, for the appellant, Jeffery E. Long.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel W. Harmon, Assistant Attorney General; Robert S. Bebb, District Attorney General; and Paul D. Rush, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Jeffery E. Long, was convicted of aggravated robbery and sentenced to thirteen years as a Range II, multiple offender. On appeal, he argues that the evidence was insufficient to support the verdict and that the trial court erred in three areas: admission of a photographic lineup, failure to grant a mistrial, and failure to require a different jury panel when it was possible some members saw the defendant led into a holding cell in the courthouse prior to trial. After careful review, we conclude that no reversible error exists and affirm the judgment from the trial court.

http://www.tba2.org/tba_files/TCCA/2008/longje_071408.pdf


Application of Art. IV of Tennessee Constitution to Municipal Elections

TN Attorney General Opinions

Date: 2008-07-10

Opinion Number: 08-122

http://www.tba2.org/tba_files/AG/2008/ag_08_122.pdf

TODAY'S NEWS

Legal News
Supreme Court Report
Politics
TBA Member Services

Legal News
Tapped phone tape: Harold Ford Sr., told brother John his dealings were 'criminal'
Government prosecutors played wiretapped cell phone conversations this morning between then-state senator John Ford and his brother, Harold Ford Sr., in which Harold warned that his brother's activities with regard to TennCare were "criminal" and urged him to quit the legislature. The tape was one of a series played today for jurors as prosecutors completed their case in Ford's federal court trial.
Read about it in the Commercial Appeal
Park's dealings require a lot of legal counsel
The troubles brought on by the bankruptcy of Brentwood financial advisor Michael J. Park's financial services firm, PCMG Consulting, followed by his suicide attempt, have given a lot of lawyers work recently. NashvillePost.com reports that a "who's who" of attorneys have signed on to the case in various roles.
Read the list
Program cuts recidivism for juveniles
Positive Beginnings, a program aided by Nashville Juvenile Judge Betty Adams Green and run through the YMCA, is deemed a success -- only 14 percent of its graduates get in trouble with the law again as opposed to the citywide average of 85 percent.
Find out more from the Nashville City Paper
Supreme Court Report
Election outcome will have effect on aging court
With five justices 70 or older on the U.S. Supreme Court, the outcome of the presidential election is bound to have an influence on the court soon. Despite John Paul Stevens still playing tennis at 88 and Ruth Bader Ginsburg, 75, working out regularly in the Supreme Court gym, change on the Supreme Court is more likely than not in the next four years.
The News Sentinel carried this Associated Press report
Interpretation of history key in how justices see cases
In two of the Supreme Court's most important cases this year -- ruling Guantanamo detainees have a right to petition for habeas in federal courts and ruling that the Second Amendment protects an individual right to own handguns at home -- the justices agreed that history and the original meaning of the Constitution were critical in interpreting constitutional guarantees. But the justices disagree on how to interpret the history.
ABAJournal.com connects you to the story
Politics
Candidates for 9th District seat in testy debate
The three candidates for the 9th Congressional District faced off yesterday in a televised debate that turned the issue to race quickly. Accusations flew among incumbent U.S. Rep. Steve Cohen and challengers Nikki Tinker and Joe Towns Jr., about who could best represent the district. Among several sharp exchanges, Tinker, who is a lawyer for Pinnacle Airlines, found herself defending her job as a corporate lawyer and lobbyist.
The Commercial Appeal covered the debate
TBA Member Services
Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more

 
 
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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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