Swearing-in ceremony highlight of TBA Academy

A select group of Tennessee attorneys will soon experience the honor of being admitted to practice before the U.S. Supreme Court in a private swearing-in ceremony at the 25th Annual TBA Academy. This year's Academy is scheduled for Dec. 14-15. Join TBA President Buck Lewis and other leaders in the Tennessee legal community in this exciting program. Contact TBA CLE Director Therese Byrne at (800) 899-6993 or by email to learn more.
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
04 - 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.

BOBBY J. BURGESS v. KONE, INC.

Court: TCA

Attorneys:

Henry S. Queener, III, Nashville, Tennessee, for the appellant, Bobby J. Burgess.

John W. Campbell, Atlanta, Georgia, and Amy D. Hampton, Nashville, Tennessee, for the appellee, Kone, Inc.

Judge: BENNETT

A state maintenance worker was injured while cleaning water out of an elevator pit in the Legislative Plaza. The worker sued the contractor that provided elevator maintenance and repair services to the state. He claimed that the contractor was responsible for his injuries because the contractor violated its contract with the state by refusing to remove the water from the elevator pit and because it was negligent in not locking down the elevator when its employee knew people would be working in the pit. The trial court granted summary judgment in favor of the contractor. The worker appealed. We affirm.

http://www.tba2.org/tba_files/TCA/2008/burgessb_072108.pdf


JOE TAYLOR v. SMITH COUNTY, TENNESSEE, ACTING BY AND THROUGH THE SMITH COUNTY ELECTION COMMISSION ET AL.

Court: TCA

Attorneys:

Richard M. Brooks, Carthage, Tennessee, for the appellant, Joe Taylor.

Jack O. Bellar and Jamie D. Winkler, Carthage, Tennessee, for the appellee, Smith County, Tennessee; Eddie Taylor, Hartsville, Tennessee, for the appellee, Larry Wilkerson Taylor.

Judge: BENNETT

A candidate for a county school board lost the election by one vote. He filed an election contest and alleged that one voter voted in the election illegally. At trial, the alleged illegal voter exercised her Fifth Amendment right not to testify against herself. At the end of the plaintiff's proof, the trial court granted the defendants' motion to dismiss because the plaintiff had failed to prove a sufficient number of illegal votes to change the results. Plaintiff candidate appealed. We affirm.

http://www.tba2.org/tba_files/TCA/2008/taylorj_072108.pdf


KELVIN WADE CLOYD v. HOWARD CARLTON, WARDEN

Court: TCCA

Attorneys:

Kelvin Wade Cloyd, Pro Se, Mountain City, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; and Joe Crumley, District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Kelvin Wade Cloyd, appeals the trial court's dismissal of his petition for writ of habeas corpus in which he argued that his convictions for vehicular homicide were void because the Washington County Criminal Court failed to indicate the amount of pretrial jail credit on the judgment forms. We determine that the trial court properly dismissed the petition for writ of habeas corpus because Petitioner failed to state a colorable claim for relief. Therefore, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/cloydk_072108.pdf


STATE OF TENNESSEE v. FREDERICK JAMES DEMAY

Court: TCCA

Attorneys:

Deborah B. Lonon, Assistant Public Defender, for the appellant, Frederick James DeMay.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Barry P. Staubus, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Frederick James DeMay, pled guilty to one count of especially aggravated sexual exploitation of a minor, a Class B felony, and four counts of statutory rape, a Class E felony. He was sentenced as a Range I, standard offender to ten years in the Department of Correction for the especially aggravated sexual exploitation of a minor conviction and to concurrent terms of two years for each statutory rape conviction, to be served consecutively to the ten-year sentence. The trial court suspended the two-year sentences and placed the defendant on probation for six years. On appeal, the defendant argues that the trial court erred in denying him full probation and in applying one sentencing enhancement factor. We affirm the defendant's convictions and sentences but remand the case to the trial court for entry of corrected judgments.

http://www.tba2.org/tba_files/TCCA/2008/demayf_072108.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 R. Effler and Howard Ells, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Mitchell Eads, was convicted by a Claiborne County jury of possession of contraband in a penal institution, a Class C felony, and felony escape, a Class E felony. The trial court subsequently sentenced him as a persistent offender to fourteen years at 45% for the possession of contraband conviction and as a career offender to six years at 60% for the felony escape conviction, with the sentences to be served consecutively to each other and consecutively to the defendant's twenty-four-year sentence in a prior case, for a total effective sentence of forty-four years in the Department of Correction. The defendant raises essentially four issues on appeal: (1) whether the evidence was sufficient to sustain his convictions; (2) whether the trial court erred in allowing juror questions to be submitted to a witness and in not allowing the defendant to cross- examine the witness about his responses; (3) whether he was denied his Sixth Amendment right to trial by jury by the trial court's limiting of the jury's view of the crime scene; and (4) whether the trial court imposed an excessive sentence by erroneously applying enhancement factors, not applying an applicable mitigating factor, and ordering that his sentences run consecutively to his twenty-four- year sentence in the prior case. Following our review, we affirm the judgments of the trial court but remand for resentencing.

http://www.tba2.org/tba_files/TCCA/2008/eadsm_072108.pdf


STATE OF TENNESSEE v. BRIAN CHARLES LADUE

Court: TCCA

Attorneys:

Julie A. Rice, Knoxville, Tennessee, for the appellant, Brian Charles LaDue.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Brian Charles LaDue, was indicted by the Knox County Grand Jury for attempted second degree murder and aggravated assault. After a jury trial, Appellant was found guilty of aggravated assault. As a result, the trial court sentenced Appellant as a Range I, standard offender to six years in incarceration. After the denial of a motion for new trial, Appellant seeks review of his sentence on appeal. We determine that Appellant has failed to show that plain error review of his sentence is warranted or that the trial court erred by denying probation. Accordingly, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/ladueb_072108.pdf


TODAY'S NEWS

Legal News
Practice Management
TBA Member Services

Legal News
Criminal justice study sought for Memphis
Legislation to examine racial and ethnic disparities in the criminal justice system and boost public confidence in the system has been introduced in the U.S. Congress. If the bill becomes law, 10 congressional districts will serve as pilot sites for the study and U.S. Rep. Steve Cohen says Memphis should be among them.
The Tri-State Defender has more
Lawyers take on side businesses
Three lawyers featured in the July ABA Journal have discovered that running a side business doesn't have to mean leaving the law. Read about a lawyer who also owns a professional sports franchise, another is a winemaker and a third who balances the law with the fashion world.
Lean more about these endeavors
Opinion: technology poses challenges to laws
Carlton Lewis, a referee with the Davidson County Juvenile Court and an instructor at the Nashville School of Law, explores how new technologies challenge our beliefs about privacy rights and protected speech. His piece appeared in the Tennessean this weekend.
Read it here
Shelby Co. filings remain steady
With few exceptions, the second quarter filings for state and federal courts in Shelby County remained fairly consistent with first quarter numbers. However, changes in the way the courts report some data to the state of Tennessee resulted in an increase in breach of contract filings. Learn more about that change and other survey data
in the Memphis Daily News
Gun ruling prompts challenges by felons
Former felons, who are prohibited from owning guns, are using the Supreme Court's decision in the Washington, D.C. handgun case to argue they have a constitutional right to keep guns at home for self-defense. The case also has called into question various gun control laws around the country. Those following the debate predict numerous challenges to local, state and federal laws in the coming months.
The News-Sentinel carried this AP story on the issue
Practice Management
Encouraging women to make partner
A new study released by the National Association of Women Lawyers says simple strategies can help law firms close the gap between the number of men and women advancing into partnership. Among them: make it worthwhile financially for senior partners to promote diversity; encourage men to mentor women; and keep a close eye on how attorneys are credited for their business development efforts. The group aims to increase the percentage of women in top legal positions beyond the current 15 percent mark.
Download the study
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

 
 
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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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