Bar Foundation announces IOLTA grant process

The Tennessee Bar Foundation, through the Interest On Lawyers' Trust Accounts (IOLTA) program, provides grant awards to organizations that provide direct civil legal services to the indigent or that seek to improve the administration of justice. Applications for the 2009 grants will be available Aug. 1 on the foundation's web site. Completed applications must be postmarked no later than midnight, Sept. 5. For more information, contact the foundation at info@tnbarfoundation.org, call (615) 242-1531 or (800) 634-2516, or visit the foundation's web site:

http://www.tnbarfoundation.org

TODAY'S OPINIONS
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STATE OF TENNESSEE v. GRADY HAYES BROWN

Court: TCCA

Attorneys:

David Hopkins (at hearing), and William E. Griffith (on appeal), Nashville, Tennessee, for the Appellant, Grady Hayes Brown.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Cameron L. Hyder, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Sharon Reddick, Assistant District Attorney General, for the Appellee, the State of Tennessee.

Judge: WEDEMEYER

The Defendant pled guilty to one count of rape and two counts of sexual battery by an authority figure. Pursuant to the plea agreement, the Petitioner received an eight year sentence for the rape conviction and three year sentences on each sexual battery conviction. The trial court held a sentencing hearing to determine the manner of service. At the sentencing hearing, the Defendant complained that his counsel forced him to plead guilty, after which counsel moved to withdraw. The trial court denied the motion to withdraw, and it ordered the Defendant to serve the sexual battery convictions concurrently to each other but consecutively to the rape conviction. The court also denied alternative sentencing. On appeal, the Defendant raises three issues: (1) the trial court erred in refusing to allow Counsel to withdraw during the sentencing hearing; (2) the trial court erred in imposing consecutive sentencing for the sexual battery and rape convictions; and (3) the trial court erred in denying alternative sentencing. After a thorough review of the record and applicable law, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/browng_072508.pdf


STATE OF TENNESSEE v. TIMOTHY LEE DEMERY

Court: TCCA

Attorneys:

Collins Landstreet, Elizabethton, Tennessee, for the appellant, Timothy Lee Demery.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Joe Crumley, District Attorney General; and Ken Baldwin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Timothy Lee Demery, was convicted by a Carter County Jury of second degree murder. As a result, he was sentenced to twenty-three years in incarceration. After the denial of a motion for new trial, Appellant initiated the appeal herein. On appeal, he argues that the trial court improperly denied the motion for new trial on the basis of newly-discovered evidence that exonerated Appellant and was withheld from the defense during trial. We determine that the trial court did not abuse its discretion in denying a new trial on the basis of newly-discovered evidence and, therefore, affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/demeryt_072508.pdf


DERRICK SAWYERS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

M. Wallace Coleman, Jr., Lawrenceburg, Tennessee, for the appellant, Derrick Sawyers.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; T. T. Michel Bottoms, District Attorney General; and Joel Douglas Dicus, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Derrick Sawyers appeals the habeas court's denial of habeas corpus relief. Following our review of the record and applicable law, we affirm the court's decision.

http://www.tba2.org/tba_files/TCCA/2008/sawyersd_072508.pdf


TODAY'S NEWS

Legal News
Legislative News
TBA Member Services

Legal News
New trial date set for House
A new trial for former death row inmate Paul Gregory House is scheduled to begin Oct. 14. Union County District Attorney General Paul Phillips says he won't seek the death penalty, but thinks House should be incarcerated for the rest of his life.
Read more in the Clarksville Leaf Chronicle
Proposed Knox law school names dean
Tennessee's newest law school has named a founding dean. Lincoln Memorial University on Thursday named Sydney A. Beckman as dean of its proposed school of law to be located in downtown Knoxville. Beckman comes from the Charleston School of Law, which opened its doors in 2004.
Read more from WBIR-TV
First candidate applies for 21st district opening
The Tennessee Administrative Office of the Courts reports today that Lela Merrall Hollabaugh, a partner with Waller, Lansden, Dortch, & Davis LLP, has applied for the 21st Judicial District court vacancy created by the resignation of Judge Robert E. Lee Davies. The deadline for applications is Aug. 8.
Find out more on the AOC web site
Interrogation memo gives insight into program
New memos released Thursday add to the growing record of harsh techniques that were used to break prisoners following the Sept. 11 terrorist attacks. In one 2002 Justice Department memo to the CIA, interrogators were told they would be safe from prosecution for violations of anti-torture laws if they believed "in good faith" that the harsh techniques would not cause "prolonged mental harm."
Read more in the Knoxville News Sentinel
Best legal movie? Here's what experts say
What are the 25 greatest legal movies? You may have pondered the question before, and so had the folks at the ABA Journal, who earlier this year asked 12 prominent lawyers who teach film or are connected to the business to choose what they regard as the best movies ever made about lawyers and the law.
Read the choices and reviews
Spam king gets 47 months
A U.S. district judge in Seattle ended the reign of the so-called Spam King, sending to prison the man who earned his title by sending out millions of unwanted e-mails. Robert Soloway is the second person in the country to be convicted under the Can-Spam Act.
Read more in the Seattle Post-Intelligencer
Judicial commissioners reappointed
Cumberland County Commissioners this week unanimously approved the reappointment of judicial commissioners William Benton Threet and Ernest Abston to four-year terms beginning July 21. The Crossville Chronicle reported the news.

Legislative News
Nashville Democrat may have eyes on leadership spot
House Majority Leader Gary Odom is setting his sights higher in the legislative leadership, the Nashville City Paper reports. Quoting fellow Democratic Rep. Mike Turner, the paper says Odom's ambitions put him on course to seek -- at some point -- the post of House speaker, a position occupied since the early 1990s by Rep. Jimmy Naifeh.
Read more from the City Paper
TBA Member Services
Health savings accounts now available
The TBA has partnered with First Horizon Msaver Inc. to offer Health Savings Accounts (HSAs) and HSA-qualified health plans for individuals and groups to members. HSAs are tax-advantaged accounts that let you set aside money to pay for current and future medical expenses. For more information, or to obtain an instant quote for an HSA-qualified health plan, call the TBA's dedicated toll-free customer care line at (866) 257-2659 or visit the TBA member web site.
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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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