New candidates apply for 21st Judicial District seat

Three new candidates have applied for the vacant 21st Judicial District court post created by the resignation of Judge Robert E. Lee Davies. They are: Franklin attorney Dana Michelle Ausbrooks with the 21st Judicial District public defender's office, Nashville attorney James Glasgow Martin III with Stites & Harbison and Murfreesboro lawyer Christopher Kim Thompson, a partner at Shuttleworth Williams PLLC. They join College Grove lawyer James Patrick Catalano and Lela Merrall Hollabaugh of Franklin. The deadline for applications is tomorrow. The Judicial Selection Commission will meet Aug. 27 in Franklin to initiate the process of filling the vacancy.

Learn more on the AOC's web site

TODAY'S OPINIONS
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IN THE MATTER OF: WILLIAM A. APPLETON, JR., v. THE CIVIL SERVICE BOARD OF THE METROPOLITAN PUBLIC HEALTH DEPARTMENT OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE

Court: TCA

Attorneys:

Mark C. Scruggs, Nashville, Tennessee, for Appellant, William A. Appleton, Jr.

The Department of Law of the Metropolitan Government of Nashville and Davidson County, Sue B. Cain, Director of Law, and J. Brooks Fox and Elizabeth A. Sanders, Assistant Metropolitan Attorneys, Nashville, Tennessee, for Appellee, The Metropolitan Government of Nashville and Davidson County, Tennessee.

Judge: FRANKS

The Department found appellant had violated the Board of Health's Civil Service Rules, and discharged him from his employment. The Administrative Law Judge affirmed his dismissal. On petition to the Chancery Court, the Chancellor upheld the Department's discharge of appellant. On appeal, we affirm.

http://www.tba2.org/tba_files/TCA/2008/appletonw_080708.pdf


STATE OF TENNESSEE v. MITCHELL DELASHMITT

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Jerry N. Estes, District Attorney General; and Steven Crump, Assistant District Attorney General, for the appellant, State of Tennessee.

Katherine L. Harp (on appeal); and John E. Eldridge and Steven B. Ward (at trial), Knoxville, Tennessee, for the appellee, Mitchell Delashmitt.

Judge: WITT

In this interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, the State challenges the trial court's suppression of the defendant's June 23, 2003 statement to police. Because we agree that the defendant's Fourth, Fifth, and Sixth Amendment rights, as well as certain statutory rights, were violated in the procuring of the statement, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/delashmittm_080708.pdf


TODAY'S NEWS

Legal News
Knox Term Limits
TBA Member Services

Legal News
Live from New York
The American Bar Association kicks off its 131st annual meeting this week in New York City. Among the events scheduled are two days of meetings for the House of Delegates, an address by Attorney General Michael Mukasey and a reception honoring Knoxville attorney and ABA Board of Governors nominee Howard H. Vogel. Hosted jointly by the TBA and the state's law schools, the reception will be held Saturday at the Sheraton New York.

TIPS honors Tenn. lawyers
In related news, the American Bar Association Tort Trial & Insurance Practice Section (TIPS) will honor its 2008 Leadership Academy graduating class with a ceremony and commencement dinner in New York City on Saturday. Tennessee young lawyers who have completed the program are Effie V. Bean of Memphis, James Albert Crumlin Jr. of Nashville and Benjamin W. Jones of Knoxville.

Bin Laden driver sentenced
A military jury today sentenced Osama bin Laden's former driver Salim Hamdan to 5 1/2 years in prison for aiding terrorism, but gave him credit for five years already served at Guantanamo Bay. That means that Hamdan will be eligible for release in six months, the Associated Press reports. Prosecutors had urged a sentence of no less than 30 years.

'First 48' won't be renewed
"The First 48" became the final 48 for those who like to watch Memphis homicide detectives in action. At the urging of Dist. Atty. Gen. Bill Gibbons, and given concerns that information released on the show may have violated the state constitution, Memphis police director Larry Godwin made a final decision not to renew the contract for the police documentary. The final case shot in Memphis aired Tuesday night on A&E.
The Commercial Appeal has more
Overcrowding leads to state prisoner move
All state prisoners at the Scott County Jail have been transferred to other counties due to overcrowded conditions, according to county sheriff Anthony Lay.
The Independent Herald has more
Bartlett set to raise salaries for municipal judges
The salary for Bartlett's municipal judges could double by 2011 if the Board of Mayor and Aldermen approves a new salary schedule later this month. A public hearing and final vote on the matter is scheduled for Aug. 12. City officials say they are trying to bring the salaries more in line with other suburban courts, according to the Commercial Appeal.

Knox Term Limits
Moncier sues to get appointees out ASAP
Knoxville lawyer Herbert S. Moncier filed a lawsuit late Monday demanding that certain officials elected today take office as soon as the county election commission certifies their victory. There has been debate as to whether those elected to offices affected by last year's term-limits ruling should take office immediately or wait until Sept. 1, when terms regularly begin. A number of commissioners objected to Moncier's attempt to expedite their removal. County Law Director John Owings also said he has the right to stay in office until Sept. 1, despite Moncier's suit.
The News Sentinel reports
TBA Member Services
UPL enforcement resources available
The TBA Standing Committee on the Protection of the Public from the Unauthorized Practice of Law encourages all lawyers in Tennessee to be alert to the unauthorized practice of law (UPL), which harms Tennessee consumers. Resources now are available to help lawyers report UPL to local bar associations and the state attorney general. Local bars that do not already have a process in place for handling UPL complaints, may want to check out a sample protocol on TBALink.
Visit the UPL webpage for more information

 
 
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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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