All appellate judges retained on public vote

In yesterday's election, voters approved two Supreme Court justices and five appellate court judges who faced retention votes. They are: Supreme Court Justices William Koch and Gary Wade; Court of Appeals Judges Richard Dinkins, Andy D. Bennett and Steve Stafford; and Court of Criminal Appeals Judges Camille R. McMullen and D. Kelly Thomas Jr. According to the Shelbyville Times-Gazette, the affirmative votes statewide were all more than 70 percent.
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.

LINDA KAY EDWARDS v. RONALD DELL EDWARDS

Court: TCA

Attorneys:

Allison Barker Watson and Vivian E. Warner, Crossville, Tennessee for the Appellant, Linda Kay Edwards.

G. Earl Patton, Crossville, Tennessee for the Appellee Ronald Dell Edwards.

Judge: SWINEY

After sixteen years of marriage, Linda Kay Edwards ("Wife") sued Ronald Dell Edwards ("Husband") for divorce. After the trial, the Trial Court entered an order, inter alia, granting the parties a divorce, distributing the marital property, and ordering Husband to pay Wife transitional alimony in the amount of $2,600 per month for twelve months. Wife appeals raising issues regarding the distribution of marital property and alimony. We modify the Trial Court's Final Decree to order that Husband is to pay Wife alimony in futuro in the amount of $1,000 per month after the transitional alimony ends, and we affirm as modified.

http://www.tba2.org/tba_files/TCA/2008/edwardsl_080808.pdf


STATE OF TENNESSEE v. GLEN ANDREW ADAMS

Court: TCCA

Attorneys:

Clyde A. Dunn, Newport, Tennessee, for the Appellant, Glen Andrew Adams.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; and James B. Dunn, District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Glen Andrew Adams, was charged with Class C felony manufacture of marijuana. The Defendant applied for pretrial diversion, and the district attorney general denied his request. The trial court reversed, concluding that the district attorney abused his discretion and ordering that the Defendant be placed on pretrial diversion. The State appeals. Following our review of the record, the judgment of the Cocke County Circuit Court ordering the district attorney general to grant the Defendant diversion is reversed. This case is remanded to the trial court for further proceedings.

http://www.tba2.org/tba_files/TCCA/2008/adamsa_080808.pdf


QUINTON CAGE v. HOWARD CARLTON, WARDEN and STATE OF TENNESSEE

Court: TCCA

Attorneys:

Quinton Cage, appellant, pro se.

Robert E. Cooper, Attorney General & Reporter; and Lacy Elaine Wilber, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Quinton Cage, has appealed the Johnson County Circuit Court's dismissal of his petition for writ of habeas corpus. The State has moved this court pursuant to Tennessee Court of Criminal Appeals Rule 20 to summarily affirm the trial court's order. The petitioner has failed to establish a cognizable claim for relief. We therefore affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2008/cageq_080808.pdf


TODAY'S NEWS

Legal News
Politics
Your Practice
TBA Member Services

Legal News
Final list of 21st Judicial District candidates grows to 9
With the passing of today's deadline, the final list of candidates for a 21st Judicial District court vacancy grew to nine. New applicants are: Franklin lawyer Joy Burns Day with Sutter, O'Connell & Farchione; Centerville lawyer Dana Lloyd Dye with Dye & Vander Horst PC; Nashville lawyer Dennis J. Garvey with the Tennessee Attorney General's Antitrust Division; Franklin lawyer John D. Schwalb of Williams & Schwalb PLLC; and Derek Keith Smith with the 21st Judicial District attorney general's office They join Dana Michelle Ausbrooks, James Patrick Catalano, Lela Merrall Hollabaugh, James Glasgow Martin III and Christopher Kim Thompson.

New merger in Memphis
Apperson, Crump & Maxwell PLC and Gary K. Smith & Associates PLLC have announced plans to merge their practices and relocate the Smith firm from Peabody Place to Apperson Crump offices at 6000 Poplar Ave. The new firm will operate as Apperson Crump. The merger will expand Apperson Crump's practice areas to include plaintiff representation in catastrophic personal injury, wrongful death, insurance bad faith, product liability and medical malpractice -- which are Smith's areas of expertise. The firm will move to a new building at 6070 Poplar Ave. in Triad Centre III in the fall of 2009.

Commission delays courtroom security vote
A resolution encouraging Shelby County judges to consider outside security methods such as using part-time retired sheriff's deputies has been deferred for two weeks. The county commission is considering alternative courtroom security arrangements, mostly because of budget shortfalls, but the idea does not have the full support of the judges nor the Memphis Bar Association. The commission will address the issue again at its Aug. 14 meeting.
Read more in the Memphis Daily News
Memphis lawyer receives Miss. pro bono award
Melody McAnally, an attorney with the Memphis office of Butler, Snow, O'Mara, Stevens & Cannada PLLC, recently received the Mississippi Volunteer Lawyers Project's Curtis E. Coker Access to Justice Award at the annual convention of the Mississippi Bar Association. She was recognized primarily for her work on a divorce and child custody case. McAnally recently relocated to Memphis.
Read her thoughts on pro bono work in the Memphis Daily News
Politics
Tuke wins Dem. nomination for U.S. Senate
Nashville lawyer Bob Tuke received the nod from voters for Democratic nominee for U.S. Senate. He will face first-term incumbent U.S. Sen. Lamar Alexander in the November election.
Read more about this race in the Tennessean
Cohen defeats Tinker in race that drew national coverage
Incumbent Steve Cohen was the winner over Memphis corporate lawyer Nikki Tinker in the Democratic primary for the U.S. House of Representatives, 9th District. Some ads from Tinker's campaign brought national attention and criticism from many, including Barack Obama and Harold Ford Jr.
See more in the Commercial Appeal
Your Practice
Lawyer-client matchmaking site to launch next month
WhoCanISue.com, a web site set to launch in September, will join a growing field of services that help consumers find lawyers online. Free to the potential clients, the site asks questions about grievances before giving guidance as to whether a case has merit and if so, refers the consumer to an attorney. Lawyers pay an annual fee of $1,000 to appear on the site. But, as Time.com points out, "in most states you could do just as well by checking with the local bar association."

TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
or get an online rate quote

 
 
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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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