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.

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00 - TN Supreme Court
01 - TN Worker's Comp Appeals
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Court: TWCA


David J. Silvus, Clarksville, Tennessee, for the appellant, Clarksville-Montgomery County School System.

Peter M. Olson, Clarksville, Tennessee, for the appellee, Mary Jo Patterson.


This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) (Supp. 2007) for a hearing and a report of findings of fact and conclusions of law. The trial court found that the employee complied with the notice requirement of Tennessee Code Annotated section 50-6-201(a) (Supp. 2003). It further found that she had sustained a compensable injury to her lower back and awarded 30% permanent partial disability. The employer has appealed, contending that the claim is barred by failure to provide timely notice and that the evidence preponderates against the finding of causation. We affirm the judgment.



Court: TCA


James S. Smith, Jr., Rockwood, Tennessee for the Appellant, Patsy Wicks Dawson.

Browder G. Williams, Kingston, Tennessee for the Appellee, Isaac Dale Dawson.


After more than eighteen years of marriage, Patsy Wicks Dawson ("Wife") sued Isaac Dale Dawson ("Husband") for divorce. After a trial, the Trial Court entered an order, inter alia, awarding Husband a divorce and distributing the marital property. Wife appeals raising an issue regarding the distribution of the marital property. We vacate the distribution of the marital property and remand this case to the Trial Court to value items of marital property as necessary to effectuate an equitable division of marital property under the facts of this case such that Husband receives 60% and Wife receives 40%. The remainder of the Trial Court's Final Decree of Divorce is affirmed.



Court: TCCA


Robert Jolley, Knoxville, Tennessee (at trial), and F. Chris Cawood, Kingston, Tennessee (on appeal) for the appellant, Armand E. Booker.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General, and Edward P. Bailey, Jr., District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

On April 6, 2006, an Anderson County Criminal Court convicted the defendant, Armand E. Booker, of one charge of selling less than .5 grams of cocaine, a Class C Felony. The defendant now appeals, alleging that there was insufficient evidence to support the conviction, that the police and State engaged in outrageous conduct in their dealings with the defendant, that the trial court erred in failing to dismiss the charge because of the State's failure to comply with discovery, and that the trial court erred in not indicating when the defendant's sentence should begin if it was to run consecutively to his two prior sentences. Discerning no error in the judgment of the trial court, we affirm.



Court: TCCA


J. Liddell Kirk, Knoxville, Tennessee (on appeal); and R. Mack Garner, District Public Defender (at trial), for the appellant, Rafael L. Mazyck.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Tammy M. Harrington, Assistant District Attorney General, for the appellee, State of Tennessee.


The defendant, Rafael L. Mazyck, pled guilty pursuant to a plea agreement to two counts of theft over $1000, a class D felony, and one count each of felony reckless endangerment and felony evading arrest, both class E felonies. He received a total sentence as a Range I, standard offender of four years, which was suspended after sixty days of confinement. In this appeal, the defendant challenges the trial court's revoking his probation and ordering him to serve his entire sentence in confinement. We affirm the judgment of the trial court.



Court: TCCA


Deborah B. Lonon, Assistant Public Defender, Blountville, Tennessee, for appellant, James Bernard Simpson

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Greeley Wells, District Attorney General; and Brandon Haren, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, James Simpson, pled guilty to violation of an habitual traffic offender order, violation of vehicle registration and driving under the influence ("DUI"), second offense. The trial court sentenced Appellant to three years as a Range II Multiple Offender for violation of an habitual traffic offender order, thirty days with a seventy-five percent release eligibility for violation of vehicle registration, and eleven months and twenty-nine days at seventy-five percent release eligibility of which forty-five days were to be served day-for-day for DUI, second offense. Appellant requested a hearing on alternative sentencing. Following a hearing, the trial court denied all versions of alternative sentencing based upon the length and nature of Appellant's prior criminal history, as well as his past failures to conform to conditions when given probation or after having his drivers' license revoked. We have reviewed the record on appeal and find that it supports the trial court's decision. Therefore, we affirm the judgments of the trial court.



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