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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
01 - TN Court of Appeals
02 - TN Court of Criminal Appeals
01 - 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.

CORDOVA THE TOWN HOMEOWNERS ASSOCIATION, INC. v. GILL DEVELOPMENT COMPANY, INC.

Court: TCA

Attorneys:

John J. Heflin III, Memphis, Tennessee, for the appellant Gill Development Company, Inc.

John H. Dotson, Memphis, Tennessee, for the appellee Cordova the Town Homeowners Association, Inc.

Judge: KIRBY

This appeal involves the interpretation of a declaration of covenants for a homeowners' association. The declaration made the developer a member of the homeowners' association, insofar as the developer owned lots within the development. It also stated that the obligation to pay assessments on a given lot did not begin until either the lot was transferred from the developer or improvements on the lot were completed, whichever occurred first. The homeowners' association sued the developer, seeking damages for unpaid assessments on lots owned by the developer, on which improvements were not complete. The trial court granted the motion for summary judgment filed by the homeowners' association. The developer appeals. We reverse, concluding that the declaration of covenants provides that the obligation to pay assessments on the lots owned by the developer had not yet commenced.

http://www.tba2.org/tba_files/TCA/2008/cordovat_091208.pdf


STATE OF TENNESSEE v. JASON CLINARD
CORRECTED OPINION

Court: TCCA

Attorneys:

Worth Lovett, Clarksville, Tennessee, for the appellant, Jason Clinard.

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Carey J. Thompson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

A Stewart County Circuit Court jury convicted the defendant, Jason Clinard, of first degree premeditated murder and imposed a sentence of life imprisonment. See T.C.A. subsection 39-13-202(a)(1); -204 (2006). In this appeal, the defendant asserts that the trial court erred by (1) not suppressing photographs of the victim, (2) allowing the State an independent psychological examination of the defendant, (3) failing to disqualify the District Attorney General's Office, and (4) following the statutory sentencing scheme that resulted in the defendant's life sentence. Discerning no error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/clinardj_091208.pdf


STATE OF TENNESSEE v. GORDON McGEE, JR.

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General & Reporter; Clarence E. Lutz, Assistant Attorney General; Lisa S. Zavogiannis, District Attorney General; and Mark E. Tribble, Assistant District Attorney General, attorneys for appellant, State of Tennessee.

Ricky L. Stacy, McMinnville, Tennessee, attorney for appellee, Gordon McGee, Jr.

Judge: THOMAS

The defendant, Gordon McGee, Jr., was indicted by the Warren County grand jury for simple assault, a Class A misdemeanor, and applied for pretrial diversion. The state denied the application and the defendant sought certiorari review by the trial court. Following an evidentiary hearing, the trial court granted certiorari and ordered the state to enter into a memorandum of understanding granting pretrial diversion to the defendant. The state appeals as of right the order of the trial court. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/mcgeeg_091208.pdf


Public Records

TN Attorney General Opinions

Date: 2008-09-11

Opinion Number: 08-147

http://www.tba2.org/tba_files/AG/2008/ag_08_147.pdf

TODAY'S NEWS

Legal News
Politics
Disciplinary Actions
Upcoming
TBA Member Services

Legal News
AOC names judge to hear case against judge
Hamilton County General Sessions Court Judge Bob Moon will preside over the case of Cocke County Judge John A. Bell, who is under investigation by the Court of the Judiciary for ethical violations related to a private probation company. Moon was appointed to hear the case by the Administrative Office of the Tennessee Supreme Court.
Read more in the Chattanoogan
Vandy class most diverse ever
Vanderbilt Law School's Class of 2011 is its most diverse ever, drawn from its largest ever pool of applications (more than 4,300), the school says. The 191 students in Vanderbilt's 1L class this August hail from 37 states, the District of Columbia, and four foreign nations. More than half of the class -- 53 percent -- are women, and 23 percent represent ethnic minorities.
Learn more about the Class of 2011
EEOC takes new position on religious discrimination in workplace
The Equal Employment Opportunity Commission has issued a new compliance manual section on religious discrimination in the workplace and Chattanooga attorney John Phillips reports that many who have read it may be missing some groundbreaking change. Read what he has to say about it in his blog, The Word on Employment Law
Keep up with this and other Tennessee legal blogs
Open General Sessions seat draw interest from 7
Seven attorneys have expressed interest in Knox County's vacant General Sessions Court judgeship, including two assistant district attorneys general, Knoxville's vice mayor, the former county law director and attorneys in private practice.
Read more in the News Sentinel
Politics
Maddox to challenge for majority leader post
The Nashville Post reports that State Rep. Mark Maddox, D-Dresden, is announcing today that he will be running for the position of Democratic Majority Leader in the Tennessee House of Representatives. The position is currently held by Rep. Gary Odom of Nashville, who Maddox says he believes will challenge Speaker of the House Jimmy Naifeh, D-Tipton, in January.
Read more in the Nashville Post (subscription required)
Senate candidate faces claims of affair
A candidate that Republican leaders are counting on to help gain a majority in the state Senate next session has been accused by a local party official of having an extramarital affair with her and repeatedly denying it.
Read more in the Knoxville News Sentinel
Disciplinary Actions
Nashville lawyer transferred to disability inactive status
Nashville lawyer James R. Everett III was transferred to disability inactive status by the Tennessee Supreme Court on Sept. 8, pursuant to Rule 9, section 21.3 of the Rules of the Supreme Court for an indefinite period of time and until further order of the court.
Read the full BPR release
Bedford County lawyer censured
Bedford County lawyer Clarence W. Phillips received a public censure from the Tennessee Supreme Court on Sept. 8. Phillips was found to have violated the Rules of Professional Conduct by soliciting employment from a prospective client who had not initiated contact and with whom he had no prior relationship.
Read the full BPR release
Memphis lawyer suspended
Memphis lawyer Barry E. Gilmore was suspended by the Tennessee Supreme Court on Sept. 8 for one year, pursuant to Rule 9, Section 4.2, of the Rules of the Supreme Court. Gilmore was found to have violated disciplinary rules by his failure to communicate with clients; prosecute pending cases; properly notify clients, opposing counsel and the courts of a new business address after moving; and enter orders of withdrawal in cases where he ceased providing legal services to clients.
Read the full BPR release
Johnson City lawyer disbarred
Johnson City lawyer Arthur Scott Pratt was disbarred by order of the Tennessee Supreme Court on Sept. 8. Pratt was found to have violated the Rules of Professional Conduct by advising a client to perjure herself before a court. He was found in contempt for his actions. Further, Pratt demonstrated a pattern of failing to appear in court and leaving prematurely. In another matter, Pratt entered a guilty plea on behalf of a client that was not in accordance with the instructions of the client. Further, Pratt submitted an affidavit to the court that appears forged, left an obscene message on a newspaper reporter's answering machine, refused to return a file to a client and maintained a website that contained misleading information and legal advice.
Read the full BPR release
Upcoming
Wade to give Constitution Week address
Tennessee Supreme Court Justice Gary R. Wade will be a special guest lecturer at Northeast State Technical Community College on Sept. 18 as part of the school's Constitution Week activities, the Tri-Cities Times News reports. Wade's lecture begins at 10:30 a.m. in the Regional Center for the Performing Arts Theater at the College's main campus in Blountville. The event is free and open to the public.

NBA plans member picnic
The Nashville Bar Association's annual member picnic is coming up next week, on Thursday from 5:30 p.m. to 8:30 p.m. The event will again be at the Hall of Fame Park, located downtown in front of the Country Music Hall of Fame.
For more information or to register
TBA Member Services
CompuPay offers deals for TBA members
CompuPay is proud to serve as the official payroll services provider for the Tennessee Bar Association. To serve Tennessee attorneys the company is offering two months of free payroll processing for all TBA members and waiving set up fees for members with up to 99 employees.
Learn more about CompuPay's benefits

 
 
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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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