220 new lawyers enter profession in Nashville ceremony

More than 200 new lawyers were sworn into the practice of law today by the Tennessee Supreme Court. The ceremony in Nashville's War Memorial Auditorium was followed by an open house and luncheon at the Tennessee Bar Center sponsored by the TBA. Similar ceremonies were held earlier in Memphis and Jackson. This fall's final admission ceremony will be held tomorrow (Thursday) at the City-Count Building in Knoxville, starting at 8 a.m.
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
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
02 - TN Court of Criminal Appeals
00 - 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.

SHANE DEAN CROSS v. PEMBERTON TRUCK LINES, INC., ET AL.

Court: TWCA

Attorneys:

Robert M. Asbury, Knoxville, Tennessee, for appellants, Pemberton Truck Lines, Inc. and Cherokee Insurance Company.

James P. Smith, Jr., Crossville, Tennessee, for appellee, Shane Dean Cross.

Judge: BLACKWOOD

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) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal, Employer contends that the trial court erred in finding that Employee's expert and lay testimony established that his injuries arose out of and in the scope of his employment. Because the evidence does not preponderate against the findings, we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TSC_WCP/2008/crosss_111208.pdf


MARY AGNES FAGG v. HELEN C. BUETTNER

Court: TCA

Attorneys:

Larry L. Roberts and Amanda Raye Thornton, Nashville, Tennessee, for the appellant, Mary A. Fagg.

David J. White, Jr., Nashville, Tennessee, for the appellee, State Farm Mutual Automobile Insurance Company.

Judge: CLEMENT

In this action against an uninsured motorist, the trial judge dismissed the defendant insurance company from the lawsuit on the ground that plaintiff failed to fulfill her obligation to serve process upon the uninsured motorist pursuant to Tenn. Code Ann. section 56-7-1206. The defendant insurance company filed a motion to dismiss after plaintiff failed to file a fourth summons on the uninsured motorist within one year of the last unsuccessful attempt when plaintiff's first three attempts to obtain service of process on the uninsured motorist were returned "not to be found in my county." The trial court found that plaintiff's claims against the uninsured motorist were barred by the statute of limitations, dismissed the claims against the motorist, and subsequently granted the defendant insurance company's motion to dismiss. We have determined plaintiff fulfilled the obligations of Tenn. Code Ann. section 56-7-1206 and therefore, the trial court improperly dismissed plaintiff's claims against the defendant insurance company.

http://www.tba2.org/tba_files/TCA/2008/faggm_111208.pdf


MARCUS JOHNSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Juni S. Ganguli, Memphis, Tennessee, for the appellant, Marcus Johnson.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Tracye Jones, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Marcus Johnson, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his convictions for first degree felony murder, especially aggravated robbery, and aggravated assault. On appeal, he contends that he received the ineffective assistance of trial counsel. Based upon the record and the parties' briefs, we affirm the judgment of the post- conviction court.

http://www.tba2.org/tba_files/TCCA/2008/johnsonm_111208.pdf


ALLAN JOSEPH ROBLES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jim L. Fields, Paris, Tennessee, for the appellant, Allan Joseph Robles.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Hansel Jay McCadams, District Attorney General; and Beth Boswell-Hall, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Allan Joseph Robles, appeals the Henry County Circuit Court's denial of his petition for post-conviction relief from his conviction for aggravated sexual battery and resulting twelve-year sentence. On appeal, he contends that he received the ineffective assistance of counsel because his trial attorney failed to file a motion to suppress his confession to police. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2008/roblesa_111208.pdf


TODAY'S NEWS

Legal News
Legislative News
Politics
Supreme Court Report
TennBarU CLE
Disciplinary Actions
Upcoming
TBA Member Services

Legal News
Additional firms report pro bono efforts
In listing law firms with active, formal pro bono policies yesterday, TBA Today failed to list the following firms: Boult, Cummmings, Conners and Berry PLC in Nashville; and Butler Snow O'Mara Stevens & Cannada PLLC, Glankler Brown PLLC and the Hardison Law Firm PC in Memphis. We regret the inadvertent error and apologize to the many fine lawyers with those firms who foster greater access to justice. TBA encourages other firms with pro bono policies to email their information to TBAToday@tnbar.org so they too can be recognized in TBA Today and at the TBA's Annual Public Service Awards Luncheon set for Jan. 17 in the Tennessee State Capitol.
Learn more about model law firm pro bono policies
Final loan forgiveness rules released
The U.S. Department of Education has released final regulations for loan repayment assistance provisions enacted last year. The new law will help civil legal aid lawyers by completely forgiving their debt on certain student loans after 10 years of service, and lowering monthly loan payments for all holders of federally guaranteed student loans.
Read more about the program from Equal Justice Works
More firms offering flextime
More law firms are offering flextime, and the benefit may be gaining acceptance because more male lawyers are using it. What began as an accommodation for new mothers, has expanded recently to cover other scenarios. Learn more about what some are calling "the perk of the moment" in today's American Lawyer.
Law.com has the link
Legislative News
Naifeh remains candidate for Speaker
Tennessee House Speaker Jimmy Naifeh, D-Covington, said today he remains a candidate for the speakership in January despite Republicans' recently won majority and pledge to elect a Republican Speaker. In related news, House Majority Leader Rep. Gary Odom, D-Nashville, has announced he is running for House minority leader.
The Chattanooga Free Press has details
Politics
Wharton announces plans for mayoral race
Shelby County Mayor A C Wharton Jr. has confirmed to the Memphis Daily News that he is running for mayor of Memphis in 2011, but won't actively campaign yet. The office of mayor will be on the October 2011 ballot with the winner taking office Jan. 1, 2012, for a one-time-only term of three years.
Read about it here
Supreme Court Report
High court considers first amendment issues in monument dispute
The Supreme Court today heard arguments in a free-speech case that involves a religious group's plans to erect a monument in a city park. The group argues that it deserves access to the public square for its display because the park already hosts a statute of the Ten Commandments. The justices seemed reluctant to accept the group's argument that once government accepts one donation for display, it must accept them all. However, it also indicated that arguments provided by the city were too "simplistic."
SCOTUS Blog has the story
TennBarU CLE
Introduction to the Attorney Disciplinary Process
Need to know more about the attorney disciplinary process? Join Krisann Hodges, Disciplinary Counsel for the Board of Professional Responsibility, for a one-hour webcast tomorrow (Thursday) at noon central time. Hodges will provide a comprehensive review of Tennessee Supreme Court Rule 9 and discuss the composition of the Board of Professional Responsibility and Hearing Committees, the procedure for disciplinary investigations, the differences between private and public discipline, the procedure for formal hearings, and avenues for appealing a disciplinary decision.
Learn more or sign up now
Disciplinary Actions
Memphis lawyer reinstated
John Dudley Stuber of Memphis has been reinstated to the practice of law. He was suspended on Jan. 29, 2002.

Upcoming
Barrister's Ball on tap for Saturday
The Ben F. Jones chapter of the National Bar Association will present new officers and board members at its annual Barristers' Ball, a combined ceremony and fundraiser, Saturday at the Memphis Botanic Garden. President-elect Tiffany Johnson with The Cochran Firm will take office as president, while Barbara L. Deans with Linebarger Goggan Blair & Sampson LLP will move up from secretary to vice president and president-elect. The group also will present two awards at the event: Shelby County Mayor A C Wharton Jr. will receive the Outstanding Legal Service Award, and Mike Cody, a partner at Burch Porter & Johnson PLLC, will receive the Community Service award.
The Memphis Daily News has a profile of the chapter
TBA Member Services
Avis benefits 'try harder'
TBA members are offered a rental car discount through Avis. Enroll in the Avis Preferred Service at www.avisawards.com to bypass the rental counter and go directly to your car for a faster, easier rental experience. Enter code AWD# A570100.


 
 
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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.

© Copyright 2008 Tennessee Bar Association