KBA recognizes Reeves, installs Ramsey as president

The Knoxville Bar Association presented its prestigious Governor's Award to former TBA President Pamela L. Reeves this morning during its annual meeting. With more than 300 lawyers and judges in attendance, the KBA recognized Reeves as "one of the most admired and loved attorneys in the history of the Knoxville Bar Association" and also installed Thomas R. Ramsey III as its new president. In addition, the KBA named the rest of the elected leadership team and recognized, Maurice Guinn, Doug Lynn and O.E. (Sonny) Schow IV with President's Awards for taking on the task of inventorying the files of two deceased attorneys.

Read about the KBA's new leadership and more

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
03 - TN Court of Appeals
01 - 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.

IN RE C.C.S.

Court: TCA

Attorneys:

Judy A. Oxford, Franklin, Tennessee, for the appellant, J. T.

Douglas Earl Dimond, Nashville, Tennessee, for the appellee, Tennessee Department of Children's Services.

Robert Harry Plummer, Jr., Franklin, Tennessee, for the appellant, Guardian Ad Litem for Minor Child.

Judge: DINKINS

Mother appeals the Circuit Court's finding her in criminal contempt for violation of a court order and the Circuit Court's total suspension of contact between her and the child. Finding the criminal contempt to be proper, we affirm. Finding the total suspension of mother's visitation was not the least drastic measure available, we reverse and remand for the court to determine whether the prior visitation schedule should be revised.

http://www.tba2.org/tba_files/TCA/2008/ccs_121208.pdf


MICHAEL SKINNER v. KAREN THOMAS

Court: TCA

Attorneys:

Jon Steven Jablonski, Nashville, Tennessee, for the appellee, Karen Thomas.

Phillip Edward Schell, Franklin, Tennessee, for the appellant, Michael Skinner.

Judge: DINKINS

This is a post-divorce case where Father petitioned for modification of the child custody order based on alleged material change in circumstances. The Williamson County Circuit Court partially granted the petition finding a material change in circumstances, but that a change in custody from Mother to Father was in the best interest of only one of the children, leaving custody of the other child with Mother. Both Father and Mother assert error by the trial court. We affirm in part, reverse in part and remand this case for further proceedings.

http://www.tba2.org/tba_files/TCA/2008/skinnerm_121208.pdf


HUEY STRADER v. CHARLES TRAUGHBER, ET AL.

Court: TCA

Attorneys:

Rich Heinsman, Chattanooga, Tennessee, for the appellant, Huey Strader.

Robert E. Cooper, Jr, Attorney General and Reporter, Arthur Crownover, II, Senior Counsel, for the appellee, Charles Traughber and Tennessee Board of Probation and Parole.

Judge: DINKINS

Huey Strader, an inmate in the custody of the Tennessee Department of Corrections, filed a Petition for a Writ of Certiorari in Davidson County Chancery Court, seeking review of the decision of the Board of Probation and Paroles revoking his parole, alleging that the Board acted arbitrarily and illegally by relying on hearsay evidence and on a confidential witness statement, in violation of his constitutional rights to due process and rules applicable to parole revocation proceedings. The trial court denied relief. Finding no error, we affirm the decision of the Chancery Court.

http://www.tba2.org/tba_files/TCA/2008/straderh_121208.pdf


STATE OF TENNESSEE v. LUCKY HOLLANDSWORTH

Court: TCCA

Attorneys:

Dan T. Bryant, District Public Defender, and Trenena G. Wilcher, Assistant Public Defender, for the appellant, Lucky Hollandsworth.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Lisa Zavogiannis, District Attorney General and Thomas J. Miner, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Lucky Hollandsworth, was convicted by a jury in the Warren County Circuit Court of theft of property valued at $500 or less, a Class A misdemeanor. See T.C.A. sections 39-14-103 (2006) (theft of property); -105 (2006) (grading of theft). The defendant received a sentence of eleven months and twenty-nine days, with 150 days to be served in jail and the balance to be served on probation. In this appeal, the defendant contends (1) that the evidence is insufficient to support his conviction, (2) that the trial court erred in its jury instructions on identity, and (3) that the trial court erred in sentencing him. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/hollandsworthl_121208.pdf


TODAY'S NEWS

Legal News
Upcoming
TBA Member Services

Legal News
Bryant named to Jackson magistrate post
Former GOP congressman and federal prosecutor Ed Bryant has been appointed as a federal magistrate in Jackson. He replaces District Judge S. Thomas Anderson, who was appointed to the federal bench by President George W. Bush earlier this year. Magistrates are appointed to eight-year terms by federal judges in the district. They handle pretrial matters and can be assigned to preside over civil and misdemeanor criminal trials.
Read more in the Knoxville News Sentinel
Pay hike for federal judges goes down with automaker bailout
Efforts to win from Congress a cost-of-living adjustment (COLA) for federal judges fell apart this week with the failure of an automaker bailout bill in the Senate. Unlike other federal employees, federal judges must have their COLA increases approved by Congress.
Read more in the Blog of Legal Times
Court libraries set to close on Dec. 31
As part of the judicial system's budget-cutting process, the law libraries in the Jackson, Knoxville and Nashville Supreme Court buildings will close on Dec. 31. In addition to serving as a resource for judges and lawyers, the Tennessee Supreme Court Libraries have in the past been available for public use. That will continue until Dec. 31, although material may no longer be checked out.

Report puts blame on Rumsfeld, administration for detainee abuses
A Senate report endorsed by Democrats and Republicans concludes that decisions made by former Defense Secretary Donald Rumsfeld were a "direct cause" of widespread detainee abuses, and that top Bush administration officials were to blame for creating a legal and moral climate that contributed to inhumane treatment.
Read more in the Tennessean
Upcoming
Law school program will examine death penalty
The Tennessee Law Review will host the colloquium, "The Past, Present, and Future of the Death Penalty" on Feb. 6-7 at the UT College of Law. The colloquium will feature programming on the future of the death penalty in light of recent Supreme Court decisions; methods of execution; race and death-penalty populations; mental illness, disability, and the death penalty; innocence and post-conviction appeals; and death penalty administration in Tennessee. In addition, UT's Department of Theatre will present a special performance of the play "The Exonerated."
Learn more about the colloquium
TBA Member Services
Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more

 
 
Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php

Questions, comments: Email us at TBAToday@tnbar.org

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