 |
| Friday, January 30, 2009 |
|
| |
| |
Foundation awards $1.4 million in IOLTA grants
Fifty-five law-related organizations were awarded grants totaling $1.4 million from the Tennessee Bar Foundation recently through its IOLTA (Interest On Lawyers' Trust Accounts) program. The recipients are headquartered in 25 communities around the state and provide their services in many additional cities and counties. The awards range from $3,000 to $270,000.
Read more in the Crossville Chronicle
|
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
01 - 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.
|
|
|
|
|
|
W&T, INC., ET AL. v. CAROL HAM, ET AL.
Court: TCA
Attorneys:
Joe Weyant, (withdrawn) Clarksville, Tennessee for the appellants; Carol Ham, Clarksville, Tennessee, Pro Se, for the appellants, Carol Ham and B&B Properties; Daniel N. Thomas, Hopkinsville, Kentucky, for the appellant, David Brainard.
Lawrence R. Kulig, Boston, Massachusetts; Robert L. Delaney, Nashville, Tennessee, for the appellees, W&T, Inc., et al.
Judge: COTTRELL
Defendants appeal the trial court's grant of summary judgment to plaintiffs under the Uniform Enforcement of Foreign Judgments Act, based on the trial court's holding that the judgment rendered in Massachusetts was enforceable in Tennessee. Since Massachusetts had personal jurisdiction over defendants and the alleged fraud upon the court was not sustainable, we find no ground under Tenn. R. Civ. P. 60 that constitutes a defense to domestication of the judgment rendered in Massachusetts.
The grant of summary judgment is affirmed.
http://www.tba2.org/tba_files/TCA/2009/wtinc_013009.pdf
STATE OF TENNESSEE v. CARMI BINKINS
Court: TCCA
Attorneys:
Javier Michael Bailey, Memphis, Tennessee, for the appellant, Carmi Binkins.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; William L. Gibbons, District Attorney General; and Muriel Malone, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WOODALL
Following a jury trial, Defendant, Carmi Binkins, was convicted of two counts of attempted second degree murder, a Class B felony; two counts of especially aggravated kidnapping, a Class A felony; and one count of aggravated assault, a Class C felony. The trial court merged the aggravated assault conviction with one of the attempted murder convictions and sentenced Defendant as a Range I,
standard offender to twelve years for each of the attempted second degree murder convictions and to twenty-four years at 100 percent for each of the especially aggravated kidnapping convictions. The court ordered that the especially aggravated kidnapping convictions be served concurrently with the attempted murder convictions but consecutively to each other, for an effective sentence of forty- eight years at 100 percent in the Department of Correction. On appeal, Defendant argues that (1) his right to confrontation was violated when a crying victim was allowed to display his injuries to the jury despite being found incompetent to testify; and (2) the trial court provided erroneous instructions on the elements of especially aggravated kidnapping when answering a question from the jury. The State argues that the defendant has waived the issues by failing to include an adequate
record on appeal and that the trial court's jury instructions were proper. After a thorough review of the record, we affirm Defendant's convictions but remand to the trial court for entry of corrected judgment forms to reflect that count four is to be served concurrently with count two and that
Defendant's especially aggravated kidnapping sentences are to be served at 100 percent release eligibility.
http://www.tba2.org/tba_files/TCCA/2009/binkinsc_013009.pdf
Grant Contract Between the State of Tennessee and the Town of Erwin
TN Attorney General Opinions
Date: 2009-01-30
Opinion Number: 09-08
http://www.tba2.org/tba_files/AG/2009/ag_09_08.pdf
|
|
 |
|
| TODAY'S NEWS |
|
Legal News
Disciplinary Actions
TBA Member Services
|
| Legal News |
| Knoxville official steps down to accept appointment |
| Knoxville Vice Mayor Mark Brown announced today he will resign his term-limited City Council seat to accept an appointment as a Knox County judicial commissioner. Brown, a private practice lawyer and second-term councilman representing Knoxville's 6th District, has less than a year left in office, the News Sentinel reports.
|
|
| Memphis lawyer prepares for treasurer post |
| While David Lillard arrives in Nashville largely a political unknown in much of the state, those who have worked with the newly selected state treasurer in Memphis praise his work on the Shelby County Board of Commissioners and ability to reach across party lines.
|
Read more about Lillard in the Memphis Daily News
|
| Bias suit settled; Metro to change zoning, pay fine |
| The U.S. Justice Department has settled a discrimination lawsuit filed against Metro Nashville government for blocking a substance abuse treatment program from locating in Goodlettsville. The agreement requires Metro to rescind a change in its zoning laws that prevented a Christian treatment program from using the property. The city also must pay a $20,000 fine, pay $50,000 to participants in the program, and train about 100 employees who make zoning and land-use decisions on the requirements of federal anti-discrimination laws. |
Read more in the Tennessean
|
| Commissioners approve money to put Monroe County clerks on call |
| Monroe County commissioners decided to try out a new plan for having county clerks on call during off hours to swear warrants. The clerks would rotate being on call and receive an extra $500-$600 for each week they are on call. |
Read more about the plan in the Advocate & Democrat
|
| Disciplinary Actions |
| Nashville lawyer censured |
| Cynthia J. Bohn of Nashville received a Public Censure from the Board of Professional Responsibility on Jan. 26 for conduct that was found to be in violation of the Rules of Professional Conduct 4.4(a). |
Read the full BPR release
|
| Bolivar lawyer censured |
| Wayne T. DeWees of Bolivar received a Public Censure from the Board of Professional Responsibility on Jan. 26 for conduct in violation of Rules of Professional Conduct 3.3(a) by failing to advise the Chancery Court of Hardeman County of material facts known to the Respondent. |
Read the full BPR release
|
| Williamson County lawyer temporarily suspended |
| Williamson County lawyer Parrish Stanton was temporarily suspended from the practice of law by the Tennessee Supreme Court after it found that he failed to respond to a complaint of misconduct. Stanton has been on administrative suspension for failure to comply with continuing legal education requirements since August 2008.
|
Read the full BPR release
|
| 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 2009 Tennessee Bar Association
|
|
|
