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| Friday, July 17, 2009 |
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Free Fastcase CLE helps build research skills
A free online training session will be held this Tuesday to help TBA members make better use of their online research access through Fastcase. The one-hour CLE webinar begins at noon Central time. This service is part of the TBA's partnership with Fastcase, a leading online legal research firm, that provides online legal research free to all Tennessee Bar Association members. The TBA member benefit is national in scope and offers members unlimited usage, unlimited customer service and unlimited printing -- all at no cost.
See a schedule of upcoming courses now
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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
03 - TN Court of Appeals
04 - 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.
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100 OAKS PLAZA, LLC., v. WISSAM HARIS d/b/a GYROS
Court: TCA
Attorneys:
Wissam Haris, pro se.
Robert A. Guy, Jr., and Ryan K. Cochran, Nashville, Tennessee, for Appellee.
Judge: FRANKS
The tenant appeals the termination of his lease by his landlord. The undisputed evidence conclusively negated an element of the tenant's claim that his lease continued. We affirm the summary judgment the Trial Court granted to the landlord.
http://www.tba2.org/tba_files/TCA/2009/100oaks_071709.pdf
IN RE Nathan P., Cassandra A., and Randy A.
Court: TCA
Attorneys:
Sally C. Love, Cleveland, Tennessee, for the Appellant, Pamela M.A.
Robert E. Cooper, Jr. Attorney General and Reporter, and Jill Z. Grim, Assistant Attorney General, Nashville, Tennessee, for the Appellee, State of Tennessee Department of Children's Services.
Joseph K. Byrd, Cleveland, Tennessee, guardian ad litem.
Judge: MCCLARTY
The State of Tennessee Department of Children's Services ("DCS") filed a petition seeking to terminate the parental rights of Pamela M.A.("Mother") to the minor children: Nathan P.,1 2 Cassandra A., and Randy A. After a bench trial, the Trial Court found and held, inter alia, that the
State had proved by clear and convincing evidence that grounds for termination exist pursuant to Tenn. Code Ann.sections 36-1-113 (g)(2),(3),(8)&37-2-403(a)(2), and had proved by clear and convincing evidence that termination of Mother's parental rights is in the children's best interest. Mother appeals the Trial Court's termination of her parental rights. For the reasons set forth in this opinion, we affirm.
http://www.tba2.org/tba_files/TCA/2009/nathanp_071709.pdf
STATE OF TENNESSEE v. R.D.S., A Juvenile
Court: TCA
Attorneys:
Joseph D. Baugh, Franklin, Tennessee, for the Appellant, R.D.S.
Robert E. Cooper, Jr., Attorney General and Reporter, and Melissa Roberge, Assistant Attorney General, for the State of Tennessee.
Judge: FARMER
Upon remand from the Tennessee Supreme Court, the trial court determined that the Sheriff's Deputy assigned to a Williamson County high school as its School Resource Officer was also a school official, and that the "reasonable suspicion" standard therefore applied to her search of a student's vehicle on school property. We reverse and remand for further proceedings.
http://www.tba2.org/tba_files/TCA/2009/rds_071709.pdf
STATE OF TENNESSEE V. GLENN EUGENE ARMES
Court: TCCA
Attorneys:
Michael W. Ritter, Oak Ridge, Tennessee, for the appellant, Glenn Eugene Armes.
Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Russell Johnson, District Attorney General; Scott McCluen, Assistant District Attorney General; and Frank Harvey, Assistant District Attorney General, for the appellee, the State of Tennessee.
Judge: WOODALL
Defendant, Glenn Eugene Armes, presents for review a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2). Defendant entered a plea of guilty to arson and simple possession of a controlled substance. The trial court sentenced Defendant to nine years for arson and eleven months and twenty-nine days for simple possession to be served consecutively. As a condition of his guilty plea, Defendant properly reserved a certified question of law as to whether he was subjected to an unconstitutional traffic stop. After a review of the record, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2009/armesg_071709.pdf
STATE OF TENNESSEE v. TONY EDWARD BIGOMS
Court: TCCA
Attorneys:
Robin Ruben Flores, Chattanooga, Tennessee, for the appellant, Tony Edward Bigoms.
Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; William H. Cox, III, District Attorney General; and Boyd M. Patterson, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, Tony Edward Bigoms, appeals from his conviction by a jury in the Criminal Court for Hamilton County for attempted aggravated sexual battery, a Class C felony. The trial court sentenced the Defendant to six years' incarceration as a Range II, multiple offender. On appeal, the Defendant contends that the evidence was insufficient to convict him, that the trial court committed
plain error when it excluded evidence of a magistrate's finding of no probable cause for an arrest warrant to issue, and that the current sentencing practice for a judge to find enhancement factors beyond a reasonable doubt does not comport with State v. Gomez, 239 S.W.3d 733 (Tenn. 2007),
and Cunningham v. California, 549 U.S. 270 (2007). We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2009/bigomst_071709.pdf
STATE OF TENNESSEE v. TALMADGE WAYNE BRADLEY
Court: TCCA
Attorneys:
Edward J. Gross, Nashville, Tennessee, and Gene Honea, Frankin, Tennessee, for appellant, Talmadge Wayne Bradley.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; and Mike Bottoms, District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
Appellant, Talmadge Wayne Bradley, pled guilty in Lawrence County to one count of possession of a Schedule III substance with intent to sell. The trial court held a separate sentencing hearing. At the conclusion of the hearing, the trial court determined that enhancement factor (14), abuse of a position of public trust applied to Appellant. Appellant was sentenced to four years, one year to be served in incarceration and the remainder to be served on probation. Appellant appeals arguing that the enhancement factor was incorrectly applied. After a thorough review of the record, we have determined that enhancement factor (14) was applied inappropriately to Appellant. Therefore, we modify Appellant's sentence to two years.
http://www.tba2.org/tba_files/TCCA/2009/bradleyt_071709.pdf
STATE OF TENNESSEE v. MATTHEW DION SANDERS
Court: TCCA
Attorneys:
Dana M. Ausbrooks, assistant Public Defender, Franklin, Tennessee, for the Appellant, Matthew Dion Sanders.
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Matthew Bryant Haskell, Assistant Attorney General; Kim Helper, District Attorney General; Mary K. White, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
The Defendant, Matthew Dion Sanders, pled guilty to one count of attempted aggravated robbery, and the trial court sentenced him as a Range II offender to eight years in prison. On appeal, the Defendant contends that the trial court erred when it sentenced him to eight years and
when it denied him an alternative sentence. After a thorough review of the evidence and the applicable authorities, we affirm the trial court's judgment.
http://www.tba2.org/tba_files/TCCA/2009/sandersm_071709.pdf
County Commission Authority over Equipment and Personnel in Elected Officials' Offices
TN Attorney General Opinions
Date: 2009-07-17
Opinion Number: 09-125
http://www.tba2.org/tba_files/AG/2009/ag_09_125.pdf
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| TODAY'S NEWS |
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Legal News
Disciplinary Actions
TBA Member Services
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| Legal News |
| Davies asks for Palin's records |
| Knoxville attorney Wade Davies is seeking on behalf of University of Tennessee student David C. Kernell a host of records and information from Alaska Gov. Sarah Palin and her administration in his bid to defend Kernell on charges that he improperly accessed the 2008 GOP vice presidential nominee's private e-mail account.
U.S. Magistrate Judge Clifford Shirley sounded surprised at the scope of the requested information.
"You want every record on her computer that has to do with voluntary disclosure?" Shirley asked.
Davies countered that among the charges Kernell faces is that he invaded Palin's privacy when he used publicly available information to essentially guess her password and then change it to gain access to her e-mail account.
Shirley gave Davies a July 27 deadline to narrow his subpoena request or present proof of the records' relevance and admissibility. |
The News Sentinel has the story
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| Wright selected as Mt. Juliet city court judge |
| Mt. Juliet city commissioners selected Lebanon city attorney Andy Wright as the new city court judge. Wright is a graduate of the Nashville Law School where he obtained his degree while working for the Metro Nashville Police Department. He will hear primarily traffic and city codes violations in Mt. Juliet.
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The Tennessean reports
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| Sotomayor hearings end on a nice note, confirmation likely |
| Senate Judiciary Committee questioning of Supreme Court nominee Sonia Sotomayor ended coridally Thursday
with
Republicans joining Democrats in praising her demeanor and thoughtfulness -- even as GOP senators expressed frustration that she had not fully answered their concerns.
Her confirmation seems assured, as Republicans pledged not to filibuster her nomination and a committee vote is likely to come before the end of July. |
The National Law Journal tells the story
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| Committee to investigate if CIA broke law about secret 'hit team' program |
| House Intelligence Committee Chairman Rep. Silvestre Reyes says his panel will investigate whether the CIA broke the law by not telling Congress earlier about a secret program to deploy hit teams to kill individual al-Qaida members.
"This investigation will focus on the core issue of how the congressional intelligence committees and Congress are kept fully and currently informed," Reyes said in a statement issued today. |
National Public Radio reports
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| Shelby clerk asks for ruling on validity of 'international driver's license' |
| The "international driver's license" doesn't give the immigrants who buy it the right to drive, but Shelby County Clerk Debbie Stamson confirmed Thursday that her office has been accepting the document as identification for transactions such as buying a license plate. "I'm just not comfortable with it, but we'll see what (the state) says," Stamson said. She has asked the state for an opinion, she said, on whether her office should continue taking the international driver's license. |
Read about it in The Commercial Appeal
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| Humphreys: Lawyer by day, sculptor by night |
| By day Cecil Humphreys practices law at the Memphis law firm Glankler Brown, maintaining a general business practice. In his spare time, he is an artist specializing in
cast bronze bowls and sculptures found in high-end homes throughout the Memphis area and beyond.
"I create my pieces the same way it was done 3,000 years ago," Humphreys said. "The only difference is the materials have gotten a little better." |
Find out more in the Commercial Appeal
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| Disciplinary Actions |
| Lawyer practicing while suspended violates TCPA, UPL |
| Michael H. Sneed of Nashville has agreed to be enjoined and to no longer practice law while his license is suspended. He was suspended from the practice of law for 18 months on Feb. 24. Tennessee Attorney General Bob Cooper filed suit against him, alleging that by continuing to act as an attorney and advertise his services after his suspension Sneed was violating the Tennessee Consumer Protection Act. The state's complaint also alleges that Sneed's actions violated Tennessee's Unauthorized Practice of Law statutes. |
Read the attorney general's news release
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| TBA Member Services |
| Unlimited free online legal research for TBA members |
| Online legal research is now available free to all Tennessee Bar Association members through an agreement with Fastcase, a leading online legal research firm. The TBA member benefit is national in scope and offers TBA members unlimited usage, unlimited customer service and unlimited printing -- all at no cost. |
Access Fastcase now
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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 2009 Tennessee Bar Association
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