Webcast will outline new IOLTA rules

New court rules will soon require all client funds held by a lawyer for a short time, or which are small in amount, to be placed in a special account with the interest going to the IOLTA Program of the Tennessee Bar Foundation. Join Bass, Berry & Sims attorney and Tennessee Bar Foundation Chair Riney Green for a one-hour CLE webcast tomorrow (Tuesday) on the new rules and how they will affect your practice.

Find out more or register for this TennBarU webcast now

TODAY'S OPINIONS
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01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
10 - TN Court of Criminal Appeals
01 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2009/certlist_081009.pdf


CORINE BROADNAX, Individually and as heir and on behalf of the Estate of Mary Alice Johnson v. QUINCE NURSING AND REHABILITATION CENTER, LLC, ET AL.

Court: TCA

Attorneys:

Rebecca Adelman, Chase Pittman, Peter B. Winterburn, Memphis, TN, for Appellants

Michael C. Skouteris, Russell W. Lewis, IV, Memphis, TN, for Appellee

Judge: HIGHERS

The parties to a nursing home Admission Agreement dispute the enforceability of its arbitration provision. The trial court refused to enforce the arbitration provision. The nursing home appealed. For the following reasons, we reverse the decision of the circuit court and remand for entry of an order compelling arbitration.

http://www.tba2.org/tba_files/TCA/2009/broadnaxc_081009.pdf


GARY WAYNE GARRETT v. GEORGE LITTLE, Commissioner, et al

Court: TCA

Attorneys:

Gary Wayne Garrett, Nashville, TN, pro se

Robert E. Cooper, Sr., Attorney General and Reporter, Michael E. Moore, Solicitor General, Kellena Baker, Assistant Attorney General, Nashville, TN, for Appellee

Judge: HIGHERS

This appeal involves an inmate's claim that he is entitled to various types of sentence credits that would reduce his sentences and affect his parole eligibility date. The trial court granted summary judgment to the Tennessee Department of Correction, finding that the inmate was not entitled to any additional sentence credits. We affirm.

http://www.tba2.org/tba_files/TCA/2009/garrettg_081009.pdf


STATE OF TENNESSEE v. DANNY RAY ANDERSON

Court: TCCA

Attorneys:

Wendy S. Tucker, Nashville, Tennessee, for the appellant, Danny Ray Anderson.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Katrin N. Miller, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Danny Ray Anderson, pled guilty on January 31, 2008, to two counts of felony murder and was sentenced to two concurrent sentences of life without parole. On February 5, 2008, he filed a motion to withdraw his pleas of guilty based upon his claims that the pleas were the result of fear and misunderstanding and were not knowingly, understandingly, or voluntarily entered. After an evidentiary hearing, the trial court denied the motion. Following our review, we affirm the order of the trial court denying the motion to withdraw the pleas of guilty.

http://www.tba2.org/tba_files/TCCA/2009/andersond_081009.pdf


STATE OF TENNESSEE v. ROBERT LESLIE BROWN

Court: TCCA

Attorneys:

Larry Hagar, Madison, Tennessee, for the appellant, Robert Leslie Brown.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Kyle Anderson, Rebecca Schwartz, and Deborah Housel, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Robert Leslie Brown, was convicted by a Davidson County Criminal Court jury of driving under the influence ("DUI"), third offense, and violation of the implied consent law. For the DUI, he was sentenced to eleven months, twenty-nine days, suspended to probation after service of 120 days, fined $1100, and had his driving privileges revoked for three years. His driver's license was revoked for two years for violation of the implied consent law. On appeal, he argues that the trial court erred in denying his motion to suppress evidence based on an illegal stop of his vehicle and challenges the sufficiency of the evidence convicting him of driving under the influence. After review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/brownr_081009.pdf


STATE OF TENNESSEE v. CLIFFORD ERIC BURGESS

Court: TCCA

Attorneys:

Roger Eric Nell, District Public Defender; Crystal L. Myers (on appeal) and Rebecca F. Stevens (at trial), Assistant District Public Defenders, for the appellant, Clifford Eric Burgess.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Helen Young, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Clifford Eric Burgess, was convicted by a Montgomery County jury of five counts of rape of a child, a Class A felony, and was sentenced by the trial court to an effective twenty-five-year sentence in the Department of Correction. He raises six issues on appeal: (1) whether the indictment was insufficient for failing to provide specific dates of the offenses; (2) whether the trial court erred in denying the defendant's motion to suppress his statement to police; (3) whether the trial court erred in admitting into evidence a photograph of the shirtless defendant; (4) whether the evidence was sufficient to sustain the convictions; (5) whether the trial court imposed an excessive sentence; and (6) whether the trial court erred in denying the defendant's petition for writ of error coram nobis based on newly discovered evidence of the defendant's mental illness. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/burgessc_081009.pdf


STATE OF TENNESSEE v. DAVID A. FERRELL

Court: TCCA

Attorneys:

David A. Ferrell, Spencer, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; and Lisa Zavogiannis, District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The pro se defendant, David A. Ferrell, was convicted of failure to display a license, violation of the seatbelt law, and two violations of the vehicle registration law. The convictions arose from two indictments separated by five months. He was sentenced to thirty days in the county jail for his first violation of the registration law and for failure to display a license and to twenty days for his second violation of the registration law. Additionally, a $20.00 fine was imposed for his seatbelt law violation. His sentences were ordered to run consecutively. On appeal, he argues that the trial court did not have jurisdiction over his cases. After careful review, we affirm the judgments from the trial court.

http://www.tba2.org/tba_files/TCCA/2009/ferrelld_081009.pdf


STATE OF TENNESSEE v. CHRISTOPHER FRANKLIN

Court: TCCA

Attorneys:

Donna Orr Hargrove, District Public Defender; and Andrew Jackson Dearing, III, Assistant District Public Defender, attorneys for appellant, Christopher Franklin.

Robert E. Cooper, Jr., Attorney General and Reporter; Melissa Roberge, Assistant Attorney General; Charles Crawford, District Attorney General; and Michael D. Randles, Assistant District Attorney General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The defendant, Christopher Franklin, appeals from his Bedford County Circuit Court jury conviction of filing a false report, a Class C felony. The trial court sentenced the defendant to six years' incarceration as a Range II, persistent offender. In this appeal as of right, he argues that the evidence is insufficient to support his conviction. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/franklinc_081009.pdf


STATE OF TENNESSEE v. DARRYL JEROME MOORE

Court: TCCA

Attorneys:

Glenn R. Funk, Nashville, Tennessee, for the appellant, Darryl Jerome Moore.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and John Zimmerman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

Upon conditional guilty pleas, the Defendant, Darryl Jerome Moore, was convicted of one count of conspiracy to deliver 300 grams or more of cocaine; one count of conspiracy to deliver 300 pounds or more of marijuana; and one count of possession with intent to deliver 300 grams or more of cocaine, all Class A felonies. See Tenn. Code Ann. section 39-17-417(j)(5),(13)(A). He also conditionally pleaded guilty to one count of possession with intent to deliver ten pounds or more of marijuana, a Class D felony; one count of money laundering, a Class B felony; and one count of unlawful possession of a weapon as a result of having been previously convicted of a felony drug offense, a Class E felony. See Tenn. Code Ann. sections 39-14-903, -17-417(g)(2), -17-1307(b)(1)(B). He was sentenced as a Range I, standard offender and received twenty-five years for each of his three Class A felonies, twelve years for money laundering, four years for possession with intent to deliver ten pounds or more of marijuana, and two years for unlawful possession of a weapon. He was sentenced to serve each of these sentences consecutively to the others, for a total effective sentence of ninety- three years in the Department of Correction. As a term of his conditional plea of guilty, the Defendant reserved a certified question of law challenging the trial court's denial of his motions to suppress evidence seized by law enforcement. In this appeal, the Defendant contends that the trial court erred in denying his motion to suppress electronic surveillance evidence because: (1) the three relevant wiretap applications lacked probable cause as required by Tennessee Code Annotated section 40-6-304(c)(1); (2) those wiretap applications failed to demonstrate the necessity of electronic surveillance as required by Tennessee Code Annotated section 40-6-304(a)(3); (3) the wiretap applications failed to particularize probable cause for the interception of direct connect communications in addition to normal phone calls and were thus overbroad to the extent that such interception was authorized; (4) law enforcement failed to follow appropriate minimization procedures, as required by Tennessee Code Annotated section 40-6-304(e), including a failure to minimize calls using call waiting and call forwarding features; and (5) the State violated the sealing and confidentiality rules contained in Tennessee Code Annotated section 40-6-304(f). The Defendant also contends that the trial court erred in denying his motion to suppress the fruits of a search of his residence because: (1) police impermissibly searched areas of the residence without a warrant; and (2) the police's subsequently obtained warrant for further search of his residence did not contain probable cause. Finally, the Defendant argues that the trial court erred in ordering consecutive sentencing. After our review, we affirm the Defendant's convictions and sentences.

http://www.tba2.org/tba_files/TCCA/2009/moored_081009.pdf


THOMAS E. POPE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Thomas E. Pope, Nashville, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; and Deshea Dulany, Assistant Attorney General, Nashville, Tennessee, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The pro se petitioner, Thomas E. Pope, appeals as of right the Davidson County Circuit Court's summary dismissal of his petition for a writ of habeas corpus challenging his convictions for two counts of aggravated robbery and one count of carjacking. The petitioner alleges that the habeas corpus court should not have dismissed his petition for failure to pay the partial filing fee and that his judgments are void due to illegal sentences imposed in contravention to Blakely v. Washington. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/popet_081009.pdf


STATE OF TENNESSEE v. GREGORY DON SHAW

Court: TCCA

Attorneys:

Timothy W. Flohr, Greeneville, Tennessee, for the Appellant, Gregory Don Shaw.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Rachel West Harmon, Assistant Attorney General; C. Berkeley Bell, District Attorney General; Cecil C. Mills, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Greene County jury convicted the Defendant, Gregory Don Shaw, of one count of sale or delivery of less than 0.5 grams a Schedule II controlled substance. The trial court sentenced him as a Range I offender to five years in prison. The Defendant appeals, contending: (1) the trial court erred when it denied his motion for judgment of acquittal and motion for a new trial; (2) the trial court erred by admitting into evidence a voice recording that was not properly authenticated; (3) the trial court erred when it overruled the Defendant's objection to the chain of custody of the evidence; (4) the trial court erred when it sentenced him; and (5) the fine imposed by the trial judge was excessive. After thoroughly reviewing the record and applicable authorities, we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2009/shawg_081009.pdf


STATE OF TENNESSEE v. MELISSA STRICKLIN

Court: TCCA

Attorneys:

J. Daniel Freemon, Lawrenceburg, Tennessee, for the appellant, Melissa Stricklin.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; Mike Bottoms, District Attorney General; and Doug Dicus, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Melissa Stricklin, was charged with two counts of vehicular homicide by intoxication, a Class B felony. See Tenn. Code Ann. section 39-13-213(b)(2). She was tried by a jury and found guilty as charged. In this direct appeal, she contends that: (1) the State presented evidence insufficient to support the jury's verdicts of guilty beyond a reasonable doubt; (2) the trial court erred by allowing the jury to review selected portions of a witness' testimony; (3) the trial court erred by allowing testimony regarding federal methamphetamine law; (4) she was prejudiced by untrue testimony; (5) the State committed prosecutorial misconduct in its opening statement; (6) the trial court erred in failing to admit one victim's blood test results and in failing to provide those results to the jury during deliberations; and (7) the trial court erred in denying alternative sentencing. After our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/stricklinm_081009.pdf


STATE OF TENNESSEE v. AVERY WALKER

Court: TCCA

Attorneys:

Cara E. Lynn (on appeal) and John C. Colley (at hearing), Columbia, Tennessee, for the appellant, Avery Walker.

Robert E. Cooper, Jr., Attorney General and Reporter; Melissa Roberge, Assistant Attorney General; Mike Bottoms, District Attorney General; and Brent Cooper, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Avery Walker, appeals the trial court's revocation of his probation, arguing that he was denied his right to confrontation under Crawford v. Washington, 541 U.S. 36 (2004), because the declarant of the affidavit establishing that he tested positive for cocaine did not testify at the revocation hearing. After review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/walkera_081009.pdf


TRICOR Service Industry Partnerships with the Private Sector

TN Attorney General Opinions

Date: 2009-08-10

Opinion Number: 09-150

http://www.tba2.org/tba_files/AG/2009/ag_09_150.pdf

TODAY'S NEWS

Legal News
Legislative News
Your Practice
TBA Member Services

Legal News
Nominate someone for an access to justice award
The Tennessee Bar Association's Access to Justice Committee is soliciting nominations for the 2009-2010 Access to Justice Public Service Awards. The awards include the Ashley T. Wiltshire Public Service Attorney of the Year Award, the Harris Gilbert Pro Bono Award and the Law Student Volunteer Award. The deadline for nominations is Sept. 4.
Find out more and submit your nomination here
Wyatt firm launches labor, employment blog
Labor and employment attorneys with Wyatt Tarrant & Combs have launched the blog Wyatt Employment Law Report to track developments in state and federal employment laws. Attorneys in the Nashville office who will contribute include Michael D. Hornback, James C. Bradshaw, and D. Andrew Amonette. Louisville-based Wyatt has offices in Nashville, Memphis and several other Southern and Midwestern cities.
Follow this and other legal blogs through the TBA's Information Central
Editorial: Private hearings do not help court's image
In an editorial today, the Times Free-Press supports the five Hamilton County Sessions Court judges who agreed last week to clarify the priority of random assignment, and to make interference with that method subject to contempt of court proceedings. The move was in response to a case heard by Judge Ron Durby involving the son of Criminal Court Clerk Gwen Tidwell, which was held behind closed doors and then dismissed. "Judges should observe a strenuous standard for private hearings," the paper says. "Certainly the Tidwell case would not seem to meet the sort of threshold criteria the public would expect to qualify for special, secret handling."
Read the editorial
Sotomayor sworn in
Sonia Sotomayor, who rose from humble roots in a Bronx, New York, housing project to a high-powered legal career, was sworn in Saturday as the 111th justice of the U.S. Supreme Court.
See more from CNN.com
Editorial: Cutting prison numbers necessary way to save money
In an editorial today, the Commercial Appeal notes that Tennessee's plan to cut its prison population by 3,000 to save money shows that tough crime policies come with a steep cost. The paper agrees to the need to release non-violent offenders, and makes the point that "locking more people up is not a solution to the nation's crime problem. Dealing with the societal issues that lead to criminal behavior is more cost-effective."
Read the editorial
Legislative News
Power on the Hill apparently is an aphrodisiac
As the resignation of Republican Sen. Paul Stanley of Germantown becomes effective today, this Associated Press story discusses the temptations that exist on Capitol Hill. "Opportunity is the problem," former Tennessee Secretary of State Riley Darnell said. "And you get to thinking the rules don't apply to you."
The Tennessean carried the story
Your Practice
Where do law firm top dogs go when the firm collapses?
With so many law firms folding, The National Law Journal asks the obvious question, "What happens to their leaders?"
Read what they found out on Law.com
TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
or get an online rate quote

 
 
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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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