6 names submitted for Performance Evaluation commission

The Tennessee Bar Association has recommended six lawyers to serve on the newly created Judicial Performance Evaluation Commission. The TBA Board of Governors voted to recommend the lawyers to Lt. Gov. Ron Ramsey and Speaker Kent Williams for appointment to the judicial performance body during a lengthy meeting on Thursday, Aug. 13. Those recommended are: Jeff DeVasher of the Metropolitan Public Defender's Office in Nashville; Stan Graham of Waller Lansden Dortch & Davis LLP in Nashville; David Johnson of Miller & Martin PLLC in Nashville; Bob Redding of Redding, Steen & Staton PC in Jackson; Mary Schaffner of Howell & Fisher PLLC in Nashville; and Max Williams of The Hayden Law Firm in Germantown.
TODAY'S OPINIONS
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2009/certlist_081709.pdf


DON R. DILLEHAY v. UNITED PARCEL SERVICE, INC.

Court: TWCA

Attorneys:

David T. Hooper, Nashville, Tennessee, for the appellant, United Parcel Service.

Timothy S. Priest, Winchester, Tennessee, for the appellee, Don R. Dillehay.

Judge: HARRIS

In this workers' compensation action, the employee alleged that he sustained injuries to his back and neck. He reported two separate injuries, about a month apart, that occurred in different counties. The employer accepted the back injury as compensable, but denied the neck injury. The trial court found both the back and neck injuries to be compensable, that the claim was not barred by the statute of limitations, and that venue was proper in the county of the first injury. The employer has appealed, alleging the trial court' findings were in error. We affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2009/dillehayd_081709.pdf


MARGARET GAIL MOORE v. MOUNTAIN EMPIRE OIL COMPANY

Court: TWCA

Attorneys:

Robert M. Asbury, Knoxville, Tennessee, for the appellant, Mountain Empire Oil Company.

James M. Davis, Morristown, Tennessee, for the appellee, Margaret Gail Moore.

Judge: HARRIS

In this workers' compensation case, the employee, Margaret Gail Moore, while working as a fuel clerk at a truck stop, was attacked and beaten during a robbery, suffering multiple injuries. Ms. Moore sought permanent disability benefits for physical and mental injuries. She presented testimony of two evaluating physicians, who estimated her total anatomical impairment at 62% to 82% to the body as a whole. The employer, Mountain Empire Oil Company, presented testimony of two evaluating physicians who estimated her impairment to be 14.5%. The trial court awarded 93% permanent partial disability to the body as a whole. The employer has appealed, contending that the trial court erred by basing its award on the testimony of the evaluating physicians presented by the employee. We affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2009/moorem_081709.pdf


BERNARD HUGHES v. DEMAR HUDGINS

Court: TCA

Attorneys:

John W. McClarty, Jeffrey W. Rufolo, Chattanooga, Tennessee, for the appellant, Bernard Hughes.

Scott A. Rhodes, Brentwood, Tennessee, for the appellee, Demar Hudgins.

Judge: COTTRELL

The plaintiff claimed that he suffered neck and back injuries after the automobile in which he was riding was rear-ended by the defendant's automobile. The defendant admitted breach of the standard of care, but the jury found that the plaintiff had suffered no damages as the result of the accident, and he was not awarded any recovery. The trial court awarded the defendant $645.95 in discretionary costs to cover the court reporter fees he incurred for depositions. The plaintiff argues on appeal that there was no material evidence to support the jury's verdict. For his part, the defendant argues that the trial court erred in declining to award him all of the discretionary costs he requested. We affirm the jury verdict, but we remand the issue of the award of discretionary costs.

http://www.tba2.org/tba_files/TCA/2009/hughesb_081709.pdf

CLEMENT concurring in part and dissenting in part
http://www.tba2.org/tba_files/TCA/2009/hughesb_CON_081709.pdf


IN RE: J. G. H., JR., DOB 11/04/05, A Child Under 18 Years of Age JAMES and TERI WOLFE v. JENNIFER LYNN DUCKHORN

Court: TCA

Attorneys:

W. Ray Glasgow, Memphis, TN, for Appellant.

Margaret A. Reid, Memphis, TN, for Appellees.

Judge: HIGHERS

This appeal involves the termination of a mother's parental rights to her son based on the ground of abandonment by willful failure to visit. Mother appeals, claiming that the trial court should have dismissed the termination petition because the petitioners lacked standing, or alternatively, because the petition failed to contain a notice provision required by Tennessee Rule of Civil Procedure 9A. Mother also claims that the trial court looked to the wrong four-month period when determining whether she failed to visit and erred in finding that her failure to visit was willful. She also claims that termination was not in her son's best interest. Finally, Mother claims that her due process rights were violated in various ways. We affirm.

http://www.tba2.org/tba_files/TCA/2009/jgh_081709.pdf

STAFFORD dissenting
http://www.tba2.org/tba_files/TCA/2009/jgh_DISS_081709.pdf


GARY CURTIS WHITWORTH v. PATRICIA GAYLE WHITWORTH

Court: TCA

Attorneys:

Jason C. Rose, Maryville, Tennessee, for appellant, Patricia Gayle Whitworth.

No other lawyers listed.

Judge: FRANKS

In this divorce action, the defendant, following the entry of the Divorce Decree, filed a Motion to Set Aside the Marital Property Settlement on the grounds that she did not agree to the same, and further was denied due process because she had no notice of a hearing resulting in the Divorce Decree. On appeal, we vacate and remand.

http://www.tba2.org/tba_files/TCA/2009/whitworthg_081709.pdf


GUADALUPE ARROYO v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Guadalupe Arroyo.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

The petitioner, Guadalupe Arroyo, appeals as of right from the Knox County Criminal Court's summary dismissal of his petition for post-conviction relief challenging his conviction for two counts of vehicular homicide. The post-conviction court dismissed the pro se petition for failure to state a factual basis in support of his allegation of ineffective assistance of counsel. On appeal, the petitioner argues that the post-conviction court should have given him "a reasonable opportunity to investigate and amend the petition" before dismissing the petition. Following our review, we conclude that the post-conviction court erred in summarily dismissing the petition after the appointment of counsel. Accordingly, we reverse the judgment of the post-conviction court and remand the case for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2009/arroyog_081709.pdf


THOMAS PLEAS ARWOOD, JR. v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Trisha Henegar, Shelbyville, Tennessee, for the Appellant, Thomas Pleas Arwood, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Frank Borger Gilligan, Assistant Attorney General; Charles Crawford, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Thomas Pleas Arwood, Jr., appeals the post-conviction court's dismissal of his petition for post-conviction relief. Petitioner was convicted by a Bedford County jury in December of 2002, of two counts of theft, two counts of burglary, and one count of evading arrest. Petitioner was also convicted in February of 2003, in a separate trial, of one count of theft. Petitioner was sentenced to an effective sentence of thirty-six years. On direct appeal, this Court affirmed the sentences and convictions. State v. Tommy Pleas Arwood, Jr., No. M2003-01125-CCA-R3-CD, 2007 WL 1890100, at *1 (Tenn. Crim. App., at Nashville, June 28, 2007). Petitioner subsequently filed a petition for post-conviction relief, in which he argued various grounds for relief. After a lengthy hearing, the post-conviction court denied Petitioner's request for relief. He appeals, arguing that the post-conviction court improperly dismissed the petition. After a review of the record, we determine that Petitioner has failed to show that he received ineffective assistance of counsel at trial or on appeal. Accordingly, the judgment of the post-conviction court is affirmed.

http://www.tba2.org/tba_files/TCCA/2009/arwoodt_081709.pdf


STATE OF TENNESSEE v. DENNIS BURNETT

Court: TCCA

Attorneys:

Charles G. Currier, Knoxville, Tennessee, for the appellant, Dennis Burnett.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; Jerry N. Estes, District Attorney General; and Chalmers Thompson (at trial) and James Stutts (at motion for new trial hearing), Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: THOMAS

A Monroe County jury convicted the defendant, Dennis Burnett, of second degree murder, and the trial court sentenced him to eighteen years in the Department of Correction. On appeal, the defendant argues that the trial court erred by: (1) refusing to grant a continuance based upon the defendant's medical issues; (2) refusing to grant a mistrial after a State's witness testified regarding information that had not been contained in his pretrial statements; (3) improperly informing the jury that a certain witness would testify when the trial court was aware that the witness was unavailable; and (4) refusing to grant a mistrial or call rebuttal witnesses after a co-defendant's witness offered perjured testimony. After reviewing the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/burnettd_081709.pdf

WITT concurring
http://www.tba2.org/tba_files/TCCA/2009/burnettd_CON_081709.pdf


STATE OF TENNESSEE v. STEPHANIE CAMPBELL

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee (on appeal), and Mack Garner, District Public Defender (at hearing), for the appellant, Stephanie Campbell.

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

Judge: WITT

The defendant, Stephanie Campbell, pleaded guilty in the Blount County Circuit Court to one count of theft of property valued at $1,000 or more but less than $10,000, a Class D felony, see T.C.A. sections 39-14-103, -105(3) (2006), and two counts of theft of property valued at more than $500 but less than $1,000, a Class E felony, see id. sections 39-14-103, -105(2). The trial court imposed an effective sentence of four years, to be served as five months' incarceration followed by probation. The trial court later revoked the defendant's probationary sentence and ordered the defendant to serve one year of incarceration followed by reinstatement to probation. It is from this order that the defendant appeals. Discerning no error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/campbells_081709.pdf


STATE OF TENNESSEE v. FRANK DODSON

Court: TCCA

Attorneys:

Phillip A. Condra, District Public Defender; and Vanessa King, Assistant District Public Defender, attorneys for appellant, Frank Dodson.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steven M. Blount, Assistant District Attorney General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The defendant, Frank Dodson, entered a guilty plea in the Franklin County Circuit Court to possession of cocaine, a Class C felony. At sentencing, the trial court imposed a Range I sentence of four years to be served on probation following the service of one hundred eighty days in the Franklin County Jail. In this appeal as of right, the defendant contends that the trial court erred in denying him full probation. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/dodsonf_081709.pdf


STATE OF TENNESSEE v. J. C. FAIR and KREDERICK FAIR

Court: TCCA

Attorneys:

Jerri D. Mauldin, Memphis, Tennessee, (on appeal) for the appellant, J. C. Fair; Jeff Woods, Memphis, Tennessee, (at trial) for the appellant, J. C. Fair; and James E. Thomas and Jason Poyner, Memphis, Tennessee, for the appellant, Krederick Fair.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; Colin Campbell, Assistant District Attorney General; and Michelle Parks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendants, J. C. Fair and Krederick Fair, were convicted of aggravated robbery, a Class B felony. Each Defendant was sentenced as a Range II, multiple offender, to eighteen years. On appeal, both Defendants argue (1) that the evidence was insufficient to support their conviction of aggravated robbery; (2) that the trial court erred in denying Defendants' motions for a mistrial; and (3) the trial court erred in its instructions to the jury. Defendant J. C. Fair also argues on appeal that the trial court erred in denying his motion to dismiss the indictment against him on the basis of prosecutorial vindictiveness and that the trial court erred in certain evidentiary rulings. After a thorough review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/fairj_081709.pdf


STATE OF TENNESSEE v. BRETT T. GAMMON

Court: TCCA

Attorneys:

Nat H. Thomas, Kingsport, Tennessee, for the appellant, Brett T. Gammon.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Janine M. Myatt, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

A Sullivan County Criminal Court jury convicted the defendant, Brett T. Gammon, of three counts of burglary of an automobile, see T.C.A. section 39-14-402 (2006), and three counts of theft of property valued at $500 or less, see id. section 39-14-103, -105. On appeal, he challenges only the trial court's denial of his request for probation and alternative sentencing. Because the appellate record does not contain all relevant transcripts, we presume the trial court's rulings are correct and affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/gammonb_081709.pdf


JEFFREY LEE HAMMONS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

David A. Collins, Nashville, Tennessee, for the appellant, Jefffrey Lee Hammons.

Robert E. Cooper, Jr., Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Kyle Anderson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Jeffrey Lee Hammons, appeals a Davidson County court's dismissal of his petition for post-conviction relief in which he alleged that he received ineffective assistance of counsel and that his guilty plea was unknowing and involuntary. After a review of the record, we conclude that Petitioner failed to show that his guilty plea was entered involuntarily or that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed.

http://www.tba2.org/tba_files/TCCA/2009/hammonsj_081709.pdf


STATE OF TENNESSEE v. JOHN HENRY HARPER, JR.

Court: TCCA

Attorneys:

Joseph F. Harrison, Blountville, Tennessee, for the appellant, John Henry Harper, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and James F. Goodwin, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, John Henry Harper, Jr., pleaded guilty in the Sullivan County Criminal Court to four counts of sexual battery by an authority figure, see T.C.A. section 39-13-527 (2003), four counts of incest, see id. section 39-15-302, and four counts of statutory rape, see id. section 39-13-506. The trial court imposed a plea-bargained effective sentence of seven years and denied the defendant's requests for probation or other alternative sentencing. It is from this order that the defendant appeals. Upon de novo review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/harperj_081709.pdf


STATE OF TENNESSEE v. DONALD KNIGHT

Court: TCCA

Attorneys:

John Driver, Assistant Public Defender, Murfreesboro, Tennessee, for the appellant, Donald Knight.

Robert E. Cooper, Jr., Attorney General and Reporter; Melissa Roberge, Assistant Attorney General; William Whitsell, District Attorney General, and Laurel Hemmingway, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Donald Knight, was indicted by the Rutherford County Grand Jury for felony murder and aggravated child abuse after the death of five-month-old T.J. Appellant was convicted by a jury of the lesser included offense of voluntary manslaughter and aggravated child abuse. He was sentenced as a Range I standard offender to five years at 30% for the voluntary manslaughter conviction. Appellant received a sentence of twenty years for the aggravated child abuse conviction, to be served at 100% in incarceration. The sentences were ordered to run concurrently. Appellant filed a motion for new trial that was denied by the trial court. On appeal, Appellant argues that the trial court improperly denied a continuance and that the evidence is insufficient to support the convictions. We determine that Appellant failed to show actual prejudice resulting from the denial of the continuance and that the evidence was sufficient to support the convictions. Accordingly, the judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2009/knightd_081709.pdf


PAUL NEIL LAURENT v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

James O. Martin, III, Nashville, Tennessee, for the appellant, Paul Neil Laurent.

Robert E. Cooper, Jr., Attorney General and Reporter; Melissa Roberge, Assistant Attorney General; Victor S. Johnson, District Attorney General, and Rob McQuire, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Paul Neil Laurent, was convicted by a judge of aggravated kidnapping, attempted aggravated sexual battery, aggravated sexual battery, two counts of sexual battery by an authority figure, and one count of attempted child neglect for which he received an effective sentence of seventeen years. State v. Paul Neil Laurent, No. M2005-00289-CCA-R3-CD, 2006 WL 468700 (Tenn. Crim. App., at Nashville, Feb. 27, 2006), perm. app. denied, (Tenn. Aug. 21, 2006). Petitioner filed a timely petition for post-conviction relief in which he argues that he received ineffective assistance of counsel at trial. The post-conviction court dismissed the petition after a hearing. After a review of the record, we determine that Petitioner has failed to establish that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed.

http://www.tba2.org/tba_files/TCCA/2009/laurentp_081709.pdf


STATE OF TENNESSEE v. SCOTT LEE MYERS

Court: TCCA

Attorneys:

C. Richard Hughes, Jr. (at trial and on appeal), District Public Defender; and Larry D. Wright (at trial), Assistant District Public Defender, for the appellant, Scott Lee Myers.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; R. Steven Bebb, District Attorney General; and Stephen M. Hatchett, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

A Bradley County jury convicted the defendant, Scott Lee Myers, of second degree murder. The defendant appeals, arguing that the trial court erred by improperly qualifying two police officers as expert witnesses and that the evidence was insufficient to sustain his conviction. Discerning no error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/myerss_081709.pdf


STATE OF TENNESSEE v. CANDICE PARRISH

Court: TCCA

Attorneys:

Gregory D. Gookin, Jackson, Tennessee, for the appellant, Candice Parrish.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Candice Parrish, pled guilty to theft of property over $1000, a Class D felony. Following her guilty plea, the trial court sentenced the defendant to a term of four years but granted her request for judicial diversion. Shortly thereafter, the defendant was found to be in violation of her diverted probationary sentence, and, following a sentencing hearing, the trial court removed the defendant from judicial diversion and sentenced her to four years in the Department of Correction. On appeal, the defendant contends that the court erred in ordering a sentence of total confinement. Following review of the record, we find no error and affirm.

http://www.tba2.org/tba_files/TCCA/2009/parrishc_081709.pdf


STATE OF TENNESSEE v. MICHAEL R. VANCE

Court: TCCA

Attorneys:

Robert Y. Oaks, District Public Defender; David Hall Crichton, Assistant Public Defender, Johnson City, Tennessee, for the Appellant, Michael R. Vance.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Anthony Wade Clark, District Attorney General; Fred Lance, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WOODALL

Defendant, Michael R. Vance, appeals the trial court's order revoking his community corrections sentence and ordering him to serve the balance of his sentence in the Department of Correction. After a thorough review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/vancem_081709.pdf


RONALD EDWARD WALKER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

J. Chase Gober, Nashville, Tennessee, for the appellant, Ronald Edward Walker.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Victor S. Johnson, District Attorney General, and Kathy Morante, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Ronald Edward Walker, sought habeas corpus relief for his convictions for aggravated kidnapping, aggravated assault, and robbery. Petitioner argued that his sentences were illegal because the trial court ordered the sentences to be served concurrently despite the fact that Petitioner was on bail for a burglary charge at the time he committed the offenses. While the petition for habeas corpus relief was pending, this Court issued an opinion in another one of Petitioner's cases. See Ronald E. Walker v. Ricky Bell, Warden, No. W2006-00644-CCA-R3-HC, 2007 WL 121730 (Tenn. Crim. App., at Jackson, Jan. 18, 2007) ("Walker I"). This Court concluded that Petitioner's sentences for aggravated kidnapping, aggravated assault, and robbery were illegal but determined that the error was "clerical" and did "not merit habeas relief." Id. at *4. The matter was remanded to the trial court for entry of corrected judgments. Id. The habeas corpus court in the case herein denied the petition for habeas corpus relief but granted Petitioner forty-five days to supplement the record with further documentation. Petitioner supplemented the record with additional documentation relating to his convictions. The habeas corpus court entered a "Supplemental Memorandum Opinion," in which it determined that Petitioner was not entitled to relief because of this Court's decision in Walker I. Petitioner now seeks an appeal of that decision. On appeal, Petitioner argues that the habeas corpus court improperly dismissed his petition and asks this Court to vacate the judgment of the trial court and remand the case for resentencing. After a review of the record, we determine that this Court has previously ruled on Petitioner's argument and that he is not entitled to habeas corpus relief. Accordingly, the judgment of the habeas corpus court is affirmed.

http://www.tba2.org/tba_files/TCCA/2009/walkerr_081709.pdf


TODAY'S NEWS

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Metro PD intern shot while on job
An intern with the Metro Public Defender's Office was shot today in the University Court housing project off Lafayette Street. Carrie Gleaves, 35, was shot in the arm while helping Assistant Public Defender Laura Dykes interview a client. Metro Public Defender Dawn Deaner said the injuries were not life-threatening.
The Tennessean reported this breaking news
Childers continues as CoLAP chair
Circuit Court Judge Robert L. Childers of Memphis was appointed by ABA President Carolyn B. Lamm to a third term as chair of the American Bar Association's Commission on Lawyer Assistance Programs (CoLAP) at the recent ABA annual meeting in Chicago. The commission was created to promote a healthy work-life balance and offer assistance to lawyers, judges and law students afflicted by addictions and emotional health issues. Childers has served on the 10-member commission since 1999.
Read more from the AOC
Conflict of interest alleged in Memphis
A Memphis attorney who has contracts with both the city's legislative and administrative branches is coming under fire for a possible conflict of interest. The attorney, Allan Wade, says there is no conflict and that he has a legal opinion to back it up. Brian Faughnan, chairman of the Tennessee Bar Association's Committee on Ethics and Professional Conduct, said conflicts must be judged case by case but said it can get sticky for an attorney representing both a chief executive and a board of directors if they have adverse interests.
The Commercial Appeal has more
Judge who closed door on appeals now facing charges
A Texas judge closed her office at 5 on the evening of a scheduled execution as lawyers frantically tried to file a last-minute appeal that could have halted the execution of a death row inmate. The appeal was never heard, and four hours later, convicted killer Michael Wayne Richard was executed. Now two years later Judge Sharon Keller is in court herself, facing charges that could end her career in a special trial that began today in San Antonio. Denying the rights of a condemned man is among five judicial misconduct charges that Keller, the presiding judge of the Texas Court of Criminal Appeals, is up against.
NewsChannel 5 carried this AP story
Happy 100th birthday, Mr. Brown
William G. Brown practiced law in Chattanooga for 25 years -- from 1933 to 1958. Last Friday, he celebrated his 100th birthday.
The Chattanoogan has the story
Your Practice
Are flat fees the wave of future?
In the current recession, companies are demanding more flexibility and certainty in legal fees in a bid to control costs. That's putting pressure on law firms -- and coaxing many to offer discounts.
Read about it in the Tennessean
Resume writing for older lawyers
For older attorneys in the job market, writing a resume has some slightly different rules.
The National Law Journal provides several strategies
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Let JobLink help you with your next career move
A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
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