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Court: TCA


Luvell L. Glanton and Tusca R.S. Alexis, Nashville, Tennessee, for Appellants, Victoria Masters and Michael Masters.

Cyrus L. Booker and James O. Williamson, Nashville, Tennessee, for Appellees, Wal-Mart Stores East, L.P.


Plaintiff, a customer, slipped and fell on a wet floor in defendants' store. The Trial Court granted defendants summary judgment. On appeal, we vacate the summary judgment and remand.



Court: TCA


Ginger Wilson Buchanan, Cleveland, Tennessee, for Appellant, Polk County, Tennessee.

Christopher W. Connor and Trey Jackson, Maryville, Tennessee, for Appellee, John Moscheo. Christopher W. Connor and Trey Jackson, Maryville, Tennessee, for Appellee, John Moscheo.


This appeal relates to another installment in the saga of the privilege tax on whitewater amusements in Polk County, Tennessee. The trial court granted summary judgment, finding, pursuant to 33 U.S.C. section 5(b), that the Ocoee River is a navigable waterway subject to the authority of the United States and that the county's privilege tax is preempted by federal law and is, therefore, invalid. We affirm.



Court: TCCA


Robert Wilson Jones, District Public Defender; Barry W. Kuhn (on appeal) and Michael J. Johnson (at trial), Assistant Public Defenders, for the appellant, Richard Price.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; William L. Gibbons, District Attorney General; and D. Gregory Gilbert, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Richard Price, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and sentenced to twenty years as a Range II, multiple offender. On appeal, he argues that the trial court erred in declining to grant a mistrial after a witness testified that he attempted to speak to the defendant and challenges the sufficiency of the evidence and the sentence imposed by the trial court. After review, we affirm the judgment of the trial court.



Court: TCCA


Mario Jose Richards, Henning, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; and John H. Bledsoe, Senior Counsel, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Mario Jose Richards, was convicted of second degree murder in 1998 and sentenced to twenty years as a violent offender. Apparently, he filed two petitions for post-conviction relief in 2001 and a third, the dismissal of which is the basis for this appeal, in 2009. The post-conviction court dismissed the petition without a hearing. The State has filed a motion requesting that this court affirm the lower court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. We conclude that the State's motion is well-taken and, accordingly, affirm the denial of post-conviction relief.



Legal News
Supreme Court Report
Disciplinary Actions
TBA Member Services

Legal News
Nominating commission to meet Sept. 23
The newly created Judicial Nominating Commission will hold its first meeting Sept. 23 at 9 a.m. CDT at the Administrative Office of the Courts in Nashville. The meeting is open to the public. The commission's first order of business will be to elect a chair and other officers, adopt bylaws, approve an announcement for judicial vacancies and approve a judicial application. The first vacancy the commission will consider is on the 30th Judicial District Circuit Court in Shelby County. Judge D'Army Bailey announced he would retire Sept. 15. The commission has 60 days from the retirement date to submit three nominees to the governor. The AOC reported the news today.

DOJ gearing up for civil rights push
The U.S. Department of Justice is gearing up for a renewed emphasis on traditional civil rights enforcement with a focus on cases that claim minorities are treated less favorably in arenas ranging from housing to hiring, reports the New York Times. Along with this new focus, the department plans to hire another 50 civil rights lawyers.
Read more
NAACP sues over Nashville schools rezoning
The NAACP is representing its first plaintiffs in a civil rights lawsuit over Metro Nashville Public Schools' massive rezoning plan, which went into effect this year and generally ended busing for racial balance. The suit claims that in one case, children returned to their neighborhood school did not have textbooks a week after classes began. The NAACP has long complained that the rezoning plan would resegregate city schools.
The Tennessean has more
Chattanooga lawyer to chair ABA group
Chattanooga lawyer Thomas Maxfield "Max" Bahner of Chambliss, Bahner & Stophel PC has been appointed chairman of the American Bar Association Senior Lawyers Division, which offers services and programs to meet the needs of lawyers age 55 and older, and all lawyers practicing in the field of elder law. Bahner has a long history of ABA involvement. He served nearly 17 years in the House of Delegates, leading the Tennessee delegation for nine years, and served on the ABA Board of Governors for four years.
Read more about Bahner at Chattanoogan.com
Judge denies BPR case against Cawood
Judge Jon Kerry Blackwood has denied the state Board of Professional Responsibility's attempt to overturn a hearing panel's decision that Kingston attorney and former state representative Chris Cawood did not violate professional conduct rules when he engaged in a sexual tryst. Blackwood agreed with the hearing panel that the behavior was inappropriate but did not violate rules of conduct. However, he noted that Tennessee does not have rules governing consensual sexual behavior, no matter how repulsive, by attorneys. He hinted in his ruling that the Supreme Court might give the issue its consideration.
The Roane Times has the story
Lawyer announces for Washington County mayor
Former Tennessee senator and practicing lawyer Don Arnold announced his candidacy for Washington County mayor yesterday. Arnold has held a number of elected and appointed positions throughout the years, including assistant district attorney general, special judge to the Tennessee Supreme Court, member of the Tennessee Supreme Court's Advisory Commission on Civil and Criminal Rules, president of the Washington County Bar Association and Johnson City mayor. He also served in the TBA House of Delegates.
The Johnson City Press has more
Supreme Court Report
Is Stevens next retiree?
U.S. Supreme Court Justice John Paul Stevens has hired only one law clerk for 2010, leading to speculation that he will announce his retirement at the end of the coming term. Court watchers say that justices usually have hired four law clerks by this time. At 89, Stevens is the second-oldest justice in the court's history and the seventh longest-serving justice with 34 years of service on the court.
The Associated Press reports
Disciplinary Actions
34 more lawyers suspended for fee violations
In the fifth suspension order filed this year by the Board of Professional Responsibility, 34 additional lawyers were suspended on Aug. 14 for failure to pay the annual licensing fee. Lawyers who since have paid the fee are noted as being reinstated.
See the list of all lawyers suspended to date
Murfreesboro lawyer pays fee
Murfreesboro lawyer Tony Lawrence Maples has paid the 2009 registration fee and associated penalties, which has resulted in the lifting of a suspension imposed on Aug. 14 for non-payment of BPR fees. However, he remains suspended due to failure to comply with CLE requirements.

TBA Member Services
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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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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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