New conditional admission rule adopted

The Tennessee Supreme Court has adopted a new rule permitting the Board of Law Examiners to work with the Board of Professional Responsibility and the Tennessee Lawyer Assistance Program to conditionally admit lawyers, upon a demonstration of sufficient rehabilitation and mitigation, whose previous conduct might have resulted in the denial of admission.

Read the order and amendment to TSC Rule 7 Section 10.5

TODAY'S OPINIONS
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STATE OF TENNESSEE v. ROBERT ALLEN BYRD

Court: TCCA

Attorneys:

Randall D. Fleming, Kingsport, Tennessee, for the appellant, Robert Allen Byrd.

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

Judge: WOODALL

Defendant, Robert Allen Byrd, entered a plea of guilty to theft of property valued at over $500.00, a Class E felony, and vandalism of property valued at less than $500.00, a Class A misdemeanor. Pursuant to the terms of the plea agreement, Defendant agreed to concurrent sentences of six years for the theft conviction as a Range III, persistent offender, and eleven months, twenty-nine days for the vandalism conviction, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied Defendant's request for alternative sentencing and ordered Defendant to serve the agreed upon sentences in confinement. On appeal, Defendant argues that the trial court erred in denying his request for alternative sentencing. After a thorough review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/byrdr_090309.pdf


STATE OF TENNESSEE v. TONEY DEANDRE CRUTCHER

Court: TCCA

Attorneys:

Randall E. Self, Fayetteville, Tennessee, for the Appellant, Toney Deandre Crutcher.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Benjamin A. Ball, Assistant Attorney General; Chuck Crawford, District Attorney General; Weakley E. Barnard, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Toney Deandre Crutcher, pled guilty to possession of more than .5 ounces of marijuana with the intent to sell and possession of more than .5 ounces of marijuana with the intent to deliver. The Defendant agreed to an eighteen-month sentence, with the trial court to determine the manner of service of his sentence. After a sentencing hearing, the trial court merged the intent to deliver conviction with the intent to sell conviction and ordered the Defendant, a Range I offender, to serve ninety days of his sentence in jail with the balance of the sentence to be served on probation. On appeal, the Defendant contends the trial court erred when it ordered him to serve part of his sentence in confinement. 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/crutchert_090309.pdf


STATE OF TENNESSEE v. DEMPSEY JACKSON

Court: TCCA

Attorneys:

Paul J. Springer, Memphis, Tennessee, for the appellant, Dempsey Jackson.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilbur, Assistant Attorney General; William L. Gibbons, District Attorney General; Scot A. Bearup, Assistant District Attorney General; and Vanessa King, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Dempsey Jackson, was convicted of one count of reckless aggravated assault, a Class D felony, and two counts of driving under the influence ("DUI"), a Class A misdemeanor. The trial court sentenced Defendant to three years, six months, for his felony conviction, to be served on probation after serving nine months in confinement in the county workhouse. The trial court merged Defendant's two DUI convictions into one DUI conviction and sentenced Defendant to ninety days in confinement for his misdemeanor conviction. The trial court ordered Defendant to serve his sentences concurrently for an effective sentence of three years, six months. On appeal, Defendant argues (1) that the evidence was insufficient to support his convictions; (2) that the State failed to adequately establish a chain of custody prior to the admission of his blood alcohol test results; (3) that the trial court erred by admitting certain evidence; (4) that the trial court erred in denying his request for a special jury instruction; and (5) that the trial court made an improper comment during closing argument. After a thorough review of the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/dempsey_090309.pdf


EVAY MARKEL KELLEY V. CHERRY LINDAMOOD, WARDEN

Court: TCCA

Attorneys:

Evay Markel Kelley, Clifton, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General, and T. Michel Bottoms, District Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

Petitioner, Evay Markel Kelley, appeals the trial court's denial of his petition for writ of habeas corpus. The State has filed a motion pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We grant the motion and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/kelleya_090309.pdf


STATE OF TENNESSEE v. DAMON JARRID LEE

Court: TCCA

Attorneys:

R. Dee Hobbs, Chattanooga, Tennessee (on appeal); and Kevin E. Johnson, Richmond, Virginia (at trial), for the appellant, Damon Jarrid Lee.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Robert Steve Bebb, District Attorney General; and A. Wayne Carter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Defendant, Damon Jarrid Lee, appeals from his convictions in a bench trial for forgery involving property valued at least $10,000 but less than $60,000, a Class C felony, and forgery involving property with a value less than $1000, a Class E felony. He was sentenced to three years of probation and one year of probation, respectively, to be served concurrently as a Range I, standard offender, for an effective sentence of three years' probation. On appeal, he challenges the sufficiency of the evidence to convict him of the offenses, specifically evidence of fraudulent intent. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/leedamonj_090309.pdf


TODAY'S NEWS

Legal News
Politics
TBA Member Services

Legal News
Judicial ex parte for drug courts to be considered
The Tennessee Supreme Court has published for comment a proposal to amend the commentary of Tennessee Supreme Court Rule 10, Canon 3(B)(7)(e) to permit problem-solving courts, such as mental health or drug courts, to engage in what might otherwise be considered ex parte communications. The proposal envisions a more interactive role with those involved. The deadline for written comments on this proposal is October 26, 2009.
Read the details of the proposal
Bankruptcy judges air frustration toward mortgage servicers
Federal bankruptcy judges are growing increasingly frustrated with mortgage servicers, which process payments for banks and the investors who own large pools of loans. In recent months, judges in Arizona, Ohio and Pennsylvania have chastened mortgage servicers for failing to process payments properly and for errors in foreclosure filings, among other concerns.
Read more in the New York Times
Nashville lawyer jailed after contempt appeal fails
Nashville attorney Fred Ramos is serving a 10-day jail sentence after two failed attempts to appeal a contempt of court conviction. Ramos, who has held a law license since 1984, also has been suspended from practicing law for three years by the Tennessee Supreme Court's Board of Professional Responsibility.
Read more in the Tennessean
Politics
Memphis mayoral race draws crowded field
The race to replace longtime Memphis Mayor Willie Herenton promises to be interesting, with 36 candidates filing for the Oct. 15 special election by Thursday's deadline. The field is a mix of well-known contenders -- Shelby County Mayor A C Wharton and Mayor Pro Tem Myron Lowery among them -- and relative unknowns and eccentrics, including Robert "Prince Mongo" Hodges, who claims to hail from the planet Zambodia.
Read more in the Commercial Appeal
TBA Member Services
Get Connected: Sign up for TBA Connect today
Join your colleagues on the TBA's new Social Networking platform for members called TBA Connect. This service provides many of the same features of mainstream sites such as Linked In or Facebook, but access is limited to members of the Tennessee Bar Association and approved guests.
Join TBA Connect now
New resources available for TBA members
The TBA Law Office Technology & Management Section has purchased a collection of resource materials to be added to the TBA Lending Library for use by all members. Those materials include:

-- Letters for Litigators: Essential Communications for Opposing Counsel, Witnesses, Clients and Others
-- Letters for Lawyers: Essential Communications for Clients, Prospects and Others, Second Edition
-- Risk Management: Survival Tools for Law Firms, Second Edition
-- The 2009 Solo & Small Firm Legal Technology Guide: Critical Decisions Made Simple
-- The Lawyer's Guide to Adobe Acrobat, Third Edition (Covers Adobe Acrobat 8.0)
-- The Lawyer's Guide to Collaboration Tools & Technologies: Smart Ways to Work Together + CD-ROM Supplement
-- The Lawyer's Guide to Governing Your Firm
-- The Lawyer's Guide to Marketing on the Internet, Third Edition
-- The Lawyer's Guide to Microsoft Excel 2007
-- The Lawyer's Guide to Microsoft Outlook 2007
-- The Lawyer's Guide to Practice Management Systems Software, Second Edition

Books may be borrowed for up to two weeks. To request a book, please email Sharon Ballinger or call her at (615) 383-7421.


 
 
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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