Tune in tomorrow for details on TBA's France history tour

Tune in tomorrow, Thursday, Sept. 10, from 5 to 5:30 p.m. (Central) for a webcast about TBA's France history tour. The presentation will highlight the trip itinerary and allow viewers to ask questions of tour leaders. The trip, scheduled for June 19-25, 2010, will take travelers from Paris to Giverny, Caen, Bayeux, Honfleur and other Normandy locations, sampling French cuisine, culture and architecture. Other highlights of the trip include the Normandy D-Day landing beaches, the Memorial Peace Museum in Caen, the American Cemetery at Omaha Beach, the Chateau of William the Conqueror, the famous Bayeux Tapestry, the island monastery Mont Saint-Michel, and the home and gardens of Claude Monet. Learn more about the trip or register 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.

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GINGER WISE, individually, and as next of kin of ANNE SMITH, deceased, v. HERITAGE ASSISTED LIVING d/b/a HERITAGE HOME FOR SENIORS, LP

Court: TCA

Attorneys:

Thomas Pinckney and Susan D. Bass, Nashville, Tennessee, for the Appellant, Heritage Assisted Living d/b/a Heritage Home for Seniors, LP.

Mark N. Geller and Carrie W. Smith, Knoxville, Tennessee, for the Appellee, Ginger Wise.

Judge: MCCLARTY

This appeal involves a Motion to Compel Arbitration. In the underlying wrongful death action, Ginger Wise ("Wise"), acting individually and as next of kin to her mother, the decedent Anne Smith ("Smith") sued Heritage Home for Seniors, LP ("Heritage"). Heritage filed a Motion to Compel Arbitration based upon an arbitration clause contained in the residency agreement ("Agreement"). The Agreement was signed by Wise when Smith was admitted to Heritage. Wise responded that she was not actually authorized to act as Smith's attorney-in-fact at that time because Smith had not been found incompetent by a physician and therefore the power-of-attorney never became effective. In the alternative, Wise argued that the arbitration clause was unconscionable. The trial court denied the Motion to Compel Arbitration and declined to rule on whether the arbitration clause was unconscionable. We affirm.

http://www.tba2.org/tba_files/TCA/2009/wiseg_090909.pdf


MARK ALLEN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Gregory D. Smith, Clarksville, Tennessee (on appeal); and Fletcher W. Long, Springfield, Tennessee (at hearing), for the appellant, Mark Allen.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and B. Dent Morriss, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Mark Allen, was convicted of one count of exhibition of materials harmful to a minor, one count of especially aggravated sexual exploitation, and one count of rape of a child, and sentenced to an effective sentence of twenty-four years. He filed a timely petition for post- conviction relief, asserting that trial counsel was ineffective. Following an evidentiary hearing, the post-conviction court dismissed the petition. After our review of the record, we affirm the dismissal.

http://www.tba2.org/tba_files/TCCA/2009/allenm_090909.pdf


STATE OF TENNESSEE v. JEROME ANTOINE BROWN

Court: TCCA

Attorneys:

Bert W. McCarter, Murfreesboro, Tennessee, for the Appellant, Jerome Antoine Brown.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Renee W. Turner, Assistant Attorney General; William Whitesell, District Attorney General; Laural Hemenway and Jude Santana, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

Pursuant to a plea agreement, the Defendant, Jerome Antoine Brown, pled guilty to possession of a Schedule II drug and tampering with evidence and received an effective sentence of twelve months in jail followed by ten years of probation. Subsequently, because the Defendant failed a drug screen and failed to report, the trial court found that the Defendant violated his probation, and ordered him to serve his sentence in prison. The Defendant now appeals, claiming that the trial court erroneously revoked his probation and that he received the ineffective assistance of counsel when he pled guilty. After a thorough review of the record and the applicable law, we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2009/brownj_090909.pdf


STATE OF TENNESSEE v. IVORY GRAY

Court: TCCA

Attorneys:

C. Anne Tipton, Memphis, Tennessee, for the appellant, Ivory Gray.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilbur, Assistant Attorney General; William L. Gibbons, District Attorney General; Tom Hoover, Assistant District Attorney General; and Alexia Fulgham, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

Defendant, Ivory Gray, was indicted in count one for the first degree premeditated murder of Derek Jones and in count two for the attempted first degree premeditated murder of Georglvekio Hampton. Following a jury trial, Defendant was found not guilty in count one of the indictment. The jury found Defendant guilty of attempted first degree premeditated murder in count two. Following a sentencing hearing, the trial court sentenced Defendant as a Range I, standard offender, to twenty years. On appeal, Defendant argues that (1) the evidence was insufficient to support his conviction of attempted first degree premeditated murder; (2) the trial court erred in its instructions to the jury on the definition of "reasonable doubt;" (3) the trial court erred in restricting Defendant's cross-examination of one of the State's witnesses; and (4) the cumulative effect of these errors denied Defendant his constitutional right to a fair trial. After a thorough review of the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/grayi_090909.pdf


STATE OF TENNESSEE v. CAREY HAYNES, JR.

Court: TCCA

Attorneys:

Martin E. Dunn, Dyersburg, Tennessee, for the appellant, Carey Haynes, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioner, Carey Haynes, Jr., was convicted of a Class B and a Class C felony involving the sale of cocaine and received an effective eighteen-year sentence. The only issue raised on direct appeal was ineffective assistance of counsel, which was deemed waived because it was not included in the motion for new trial. The petitioner has now filed seeking post-conviction relief, and the post-conviction court has granted the petitioner a delayed appeal and ruled that his claim of ineffective assistance of counsel was previously determined. As to the delayed appeal, we address whether the evidence was sufficient to support the petitioner's convictions and whether the petitioner's sentence was proper. We further address whether the post-conviction court properly denied relief. After careful review, we affirm the judgments from the lower courts.

http://www.tba2.org/tba_files/TCCA/2009/haynesc_090909.pdf


ANDRE' L. MAYFIELD v. JIM MORROW, WARDEN

Court: TCCA

Attorneys:

Andre' L. Mayfield, appellant, pro se.

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

Judge: TIPTON

The petitioner, Andre' L. Mayfield, appeals from the Bledsoe County Circuit Court's dismissal of his petition for habeas corpus relief. The State has moved to have this court summarily affirm the dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. We grant the motion and affirm the order of dismissal pursuant to Rule 20.

http://www.tba2.org/tba_files/TCCA/2009/mayfielda_090909.pdf


STATE OF TENNESSEE v. BRIAN SHONDELL ROBERSON

Court: TCCA

Attorneys:

Gene Honea (on appeal) and Trudy Bloodworth (at trial), Franklin, Tennessee, for the appellant, Brian S. Roberson.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Kim R. Helper, District Attorney General; and Sean B. Duddy, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

A Williamson County jury convicted the appellant, Brian Shondell Roberson, of one count of the sale of .5 grams or more of cocaine, a Class B felony. He was sentenced to thirty years as a career offender and fined five thousand dollars. On appeal, the appellant challenges the sufficiency of the convicting evidence. After reviewing the record, we affirm the appellant's conviction.

http://www.tba2.org/tba_files/TCCA/2009/robersonb_090909.pdf


STATE OF TENNESSEE v. JOHN L. TRULL

Court: TCCA

Attorneys:

Charles S. Kelly, Dyersburg, Tennessee, for the appellant, John L. Trull.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Garry G. Brown, District Attorney General; and Stephanie J. Hale and Edward L. Hardister, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, John L. Trull, pled guilty in the Crockett County Circuit Court to driving under the influence ("DUI"), third offense, and was sentenced to eleven months, twenty-nine days, with all but 120 days suspended. As a condition of his guilty plea, he reserved the following certified question of law: "Whether the arrest of the defendant was unconstitutional in violation of Article I, Section 7 of the Tennessee Constitution and the Fourth Amendment of the United States Constitution." Upon review of the record, we agree with the State that the certified question of law does not clearly state the scope and limits of the legal issue the defendant sought to reserve for appeal. Accordingly, we dismiss the appeal.

http://www.tba2.org/tba_files/TCCA/2009/trullj_090909.pdf


STATE OF TENNESSEE v. GERMAINE WHITLEY

Court: TCCA

Attorneys:

Robert Wilson Jones, District Public Defender; Donna Armstard, Assistant Public Defender; David Bell, Assistant Public Defender; and Garland Ergüden, Assistant Public Defender, Memphis, Tennessee, for the appellant, Germaine Whitley.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; Alonda Dwyer, Assistant District Attorney General; and Colin Campbell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Germaine Whitley, was found guilty of first degree premeditated murder and first degree felony murder, which the trial court merged into a single conviction for first degree premeditated murder. Defendant was sentenced to life with the possibility of parole. On appeal, Defendant challenges the sufficiency of the evidence. After a thorough review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/whitleyg_090909.pdf


JOHN A. WOODRUFF, SR. v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

John A. Woodruff, Sr., Only, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter, and Lacy Wilber, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioner, John A. Woodruff, Sr., appeals the denial of his petition for habeas corpus relief. The petitioner claims that he is being held unlawfully in that his sentence has expired and that due process demands his release after he was earlier mistakenly released by the Tennessee Department of Correction. After review, we affirm the trial court's denial of habeas corpus relief.

http://www.tba2.org/tba_files/TCCA/2009/woodruffj_090909.pdf


STATE OF TENNESSEE v. CHRIS L. YOUNG

Court: TCCA

Attorneys:

Jeffry S. Grimes, Clarksville, Tennessee, for the appellant, Chris L. Young.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; John Wesley Carney, Jr., District Attorney General; and Christopher Gene Clark, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Defendant, Chris L. Young, was convicted following a bench trial in the Circuit Court for Montgomery County of possession of one-half gram or more of cocaine with intent to sell, a Class B felony, unlawful possession of a weapon with intent to employ it in the commission of a felony, a Class E felony, and simple possession of marijuana, a Class A misdemeanor. He received an effective sentence of eight years on community corrections with 180 days to be served in jail. On appeal, the Defendant contends that the trial court erred by denying his motion for a judgment of acquittal after allowing the State's motion to reopen the proof. We hold that the trial court did not err in denying the Defendant's motion for a judgment of acquittal. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/youngc_090909.pdf


Authority of Counties and Municipalities to Prohibit Firearms in Parks Which They Own

TN Attorney General Opinions

Date: 2009-09-09

Opinion Number: 09-152

http://www.tba2.org/tba_files/AG/2009/ag_09_152.pdf

TODAY'S NEWS

Legal News
Politics
Supreme Court Report
Disciplinary Actions
Passages
TBA Member Services

Legal News
Mississippi seeks high court help in water fight
The state of Mississippi recently filed suit with the U.S. Supreme Court to settle the issue of whether Memphis is pumping too much water out of an aquifer shared by the two states. Mississippi claims Memphis has wrongfully taken up to 22 percent of its water supply since 1965. The petition seeks an order halting the practice and payment of damages of $1.23 billion.
Read the latest in the Paris-Post Intelligencer
Waller lobbyist hangs out his own shingle
Tom Lee, a high-profile member of Waller Lansden Dortch & Davis LLP's government relations team, has left the firm to open his own shop: BlairBlvd LLC. Lee joined Waller in 1996 and made partner in 2002. During his tenure he represented business groups as well as political candidates, serving as an adviser and strategist for the campaigns of Nashville Mayor Karl Dean and U.S. Senate hopeful Harold Ford Jr. He graduated from Vanderbilt University Law School in 1995.
The Nashville Post has more
Atlanta law firm warns of check scam
The Atlanta-based Fryer Law Firm is warning about a scam involving realistic-looking but phony checks sent to unsuspecting consumers. In the scam, checks carrying the firm's name, bank account information and watermark were sent to consumers asking them to spend $300 as mystery shoppers and return the rest. In another scenario, recipients were told they had won a sweepstakes but had to remit taxes on the winnings. Though the firm did not lose money, many consumers were held liable for the fraudulent funds.
Read more from CBS Atlanta
Mississippi public notices now available online
Mississippi newspapers are offering online access to hundreds of public notices published daily and weekly throughout the state. In conjunction with the Mississippi Press Association, the site offers easy access to notices ranging from county and municipal bids, to foreclosures and financial reports. All are searchable by county or category.
Visit the site at www.mspublicnotices.com
Chattanooga may make city attorney a city employee
Chattanooga city attorney Mike McMahan and members of his staff may become city employees just as the law firm is moving into space on the second floor of the City Hall Annex. The city has had a long-time arrangement with the McMahan firm, which has included payments for work and partial payment of office rent. The city finance director has said the city would save money with the change.
Chattanoogan.com has more
High school produces 3 Scopes trial films
Students from a New Hampshire high school are ready to release three documentaries about the 1925 Scopes trial. The films, geared to a teen audience, go beneath the surface of the case and present, according to the producers, a more accurate depiction than previous attempts. Two of the films will premier Sept. 20 in the Rhea County Courthouse.
The Chattanooga Times Free Press reports
Politics
Kelsey to resign House seat if nominated
State Rep. Brian Kelsey, R-Germantown, announced yesterday that if he is chosen as the Republican nominee for the state Senate seat, he will resign his House seat prior to Nov. 2 so voters can choose their next state representative. Resignation from the House after the primary but before the general election will trigger a special election and preclude an appointment by the county commission.
The News Sentinel's Humphrey on the Hill reports
Wharton skips candidate forum, 10 attend
Shelby County Mayor A C Wharton, considered by many to be the front-runner in the race to replace former Memphis mayor Willie Herenton, declined to take part in a candidate forum last night and was not available for comment, reports the Commercial Appeal.
Learn more about the forum
Supreme Court Report
Campaign finance gets new airing at high court
"Hillary: The Movie" returned to the Supreme Court today for the second time with the possibility of overhauling federal campaign laws. The issue at stake is whether the 90-minute movie, which criticized Clinton during the Democratic presidential primary, should be regulated as a campaign ad.
WATE News Channel 6 has the story
Disciplinary Actions
Three lawyers reinstated after paying BPR fee
Le'Dell Sanders Joiner of Las Vegas, Nev., John L. Ryan of Germantown, Tenn. and Courtney Trombly of Washington, D.C. have been reinstated to the practice of law in Tennessee after paying the 2009 BPR fee and required fines.
View all attorneys suspended and reinstated for 2009 fee violations
Passages
Services set for veteran Nashville attorney
Nashville attorney John Conners, the last survivor of the four founding members of Boult Cummings Conners & Berry, died yesterday at the age of 89. Conners practiced law with the firm from 1948 until a few years ago when ill health limited his activities. He earned his law degree from Vanderbilt Law School in 1948. Nashville lawyers are remembering him as a "great mentor," a "great role model," a "meticulous practioner," and the city's "preeminent plaintiff's lawyer" for 25 years.

The family will receive friends tomorrow, Sept. 10, from 11 a.m. to 1 p.m. with a funeral mass to follow at St. Henry Catholic Church, 6401 Harding Pike, Nashville, TN 37205. Burial will follow at Calvary Cemetery. In lieu of flowers, the family requests that contributions be made to Father Ryan High School, 700 Norwood Drive, Nashville, TN 37214; St. Henry Catholic Church; or a charity of one's choice.
Read more about Conners in the Nashville Post
TBA Member Services
Secure, compliant data backup service now available
The TBA's official data protection, backup and recovery vendor of choice, i365, offers secure online backup solutions. i365 minimizes downtime by backing up files quickly and easily, and helps lawyers remain compliant by maintaining file integrity. Get i365 and be confident your data is securely stored and protected. TBA members enjoy a 10 percent savings on all services. For more information on this member benefit Denise Lucas at (407) 523-9774.
Learn why lawyers trust i365 for online data backup solutions

 
 
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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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