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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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CUMMINGS INCORPORATED v. TERRY J. DORGAN, JR.

Court: TCA

Attorneys:

Andrew S. Naylor and Michael Rusie, Nashville, Tennessee, for the appellant, Cummings Incorporated.

Mark A. Baugh and Nancy A. Vincent, Nashville, Tennessee, for the appellee, Terry J. Dorgan, Jr.

Judge: KIRBY

This appeal involves an employment agreement and a non-compete covenant. The defendant sales representative was employed as a salesperson by the employer sign company. The parties executed an agreement setting out the structure of the employee's compensation, to be effective for three years. Prior to the expiration of the agreement, the plaintiff employer asked the employee to sign a new contract, changing his pay from straight commissions to salary plus commissions, as well as a separate two-year non-compete contract. The employee initially declined to sign the new contracts, but ultimately did so because he was told that he would be terminated if he refused. Over a year later, the employee quit to work for one of the plaintiff's competitors, and began soliciting his previous employer's largest account. The employer filed this lawsuit to enforce the non-compete contract. The employee asserted that the non-compete contract was unenforceable and filed a counterclaim, alleging breach of contract. After a bench trial, the trial court enforced the non- compete contract, but held that the new compensation contract, executed on threat of termination, was void because it was signed under duress. The trial court awarded the employee damages. The employer now appeals, arguing that the new compensation contract was not signed under duress. The employee argues on appeal that the non-compete contract is unenforceable, because it was not supported by consideration and was also signed under duress. We find that the defendant employee was an employee-at-will of the plaintiff company. On this basis, we reverse the trial court's finding that the new compensation contract was signed under duress, because threatening an at-will employee with termination does not constitute duress under the circumstances. We affirm the trial court's holding that the non-compete contract was enforceable.

http://www.tba2.org/tba_files/TCA/2009/dorgant_092409.pdf


JIMMY RICHARDSON v. TENNESSEE BOARD OF PROBATION AND PAROLE

Court: TCA

Attorneys:

Jimmy Richardson, pro se Appellant.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Kellena Baker, Assistant Attorney General, Nashville, Tennessee, for the Appellee, Tennessee Board of Probation and Parole.

Judge: SWINEY

Jimmy Richardson ("Petitioner") has been in prison for over thirty-three years and currently is confined at the Turney Center Industrial Complex in Only, Tennessee. After being denied parole for the fourth time and his administrative appeal from that decision also being denied, Petitioner filed a petition for writ of certiorari. Petitioner claimed, inter alia, that the decision to deny him parole was arbitrary and capricious and in violation of his due process rights. Because the petition was not properly verified as required by the applicable statutes, the defendant Tennessee Board of Probation and Parole (the "Board") filed a motion to dismiss. Petitioner thereafter filed a motion to amend the petition to include the required verification. However, the motion to amend was filed more than sixty days after the denial of his administrative appeal. The Trial Court dismissed the petition after finding that Petitioner did not file a properly verified petition within sixty days and, therefore, the Trial Court lacked subject matter jurisdiction over the petition. Petitioner appeals, and we affirm.

http://www.tba2.org/tba_files/TCA/2009/richardsonj_092409.pdf


STATE OF TENNESSEE v. ANGELO ALLEN

Court: TCCA

Attorneys:

Michael J. Gatlin, Memphis, Tennessee, for the appellant, Angelo Allen.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; William L. Gibbons, District Attorney General; and Byron B. Winsett, III, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Angelo Allen, was convicted of possession of cocaine and two counts of possession of marijuana, all Class A misdemeanors. The defendant was sentenced to eleven months and twenty- nine days for each conviction. The court ordered that the marijuana convictions be merged and that the remaining two convictions run concurrently, for a total effective sentence of eleven months and twenty-nine days. The defendant raises four issues on appeal: (1) the trial court improperly denied his motion to suppress; (2) count two of his indictment should have been dismissed; (3) venue was not established at trial; and (4) he was sentenced improperly. After careful review, we conclude that the motion to suppress was properly denied, count two was proper, and venue was established. However, we remand for affixing a percentage of the sentence to be served by the defendant.

http://www.tba2.org/tba_files/TCCA/2009/allena_092409.pdf


CHARLIE BURKS v. CHERRY LINDAMOOD, WARDEN AND STATE OF TENNESSEE

Court: TCCA

Attorneys:

Charlie Burks, Pro Se.

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

Judge: WELLES

The Petitioner, Charlie Burks, appeals the Wayne County Circuit Court's summary dismissal of his petition for habeas corpus relief. In his petition, he argued that the Department of Correction had wrongly calculated his sentence and that his sentence had expired. On appeal, the Petitioner argues that the habeas corpus statute is unconstitutional and that he is being deprived of his inalienable liberty. Following our review of the record, we affirm the order summarily dismissing the petition.

http://www.tba2.org/tba_files/TCCA/2009/burksc_092409.pdf


STATE OF TENNESSEE v. ROGER GLENN DILE

Court: TCCA

Attorneys:

J. Michael Engle (at trial), Nashville, Tennessee, and Jeffrey A. DeVasher (on appeal), Nashville, Tennessee, for the Appellant, Roger Glenn Dile.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Leslie E. Price, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; J.W. Hupp Assistant District Attorney General, for the Appellee, the State of Tennessee.

Judge: WEDEMEYER

A Davidson County jury convicted the Defendant, Roger Glenn Dile, of rape of a child, a Class A felony; attempted rape of a child, a Class B felony; and two counts of aggravated sexual battery, a Class B felony. The trial court imposed a total effective sentence of thirty-two years to be served at 100% as a child rapist. The Defendant appeals, contending: (1) the evidence, as a matter of law, was insufficient to support his convictions because the proof at trial fatally varied from his indictments; (2) the trial court erred when it failed to merge one of his aggravated sexual battery convictions into his rape of a child conviction; and (3) the trial court erred when it set the length and alignment of his sentences. After a thorough review of the record and relevant authorities, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/diler_092409.pdf


STATE OF TENNESSEE v. COREY ESHMON

Court: TCCA

Attorneys:

Marty B. McAfee and Vicki M. Carriker (on appeal); and Edward Bronston (at trial), Memphis, Tennessee, for the appellant, Corey Eshmon.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Greg Gilbert and David Zak, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Corey Eshmon, was convicted by a Shelby County jury of one count of aggravated robbery, a Class B felony; two counts of aggravated assault, a Class C felony; and one count of theft of property under $500, a Class A misdemeanor. The trial court sentenced him as a Range I offender to eight years for the aggravated robbery conviction, three years for each of the aggravated assault convictions, and eleven months, twenty-nine days for the theft conviction. Finding the defendant to be a dangerous offender, the court ordered that the robbery sentence run consecutively to one of the assault sentences, for an effective sentence of eleven years in the Department of Correction. In a timely appeal to this court, the defendant raises the following issues: (1) whether the trial court erred in denying his motion to suppress witness identifications; (2) whether the evidence was sufficient to sustain the convictions; and (3) whether the trial court erred in ordering consecutive sentencing. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/eshmonc_092409.pdf


STATE OF TENNESSEE v. KIM GESELBRACHT

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; J. Michael Taylor, District Attorney General; and James W. Pope, III, Assistant District Attorney General, for the appellant, State of Tennessee.

Carol Ann Barron, Dayton, Tennessee, for the appellee, Kim Geselbracht.

Judge: WITT

On January 22, 2009, the Rhea County Criminal Court dismissed two counts of driving under the influence ("DUI") against the defendant, Kim Geselbracht. The trial court determined that a law enforcement officer's ignoring the defendant's repeated requests for an independent blood test for blood alcohol content ("BAC") denied the defendant his constitutional and statutory rights. The State appeals, arguing that the trial court erred by dismissing the charges. Upon our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/geselbrachtk_092409.pdf


STATE OF TENNESSEE v. JAMES W. GRIFFITH

Court: TCCA

Attorneys:

Mitchell E. Shannon and Nathaniel Owens, Murfreesboro, Tennessee, for the appellant, James W. Griffith.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Chad Jackson, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, James W. Griffith, was convicted of three counts of theft of property valued between $1,000 and $10,000; three counts of transacting business in this state without registering as a broker-dealer; three counts of selling an unregistered security; and two counts of employing a device, scheme, or artifice to defraud. All of the charged offenses were Class D felonies. Following a sentencing hearing, the trial court sentenced Defendant as a Range I, standard offender, to three years for each conviction. The trial court ordered Defendant to serve his convictions in counts two through eleven concurrently with each other but consecutively to his sentence in count one, for an effective sentence of six years. The trial court denied Defendant's request for alternative sentencing and ordered Defendant to serve his sentence in confinement. Following a hearing on Defendant's motion for new trial, the trial court granted Defendant's motion as to his three convictions of transacting business in this state without registering as a broker-dealer in counts 3, 9 and 10 of the indictment, and dismissed the charges in these counts. The trial court denied the motion as to all other issues. On appeal, Defendant challenges the sufficiency of the convicting evidence, the trial court's instructions to the jury, the State's election of offenses, and the length and manner of service of his sentence. After a thorough review, we conclude, as plain error, that counts 2, 4, 7, 8, and 11 of the indictment are fatally defective. We, therefore, reverse Defendant's convictions as to these counts of the indictment and dismiss counts 2, 4, 7, 8, and 11 of the indictment. We affirm the trial court's judgments as to Defendant's theft convictions in counts 1, 5, and 6. We affirm the trial court's judgments as to the length of Defendant's sentences for his theft convictions. We conclude, however, that the trial court erred in imposing consecutive sentences. Accordingly, we remand Defendant's judgments in counts 1, 5, and 6 to reflect that all sentences are to be served concurrently for an effective sentence of three years.

http://www.tba2.org/tba_files/TCCA/2009/griffithj_092409.pdf


STATE OF TENNESSEE v. DAVID HASTINGS

Court: TCCA

Attorneys:

Larry D. Wright, Cleveland, Tennessee, for the appellant, David Hastings.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Robert Steve Bebb, District Attorney General; and Cynthia Lecroy-Schemel, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

A Bradley County Criminal Court determined that the appellant, David Hastings, violated the terms of his probation and ordered him into custody to serve the remainder of his four-year sentence for aggravated burglary. On appeal, the appellant contends the trial court abused its discretion in revoking his probation. Based upon our review of the record and the parties' briefs, we affirm.

http://www.tba2.org/tba_files/TCCA/2009/hastingsd_092409.pdf


STATE OF TENNESSEE v. SHAWN MITCHELL

Court: TCCA

Attorneys:

Shara A. Flacy, Pulaski, Tennessee, for the appellant, Shawn Mithell.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilbur, Assistant Attorney General; T. Michel Bottoms, District Attorney General; and Patrick Butler, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Defendant, Shawn Mitchell, appeals the trial court's revocation of his probation in case nos. 10088 and 10703. Defendant had incurred new charges of driving on a suspended license, resisting a stop and arrest, leaving the scene of an accident, felony evading arrest, misdemeanor evading arrest, failure to wear a seat belt, and failure to comply with the financial responsibility law. On appeal, Defendant argues that the trial court erred in revoking his probation and that he was denied due process during the revocation proceeding. After a thorough review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/mitchells_092409.pdf


STATE OF TENNESSEE v. RICK L. MUNCIE

Court: TCCA

Attorneys:

James O. Martin, III, Lebanon, Tennessee, for the Appellant, Rick L. Muncie.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Lacy Wilber, Assistant Attorney General; Tom P. Thompson, District Attorney General; Robert Hibbett, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Rick L. Muncie, pled guilty to driving under the influence, first offense. He was sentenced to eleven months and twenty-nine days, with ten days to be served in jail. In accordance with Tennessee Rule of Criminal Procedure 37, the Defendant reserved as a certified question of law the issue of whether a police roadblock stop of his vehicle, which led to his indictment and guilty plea, was constitutional. After a thorough review of the record and relevant authorities, we conclude that the stop of the Defendant's vehicle was constitutional, and, therefore, we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2009/muncier_092409.pdf


STATE OF TENNESSEE v. MICKEY MORRIS MURPHY

Court: TCCA

Attorneys:

Donna Leigh Hargrove, District Public Defender; and Michael J. Collins, Assistant Public Defender, Shelbyville, Tennessee, for the appellant, Mickey Morris Murphy.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Defendant, Mickey Morris Murphy, was indicted for aggravated robbery, a Class B felony. On July 11, 2007, Defendant entered a plea of guilty to the lesser included offense of robbery, a Class C felony, with the length and manner of service of his sentence left to the trial court's determination. Following a sentencing hearing, the trial court sentenced Defendant as a Range I, standard offender, to five years, six months, to be served by incarceration. On appeal, Defendant challenges the trial court's sentencing determinations. After a thorough review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/murphym_092409.pdf


STATE OF TENNESSEE v. WILLIAM KEITH PAULSON, ALIAS

Court: TCCA

Attorneys:

J. Liddell Kirk (on appeal), and Patrick Looper and Anastacia Shelton (at trial), Knoxville, Tennessee, for the appellant, William Keith Paulson, Alias.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; and Philip H. Morton and Ta Kisha M. Fitzgerald, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, William Keith Paulson, was convicted by a Knox County jury of reckless endangerment, a Class E felony; two counts of felony evading arrest, Class D felonies; evading arrest, a Class A misdemeanor; driving without a license, a Class C misdemeanor; and violation of the state registration law, a Class C misdemeanor. Subsequently, he was sentenced to an effective eighteen-year sentence, as a career offender, in the Department of Correction. On appeal, he raises the single issue of whether double jeopardy principles require the merger of his convictions for reckless endangerment, felony evading arrest, and evading arrest into a single conviction for felony evading arrest. Following review of the record, we conclude that the two counts for felony evading arrest should have been merged into a single count as they were simply alternative charges for the same conduct. Further, we determine that the misdemeanor evading arrest should have also been merged with the felony evading arrest as it represented a single course of conduct. However, merger of the single remaining felony evading arrest and the reckless endangerment convictions is not required. As such, the case is remanded for entry of corrected judgments of conviction in accordance with this opinion.

http://www.tba2.org/tba_files/TCCA/2009/paulsonw_092409.pdf


DAVID WAYNE SMART v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

David Wayne Smart, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Amy Eisenbeck, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Petitioner, David Wayne Smart, appeals the summary dismissal of his petition for habeas corpus relief. The petition alleged that the trial court unconstitutionally merged the provision requiring a minimum life sentence for first degree murder and the provision prohibiting instructions on possible penalties to the jury. The Davidson County Criminal Court summarily dismissed the petition, finding that the Petitioner had failed to state a cognizable claim for relief. Following our review of the record and the applicable law, we affirm the order summarily dismissing the petition.

http://www.tba2.org/tba_files/TCCA/2009/smartd_092409.pdf


GREGORY L. SMITH v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Joseph T. Howell, Jackson, Tennessee, for the appellant, Gregory L. Smith.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; James. G. (Jerry) Woodall, District Attorney General; and Alfred L. Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioner, Gregory L. Smith, appeals the Madison County Circuit Court's denial of his petition for post-conviction relief. The petitioner is currently serving a twelve-year sentence following his conviction for aggravated sexual battery, a Class B felony. On appeal, he contends that the post- conviction court erred in determining that he received the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by failing to: (1) adequately investigate; (2) adequately communicate with the petitioner, provide and discuss discovery, prepare the petitioner to testify, and convey plea offers; (3) elicit facts helpful to the defense at trial; and (4) interview and call witnesses for the defense. Following review of the record, we find no error and affirm the denial of post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2009/smithg_092409.pdf


DONALD WALLACE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Clifford K. McGown, Jr., Waverly, Tennessee, for the appellant, Donald Wallace.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; Dan. M. Alsobrooks, District Attorney General; and Carey J. Thompson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Petitioner, Donald Wallace, appeals the Stewart County Circuit Court's denial of post- conviction relief, arguing that: (1) he received ineffective assistance of counsel at trial; and (2) the State engaged in prosecutorial misconduct at trial. After our review, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2009/wallaced_092409.pdf


Authorization of County and Municipal Governments to Prohibit Handguns in Parks They Own

TN Attorney General Opinions

Date: 2009-09-24

Opinion Number: 09-158

http://www.tba2.org/tba_files/AG/2009/ag_09_158.pdf

TODAY'S NEWS

Legal News
Politics
Upcoming
Disciplinary Actions
TBA Member Services

Legal News
Group submits recall language for Knox law director
A group seeking to recall Knox County law director Bill Lockett has submitted proposed ouster language to the County Election Commission. The move, which came today, is one of the first steps toward removing the legal counsel from office. Volunteers will begin collecting the required 40,000 signatures as soon as the language is certified. The question would appear on the August 2010 ballot if the signatures are gathered and validated.
The News Sentinel has more
Bar foundation elects new board members
The Tennessee Bar Foundation recently elected three new regional members to its board of trustees. They are: Nashville lawyer Spruell Driver Jr., an associate at Waller, Lansden, Dortch & Davis LLP; Memphis lawyer Irma Merrill Stratton, a member of the Law Office of J. Houston Gordon in Covington; and Sevierville lawyer Cynthia R. Wyrick, a shareholder in the law firm of Ogle, Gass and Richardson PC.

ATF says federal law trumps state gun law
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) this week told Tennessee gun dealers to disregard a state statute that exempts certain firearms from federal laws and registration requirements. The statute, enacted by the legislature this past term, maintains that the federal government has no jurisdiction over firearms that (1) are made in the state, (2) are made from parts originating in the state and (3) do not travel in interstate commerce. But in an open letter to gun dealers, the ATF warns that federal laws still apply.
The Commercial Appeal reports
Portrait of late judge unveiled at ceremony yesterday
Relatives, friends, staff and judicial dignitaries turned out yesterday for the unveiling of a portrait of the late Ray Lee Jenkins, who served as Knox County criminal court judge for almost 25 years. He died at the age of 71 on Aug. 21. The portrait, painted by John Woodrow Kelley, will hang in Jenkins' former courtroom. Knox County District Attorney General Randy Nichols, local attorney Doug Trant and Tennessee Supreme Court Justice Gary Wade praised Jenkins' knowledge of criminal law and his service to the justice system.
Read more about the ceremony in the Knoxville News Sentinel
Jackson lawyers negotiate fees, student assignments
Attorneys in Jackson-Madison County Schools' decades-long desegregation lawsuit continue to debate legal fees and student assignments. The group has until Oct. 1 to report to federal judge Samuel H. Mays Jr., who granted the school system partial unitary status in August. Despite being released from some of the consent decree provisions, the school system has not resolved the issue of student assignment or agreed to the legal fees claimed by the plaintiffs.
The Jackson Sun has the story
Nashville lawyer elected to ABA post
Nashville lawyer Jean Crowe, with the Legal Aid Society, has been elected to the American Bar Association Family Law Section's governing council for a three-year term. Crowe, who has served on several ABA boards related to domestic violence and child support, has been with the Legal Aid Society for more than 20 years. She is the lead attorney for the society's family law section. In addition to a law degree from the University of Wisconsin, she holds a diploma from the Institute on International and Comparative Law in Paris. The Tennessean reported the news.

AG issues new opinion on 'guns in parks' law
Attorney General Bob Cooper has issued a legal opinion on several aspects of the "guns in parks" law in response to questions posed by Rep. Ben West, D-Nashville. At the heart of his inquiries, West questioned whether a gun permit holder could be charged with violating the law if he possesses a firearm while traveling on a road that passes through a park that has been closed to guns.
Read the AG's answer here
Politics
Rep. Tanner may get challenger
The National Republican Congressional Committee is touting Crockett County farmer Stephen Fincher as a challenger to U.S. Rep. John Tanner, D-Union City, in next year's election. Fincher, 37, is a managing partner of Fincher Farms and lives in the Frog Jump community, about 16 miles south of Dyersburg. Tanner has not faced a serious challenge since first being elected in 1988 to the 8th House District seat. The district covers northwest Shelby County and all of Tipton County.
Read more in the Memphis Daily News
Upcoming
Celebration planned for Shelby courthouse
On Oct. 13, the Memphis Bar Association, Shelby County Government, Memphis Heritage and AIA Memphis will host a celebration of the Shelby County Courthouse's 100-year anniversary. The event will be held from 4:30 to 7 p.m. on the south lawn of the courthouse, with historical displays and guided tours within the building. Tennessee state historian Walter Durham will address guests, and WKNO's Jim Eikner will serve as master of ceremonies. Other special guests will include Shelby County Mayor A C Wharton and Memphis Mayor Pro Tem Myron Lowery as well as local civic and business leaders.
Learn more here
Disciplinary Actions
Dyersburg lawyer suspended
On Sept. 16, the Supreme Court temporarily suspended the law license of Dyersburg lawyer Martin Lynn Howie for failure to respond to a complaint of ethical misconduct. The suspension remains in effect until dissolution or modification by the court.
Read the BPR news release
Knoxville lawyer on probation
On Sept. 22, the Supreme Court suspended Knoxville lawyer Aubrey Lewis Davis for one year with all time to be served on probation so long as Davis engages a practice monitor to review and monitor his office practices, remains compliant with his Tennessee Lawyers Assistance Program agreement, and pays the cost of the disciplinary proceeding. Davis was suspended for failing to file a brief in a case before the Criminal Court of Appeals and for being found in contempt by the court.
Read the BPR notice
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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