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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.

01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
04 - TN Court of Criminal Appeals
01 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. 2) Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2009/certlist_100509.pdf


JOYCE A. KENDALL v. RONALD W. MEYER.

Court: TCA

Attorneys:

Ronald Meyer, McDonald, Tennessee, pro se.

Daniel K. Habenicht, Chattanooga, Tennessee, for appellee.

Judge: FRANKS

In this divorce case, following trial the Trial Court granted the parties a divorce and enforced an Antenuptial Agreement, designated the appellee as the primary residential parent for the parties' minor children, and ordered the husband to pay child support in accordance with the Child Support Guidelines. On appeal, we affirm the Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2009/kendallj_100509.pdf


MATHEWS PARTNERS, LLC, D/B/A NAI NASHVILLE v. LUCIANNA LEMME

Court: TCA

Attorneys:

Todd E. Panther, Nashville, Tennessee, for the appellant, Mathews Partners, LLC, d/b/a NAI Nashville.

Brody N. Kane and Angel P. Kane, Lebanon, Tennessee, for the appellee, Lucianna Lemme.

Judge: DINKINS

Commercial real estate broker brought action against seller of property seeking commission following the sale of the property to buyers allegedly introduced to the seller by the broker during the term of the listing agreement. Upon cross motions for summary judgment, the trial court granted summary judgment to the seller finding the listing agreement was unenforceable because there was no meeting of the minds and a lack of mutual assent to the terms of the agreement. Broker appeals and finding error, we reverse and remand.

http://www.tba2.org/tba_files/TCA/2009/lemmel_100509.pdf


STATE OF TENNESSEE v. GARY CRAWFORD

Court: TCCA

Attorneys:

Claiborne H. Ferguson, Memphis, Tennessee, for the appellant, Gary Crawford.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; William L. Gibbons, District Attorney General; and Paul Hagerman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Gary Crawford, was indicted for one count of first degree murder and three counts of attempted first degree murder. Following a jury trial, he was convicted of one count of criminally negligent homicide, a Class E felony, and three counts of reckless endangerment, a Class A misdemeanor. See Tenn. Code Ann. section 39-13-212(b), -103(b). The trial court sentenced the Defendant as a Range I, standard offender to two years for his conviction for criminally negligent homicide and eleven months and twenty-nine days for each reckless endangerment conviction. The trial court ordered the Defendant to serve each of these sentences consecutively to one another, for a total effective sentence of four years, eleven months, and twenty-six days in the Department of Correction. In this direct appeal, the Defendant contends that the trial court erred in ordering consecutive sentences. After our review, we vacate the order of the trial court ordering consecutive sentences and remand for further proceedings.

http://www.tba2.org/tba_files/TCCA/2009/crawfordg_100509.pdf


STATE OF TENNESSEE v. RICKY JAMES GREEN

Court: TCCA

Attorneys:

Charles Dungan, Maryville, Tennessee, the appellant, Ricky James Green.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Mike Flynn, District Attorney General; Robert L. Headrick, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

On September 25, 2006, Defendant, Ricky James Green, entered a plea of guilty to statutory rape, a Class E felony. On November 17, 2006, the trial court sentenced Defendant to two years, which sentence was suspended and Defendant placed on sex offender probation. On September 19, 2007, a violation of probation warrant was issued alleging that Defendant had violated the terms of his probation by procuring Internet access at his residence without the written permission of his probation officer. Following a revocation hearing, the trial court revoked Defendant's probation and ordered him to serve the balance of his sentence in confinement. On appeal, Defendant challenges the revocation of his probation. After a thorough review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/greenr_100509.pdf


STATE OF TENNESSEE v. TRAVIS TIERNEY

Court: TCCA

Attorneys:

Gregory Gookin, Jackson, Tennessee, for the appellant, Travis Tierney.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; Jerry Woodall, District Attorney General; and Al Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Travis Tierney, was charged with one count of second degree murder, a Class A felony, two counts of aggravated assault, a Class C felony, and one count of tampering with evidence, a Class C felony. See Tenn. Code Ann. sections 39-13-210(c), -102(d)(1), -16-503(b). He was found guilty as charged following a jury trial and sentenced to concurrent sentences of twenty-five years for second degree murder, six years for each aggravated assault, and six years for tampering with evidence, for a total effective sentence of twenty-five years in the Department of Correction. In this direct appeal, he contends that: (1) the State presented evidence insufficient to convict him of second degree murder; and (2) the trial court erred in sentencing him to the maximum sentence of twenty-five years for second degree murder. After our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/tierneyt_100509.pdf


BRANDON WALLACE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

James T. Powell, Union City, Tennessee, for the appellant, Brandon Wallace.

Robert E. Cooper, Jr., Attorney General and Reporter, and J. Ross Dyer, Senior Counsel, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioner, Brandon Wallace, appeals the denial of his petition for post-conviction relief. He is presently serving an effective sentence of forty years after being found guilty of two counts of attempted first degree murder, attempted second degree murder, attempted especially aggravated robbery, especially aggravated burglary, and felony reckless endangerment. He claims that he received ineffective assistance of counsel at trial and that the trial court erred in sentencing him. After review, we conclude that the petitioner's sentencing claim was previously determined and that he failed in carrying his burden of proving that trial counsel was ineffective. The judgment from the post-conviction court denying relief is affirmed.

http://www.tba2.org/tba_files/TCCA/2009/wallaceb_100509.pdf


Deposits of Securities by Insurance Companies in Clearing Corporations

TN Attorney General Opinions

Date: 2009-10-05

Opinion Number: 09-163

http://www.tba2.org/tba_files/AG/2009/ag_09_163.pdf

TODAY'S NEWS

Legal News
Supreme Court Report
TBA Member Services

Legal News
Court issues two orders regarding admission to practice
The Tennessee Supreme Court today issued an order seeking comments on amendments to Rules of the Supreme Court regarding admission to the practice of law in Tennessee. Specifically, the amendments would delete the current requirement that applicants for admission must state their intent to practice law in Tennessee. Written comments should be made to Court Clerk Michael W. Catalano by Nov. 4. Last Friday, the court issued another order regarding Rule 6. The amendment set forth in that order outlines in detail who can administer the oath of admission, and follows the General Assembly's recent amendment of the Tennessee Code, Section 23-1-108.

Bar group critical of Memphis mayor, media
The controversy surrounding Memphis City Attorney Elbert Jefferson has drawn the attention of the Ben F. Jones chapter of the National Bar Association, which has sent out a letter questioning the motives of Mayor Myron Lowery in attempting to fire Jefferson. The letter -- reported on by MyEyewitnessNews.com -- says that charges that Jefferson's removal is warranted because of spiraling legal fees paid to outside firms has not been backed up with analysis. Instead, the letter says, African American firms are being singled out. "Scapegoating attorneys of color, including the City Attorney is disingenuous, galling and completely unprofessional under these circumstances," the letter says.
Download the letter from the Ben F. Jones Chapter of the National Bar Association
Emails, records not turned over in Herenton probe
The Memphis city attorney was also in the news this weekend, facing additional questions about documents related to former Mayor Willie Herenton and his financial interest in a city plan to redevelop a downtown bus station site, the Memphis Commercial Appeal reports. The paper says that last year Jefferson told the FBI he had no city records to turn over in response to a subpoena issued by a federal grand jury investigating Herenton. Now, batches of city emails and paper records have been released concerning the mayor and the project, and one legal expert says it could mean more trouble for Jefferson.
Read more in the Commercial Appeal
Clayton Center announces spring visiting professor
The Clayton Center for Entrepreneurial Law at the Univeristy of Tennessee has announced that Washington, D.C. attorney Carolyn Rowland will serve as its spring semester visiting professor. Rowland will be teaching Business Associations and offering a seminar entitled Anatomy of an Historic Building Rehabilitation Transaction.

UT Law names new member of development office
The University of Tennessee College of Law has named Heather Mathis as its new Assistant Director of Development. Mathis comes to UT from Maryville College, where she was Regional Advancement Officer, working throughout the Southeast to build support for the school's $83-million dollar campaign.

TSU implements new pre-law program
Tennessee State University in Nashville has implemented a newly developed pre-law advisement program for students as of Aug. 31. The new program is geared towards students who are looking forward to attending law school post graduation.
Find out more from tsumeter.com
Supreme Court Report
Court opens new session
Supreme Court Justice Sonia Sotomayor lived up to her billing as a forceful questioner today as the Supreme Court opened its fall term with two oral arguments and an order list disposing of hundreds of cases that piled up on its doorstep over the summer.
Read more from the Blog of the Legal Times
TBA Member Services
CompuPay offers deals for TBA members
CompuPay is proud to serve as the official payroll services provider for the Tennessee Bar Association. To serve Tennessee attorneys the company is offering two months of free payroll processing for all TBA members and waiving set up fees for members with up to 99 employees.
Learn more about CompuPay's benefits

 
 
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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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