Transactional practice CLE focuses on business formation

Business attorneys can gain the information, tools and tips they need to successfully handle the formation of business entities at the upcoming TennBarU Transactional Practice CLE program, Oct. 22 in Nashville. The six-hour seminar -- sponsored by the TBA's Young Lawyers Division -- will offer an overview of different business entities, with an emphasis on what entities are best for various clients and business plans. The course also will feature a tax attorney discussing the implications associated with various business entities, a presentation on mergers and acquisitions -- including the ethical considerations that arise in M&A work -- and a panel discussion about the conflicts of interests business attorneys may face.

Learn more or register at TennBarU

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
05 - TN Court of Criminal Appeals
00 - 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_101209.pdf


IN RE: ESTATE OF DAVID CARL COOK, DECEASED MELODY COOK EVANS, ET AL. v. APRIL COOK, Executrix of the Estate of David Carl Cook

Court: TCA

Attorneys:

B. Nathan Hunt, Clarksville, TN, for Appellant

Keith C. Dennen, Sharon O. Jacobs, Lane Summers Moorman, Nashville, TN, for Appellee

Judge: HIGHERS

This appeal involves claims made by a sister against her brother's estate in addition to a separate dispute between the sister and the brother's estate regarding how much money the estate was owed from the sale of a house owned by the brother and his siblings. The trial court referred the matters to a special master, who found in favor of the sister on some of the claims. Upon review of the special master's report, however, the trial court rejected the special master's findings in favor of the sister and ruled in favor of the brother's estate. The sister appeals, claiming that the trial court should have deferred to the special master. We affirm.

http://www.tba2.org/tba_files/TCA/2009/cookd_101209.pdf


IN RE S.A.C. AND S.M.S.C.
Correction on page 7, footnote 4, line 9: the spelling of the word "constitutes" has been corrected


Court: TCA

Attorneys:

Phillip Terry Clemons, McMinnville, Tennessee, for the appellant, J.C.B.C.; and Matthew David Edwards, Sparta, Tennessee, for the appellant, T.B.C.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Elizabeth C. Driver, Assistant Attorney General; for the appellee, State of Tennessee Department of Children's Services.

Rachel Hoover Kirby, Nashville, Tennessee, Guardian Ad Litem.

Judge: BENNETT

Mother and Father appeal from a juvenile court order terminating their parental rights to their two children. Finding clear and convincing evidence to support the juvenile court's determination, we affirm.

http://www.tba2.org/tba_files/TCA/2009/sac_Corr_101209.pdf


STATE OF TENNESSEE v. FREDDIE L. BROWN

Court: TCCA

Attorneys:

John D. Drake, Murfreesboro, Tennessee, for the appellant, Freddie L. Brown.

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

Judge: WELLES

The Defendant, Freddie L. Brown, was charged with one count of especially aggravated kidnapping, a Class A felony. See Tenn. Code Ann. section 39-13-305(b)(1). Following a jury trial, he was convicted of the lesser included offense of aggravated kidnapping, a Class B felony. See Tenn. Code Ann. section 39-13-304(b)(1). The trial court sentenced him as a persistent offender to twenty-eight years in the Department of Correction. In this direct appeal, the Defendant contends that: (1) the trial court erred in denying his motion to suppress the fruits of a search that recovered a BB gun used as evidence against him; (2) the State presented evidence insufficient to convict him; (3) the trial court erred in denying his motion in limine to conceal a warning label on the BB gun; and (4) the trial court erred in limiting the Defendant's cross-examination of the victim. After our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/brownf_101209.pdf


STATE OF TENNESSEE v. LANDY M. CLEMMONS

Court: TCCA

Attorneys:

Joshua D. Hedrick, Knoxville, Tennessee, for the appellant, Landy M. Clemmons.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Randall E. Nichols, District Attorney General; and Ta Kisha Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Defendant, Landy M. Clemmons, appeals his convictions by a jury in the Criminal Court for Knox County for two counts of aggravated burglary, a Class C felony, and two counts of aggravated kidnapping, a Class B felony. The trial court merged the two aggravated burglary convictions and sentenced the Defendant to nine years as a Range II, multiple offender for the aggravated burglary and to eleven years as a Range I, violent offender for each of the aggravated kidnappings, to be served concurrently, for an effective eleven-year sentence. On appeal, the Defendant contends that his convictions for both aggravated burglary and aggravated kidnapping violate principles of due process. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/clemmonsl_101209.pdf


GARY PRESTON PRICE v. TONY PARKER, WARDEN

Court: TCCA

Attorneys:

Gary Preston Price, Tiptonville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; H. Greeley Wells, District Attorney General; and Barry P. Staubus, Assistant District Attorney General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The pro se petitioner, Gary Preston Price, appeals the Sullivan County Criminal Court's summary dismissal of his petition for a writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we conclude that the state's motion is well-taken, and the judgment of trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2009/priceg_101209.pdf


CLEMMIE RHYAN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Autumn B. Chastain, Memphis, Tennessee, for the appellant, Clemmie Rhyan.

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

Judge: WILLIAMS

The petitioner, Clemmie Rhyan, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. The petitioner, convicted of second degree murder, a Class A felony, is currently serving a twenty-two-year sentence in the Department of Correction. On appeal, he contends that he was denied the effective assistance of counsel at trial. Specifically, he contends that trial counsel was ineffective by failing to: (1) investigate the case and locate witnesses for the defense; and (2) present evidence, including thorough cross-examination of State witnesses supporting the theory of self-defense. Following review of the record, we find no error in the denial of the petition and affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2009/rhyanc_101209.pdf


ALLEN JEAN STEPHENS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Allen Jean Stephens, Pro Se, Henning, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; and Kevin McAlpin, Assistant Attorney General, for the appellant State of Tennessee.

Judge: MCLIN

The Petitioner, Allen Jean Stephens, appeals the trial court's denial of his petition for habeas corpus relief. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We conclude that the state's motion is meritorious. Accordingly, we grant the state's motion and affirm the judgment of the lower court.

http://www.tba2.org/tba_files/TCCA/2009/stephensa_101209.pdf


TODAY'S NEWS

Legal News
TBA in the News
Upcoming
Correction
TBA Member Services

Legal News
Is Belmont trying to put NSL out of business?
Tennessean columnist Gail Kerr went right to the point when she asked Belmont University President Bob Fisher about the motives for Belmont's upcoming new law school. "Is Belmont trying to put the popular, tradition-soaked Nashville School of Law out of business?" she asks. Absolutely not, Fisher says, adding that there will be no night classes at the new school.
Read the column
Legal help can break the cycle of domestic violence
Legal Aid Society lawyer DarKenya Waller writes in an opinion piece how she has witnessed how legal help can break the cycle of domestic violence. She cites a recent study "A victim who understands that she can get an order of protection, divorce, job training, affordable housing and child care will have the confidence and courage to leave her abuser and become a stable, independent member of the community," she says, adding that last year the Legal Aid Society helped 679 women and children with domestic violence issues. "We stood beside them in court, helped them identify their options and provided a means for them and their families to be safe."
Read it in the Tennessean
Arcade Post Office will stay
Nashville's Arcade Post Office has been taken off the list for possible closure, Congressman Jim Cooper's office announced Friday. Law firms, judges and court personnel in the area were pleased.

TBA in the News
Pro bono offerings called 'cheap' ... in the good way
The Tennessean's "Ms. Cheap," plugged some "Celebrate Pro Bono" month activities in her column this weekend, mentioning the good work done at the Legal Aid Society of Middle Tennessee and the Cumberlands, an upcoming TBA legal clinic and some Wills for Heroes events.
Read Ms. Cheap
Upcoming
Law students' pet Halloween contest to raise money
On Nov. 1 the University of Tennessee's Student Animal Legal Defense Fund chapter, along with the Student Bar Association and Law Women, will host the annual Pet Halloween Costume Contest. The entry fee is $10 with all net proceeds going to the Humane Society of the Tennessee Valley, Knoxville's no-kill animal welfare organization.
Learn more from UT
Correction
A story in Friday's TBA Today incorrectly identified the Washington County Bar Association president, Suzanne Cook. She is with the firm Hunter, Smith and Davis.

TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
or get an online rate quote

 
 
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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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