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| Thursday, December 31, 2009 |
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Volunteers needed for Commodore Classic mock trial
Vanderbilt University Law School seeks volunteers to judge its second annual Commodore Classic invitational mock trial tournament, an intercollegiate competition in which 24 teams from across the nation perform trial simulations. The event is Jan. 30-31, 2010, in Nashville. The school needs to fill nearly 100 judging slots over the two days. Volunteers may judge one or all four rounds; previous judging experience is not required. Call (615) 653-8467 or email vumocktrial@gmail.com for more information.
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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.
00 - TN Supreme Court 00 - TN Worker's Comp Appeals 00 - TN Supreme Court - Rules 00 - TN Court of Appeals 01 - 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.
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STATE OF TENNESSEE v. WILLIAM TOWNLEY SIMONTON
Court: TCCA
Attorneys:
Dumaka Shabazz, Nashville, Tennessee, for the appellant, William Townley Simonton.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; Joseph E. Perrin, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
Following the denial of his motion to suppress, the Defendant, William Townley Simonton, pled guilty to possession of one-half gram or more of cocaine with the intent to sell and sale of one-half gram or more of cocaine within 1000 feet of a school zone, both Class B felonies, and received consecutive eight-year sentences. The Defendant's plea agreement preserved a certified question of law regarding the legality of the searches that led to his arrest. We hold that the trial court properly denied the motion to suppress. We affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2009/simontonw_123109.pdf
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| TODAY'S NEWS |
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Legal News
Legislative News
TBA in the News
TBA Member Services
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| Legal News |
| TBA closed for New Years Day |
| TBA offices will be closed Friday, Jan. 1, for New Years Day. The TBA will re-open on Monday at 8 a.m. Publication of TBA Today will resume on Monday as well. |
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| AG: Challenge to health bill is premature |
| An effort to force changes to the federal health-care reform bill appears to be gathering steam, but Tennessee's attorney general said Wednesday that his office will sit out for now. Attorneys general in 13 states wrote to congressional leaders yesterday saying they will sue unless lawmakers remove a provision that gives the state of Nebraska a break on Medicaid payments. The group argues the law is unconstitutional because it provides a tax break for citizens of one state. In Tennessee, Lt. Gov. Ron Ramsey, R-Blountville, and state Representatives Susan Lynn, R-Lebanon, and Debra Young Maggart, R-Hendersonville, have argued the bill as a whole poses constitutional issues. They urged Tennessee Attorney General Robert Cooper to prepare for legal action if the bill becomes law.
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The Tennessean looks at the issue
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| Court limits use of Tasers |
| In a case that could set the first broad judicial standards for the use of Tasers, the U.S. Court of Appeals for the Ninth Circuit has ruled that police can be held liable for using the device against an unarmed person. The court found that use of the electrically disabling device during a traffic stop constituted excessive force because it was used against an unarmed man who did not pose a threat and was not attempting to flee.
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The New York Times reports
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| Court rules U.S. can keep surveillance targets secret |
| The U.S. Circuit Court of Appeals for the Second Circuit ruled Wednesday that the government may keep secret the identity of individuals targeted under the Terrorist Surveillance Program. Lawyers representing Guantanamo detainees had argued they would conduct client conversations differently if they knew the government was eavesdropping on them. The appeals court, however, said the government had sufficiently established that nondisclosure is "appropriate" and "perhaps essential" for reasons of national security and confidentiality.
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Read more about the decision from WTVF-News Channel 5 in Nashville
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| Storied DA retires after 35 years |
| Manhattan District Attorney Robert Morgenthau -- the inspiration for the district attorney on TV's Law & Order -- is ending a 35-year career today at age 90. Morgenthau was known throughout his career as someone willing to take on mobsters, celebrities and CEOs, and helped launch the careers of many, including U.S. Supreme Court Justice Sonia Sotomayor. He says he has not decided what to do next, but others report that his interests include pressing for immunity from deportation for illegal immigrants who help in immigration-fraud cases.
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Read highlights of his career from WRCB-TV Chattanooga
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| Legislative News |
| Speaker lays out plan for special session |
| In a recent email to state House staff and members, Speaker Kent Williams provided details on how the special education legislative session would unfold, and revealed that problems with recently passed workers' compensation legislation would be addressed.
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Read his message on Nashville Post Politics
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| Rep. Watson provides preview of 2010 session |
| Tennessee state Representative Eric Watson, R-Cleveland, writes about his view of the upcoming 2010 legislative session for Chattanoogan.com. While he suggests that budget issues will top the agenda, he lists a dozen other initiatives that may see action.
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Learn more
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| TBA in the News |
| Lawyers cram for CLE |
| Today's Commercial Appeal documents lawyers' last-minute attempts to fulfill continuing legal education requirements as 2009 comes to a close. With snapshots from the Memphis Bar Association's "Last Minute 'Buy the Hour' Seminar" and the Tennessee Bar Association's "CLE Blast," the story captures the plight of many who have not yet completed the required hours.
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Read more
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| TBA Member Services |
| Think FedEx first |
| If you've been shipping with other carriers, it's time to switch to FedEx. Not only will you get peace of mind from reliable FedEx shipping, but you can also take advantage of great savings on FedEx shipping as well as FedEx Office services by enrolling in the FedEx member benefits program. |
Take advantage of your member discounts on select FedEx shipping services and FedEx Office business services
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Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
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Questions, comments: Email us at TBAToday@tnbar.org
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
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