TBA tour brings history to life in France

Join your colleagues in the Tennessee bar on an exciting history tour of France, June 19-25, 2010. You will stay in charming three-star hotels as the group travels from Paris to Giverny, Caen, Bayeux, Honfleur and other Normandy locations, sampling French cuisine, culture and architecture. 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 on TBALink, or watch a webcast about the trip to get detailed highlights and ask questions from tour leaders.
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Court: TCA


Mark W. Honeycutt, Nashville, Tennessee, for the appellant(s), Colin Martin.

Owen Randolph Lipscomb, Samuel P. Helmbrecht, and Paul L. Sprader, Nashville, Tennessee, for the appellee(s), Mary Katrina Doughtie and Grange Mutual Casualty Insurance Company.


Guest who was injured during a party at residence where alcohol was consumed brought negligence action against the host. The guest also sued his uninsured/underinsured motorist carrier seeking payment under the policy. The trial court granted the insurance carrier's motion for summary judgment finding that the policy did not extend coverage under the circumstances. The trial court subsequently granted the host's motion for summary judgment finding that she owed no duty of care to the guest at the time of the injury. The guest appeals the trial court's action with respect to both defendants. Finding no error, we affirm.


Correction appears on page ten (10), within Footnote 11 - "Krone's" has been corrected to "Crohn's".

Court: TCA


L. Robert Grefseng, Columbia, Tennessee, for the appellant, Kenneth D. Slocum.

J. Russell Parkes, Columbia, Tennessee, for the appellee, Clarann Slocum.

Karen S. Hazelrigg, Kingston Springs, Tennessee, pro se.


In this divorce action, the trial court awarded a divorce to Wife, divided the marital property, ordered the return of the down payment on the marital residence to the parties' daughter, awarded Husband's interest in the marital residence to Wife as alimony in solido, and awarded Wife's attorneys' fees. On appeal, Husband challenges the trial court's division of property, order to return the down payment on the marital residence to the daughter, finding regarding the value of the marital residence, award of alimony in solido, and award of attorneys' fees. Finding that the trial court abused its discretion in awarding attorneys' fees, the award is vacated. The trial court's order is affirmed in all other respects.



Court: TCCA


Reginald C. Malone, Sr., Nashville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General & Reporter; Rachel West Harmon, Assistant Attorney General; and William C. Whitesell, Jr., District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Reginald C. Malone, Sr., appeals from the Rutherford County Circuit Court's summary dismissal of his timely petition for post-conviction relief. Upon our review, we reverse and remand to the circuit court for a hearing on the issues of ineffective assistance of counsel and the alleged withholding of exculpatory evidence.



Court: TCCA


Christopher N. Orlando, Only, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Randall A. York, District Attorney General; and William M. Locke, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Christopher N. Orlando, appeals from the summary dismissal of his petition for post-conviction relief. Holding that the petition is time-barred, we affirm.



Court: TCCA


Bernard McEvoy, Nashville, Tennessee, for the appellant, Alvis Leroy Sadler.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Roger Moore and Debbie Housel, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Alvis Leroy Sadler, appeals from the denial of his petition for post-conviction relief. In this appeal, he asserts that he was denied the effective assistance of counsel and that he did not knowingly and voluntarily plead guilty. Discerning no error, we affirm the judgment of the post- conviction court.



Court: TCCA


Tyrice L. Sawyers, Atlanta, Georgia, Pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Pamela Anderson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Tyrice L. Sawyers, filed in the Davidson County Criminal Court two petitions for post-conviction relief. The post-conviction court dismissed both petitions as untimely, and the petitioner appeals. Upon review, we affirm the judgments of the post-conviction court.



Legal News
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Legal News
Editorial: Let justice run its course
In an editorial, the Daily News Journal commends law enforcement for a quick arrest in the case of an elderly Eagleville couple who were beaten, tied up and robbed in their rural home Dec. 27. The paper also cautions citizens to wait for the system to do its job: "The initial public reaction is to hang the suspects on the Courthouse Square. But we must let justice run its course. Otherwise, we as a community are no better than those charged with committing the crime."
Read the editorial
Settlement: Bible distribution in school violates constitution
Wilson County Schools agreed to end the distribution of Bibles to students during the school day and on school grounds, after the American Civil Liberties Union of Tennessee threatened to sue on behalf of a fifth-grade student at Carroll-Oakland Elementary School. In the settlement, school board members acknowledged that distribution of Bibles to students at school has been recognized as a violation of the Establishment Clause of the First Amendment to the U.S. Constitution.
NewsChannel5 carried this AP story
High school mock trial coach needed in Chattanooga
Central High School in Chattanooga is trying to revive its mock trial program and is looking for an attorney coach for the 2010 competition. The school will compete in the District 7 competition in February and, if it progresses to the state competition, will compete in Nashville March 19-20. If you are interested in volunteering to help this team, please contact TBA staff member Stacey Shrader at (615) 383-7421 or sshrader@tnbar.org

Scalia calls for more professional diversity on court
U.S. Supreme Court Justice Antonin Scalia said Monday he's concerned there aren't more people with varying professional backgrounds being nominated to the nation's highest court. "Every aspect of your career broadens your outlook and gives insights that you wouldn't have in some other aspect of the legal practice," Scalia said. "That's why I think it's good for the court to have people of varying backgrounds."
The Commercial Appeal carried this AP story
Mumpower says he will likely give it another go
Rep. Jason Mumpower said today he probably will run for speaker of the House again if Republicans add to their majority in the November elections.
Find out more from the City Paper
Farmer to enter race for 8th district seat
John Farmer, who received 27 percent of the vote against longtime incumbent Rep. John Tanner in 2006, has announced on Facebook that he will be adding his name to the list of Republicans pursuing the nomination for the 8th District congressional seat now that Tanner has retired.
NashvillePost.com has more
Editorial: Wilder's bipartisan ways should influence legislators
In an editorial today The Commercial Appeal honors the late John S. Wilder for "his patented bipartisan approach to power." The editorial asks legislators, who will convene next week, to remember his gentle approach in their work this year. "His dedication to bipartisanship, of course, has won him a lot of praise," the paper writes. "If only that appreciation could inspire members of the General Assembly who will be gathering in Nashville next week. Surely it would increase the odds for some productive work to be done."

The Paris Post-Intellegencer expressed similar hopes in its story, along with more thoughts from legislators.

Lt. Gov. Ramsey doesn't want to wait for Cooper's opinion
Lt. Gov. Ron Ramsey has requested an opinion from Attorney General Bob Cooper on whether there are legal grounds to block a health care reform bill passed by the U.S. Senate from becoming law. Cooper has previously said that it would be "premature" to take any action on the health care reform legislation until it passes both the House and Senate in final form.
The News Sentinel reported the news
Your Practice
NALP report said to recommend rule for later student offers
Law firms would be barred from making offers to law students for summer associate positions until sometime in late fall, under recommendations to be made by a 17-member commission later this month. Under the current system endorsed by NALP, law firms can make offers at any time after interviews, and they must keep the offers open for 45 days.
Connect to the news at ABAJournal.com
An item in TBA Today calling for volunteers to help with the Vanderbilt University Commodore Classic invitational mock trial tournament indicated that the tournament was being run by the law school, when in fact it is a program of the undergraduate school. Volunteers are still needed for the event on Jan. 30-31. Those interested in helping should call (615) 653-8467 or email vumocktrial@gmail.com for more information.

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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