Court seeks comments on emeritus pro bono rule

The Tennessee Access to Justice Commission has proposed that the state Supreme Court adopt a new rule establishing an "Emeritus Attorneys Pro Bono Participation Program." Yesterday, the court published the rule for comment. The proposal would create new rule 50A, allowing attorneys who no longer actively practice law to provide free legal services through approved legal assistance organizations. The proposed rule lays out qualifications for participation, a certification process for both lawyers and organizations seeking to participate, and responsibilities of attorneys who are certified. Comments, which are due by April 12, should be submitted to the Supreme Court clerk.

Download the proposed rule

TODAY'S OPINIONS
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SAMUEL S. HAINES v. HENRY COUNTY BOARD OF EDUCATION

Court: TCA

Attorneys:

Charles M. Purcell, Hailey H. David, Jackson, Tennessee, for the appellant, Henry County Board of Education.

Gary J. Hodges, Clarksville, Tennessee, for the appellee, Samuel S. Haines.

Judge: HIGHERS

This appeal arises out of an auto accident. The trial court entered judgment in favor of the plaintiff. The defendant appeals, arguing that the plaintiff's evidence was insufficient to prove causation. We reverse the judgment of the trial court and enter judgment in favor of the defendant.

http://www.tba2.org/tba_files/TCA/2010/hainess_021110.pdf


IN RE: ADOPTION OF N.A.H., a minor (d/o/b 06/06/03)

Court: TCA

Attorneys:

Aaron S. Ayers, Memphis, Tennessee, for the appellant.

Mitzi C. Johnson, Collierville, Tennessee, for the appellee.

Judge: FARMER

This appeal arises from the trial court's order dismissing Petitioners' petition for termination of parental rights and for adoption upon determining that the petition was invalid as a matter of law where it was jointly filed by the child's maternal great-aunt and her daughter, the child's aunt. The trial court awarded Father sanctions pursuant to Rule 11 of the Tennessee Rules of Civil Procedure. We reverse the award of sanctions to Father and dismiss the remainder of the appeal on the grounds of mootness.

http://www.tba2.org/tba_files/TCA/2010/NAH_021110.pdf


STATE OF TENNESSEE v. EDGAR ALLGOOD

Court: TCCA

Attorneys:

William C. Gosnell, Memphis, Tennessee, for the appellant, Edgar Allgood.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William L. Gibbons, District Attorney General; and Tracye Jones, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Defendant, Edgar Allgood, was indicted in count one of the indictment for possession of more than 0.5 grams of cocaine with intent to sell and in count two for possession of more than 0.5 grams of cocaine with intent to deliver. Following a jury trial, Defendant was found not guilty of the charged offenses. The jury found Defendant guilty in count one of the indictment of the lesser included offense of facilitation of possession of more than 0.5 grams of cocaine with intent to sell, a Class C felony, and in count two of the lesser included offense of facilitation of attempted possession of more than 0.5 grams of cocaine with intent to deliver, a Class D felony. The trial court sentenced Defendant as a Range III, persistent offender, to concurrent sentences of twelve years for each conviction, for an effective sentence of twelve years. On appeal, Defendant challenges the sufficiency of the convicting evidence and the trial court's sentencing determinations. After a thorough review, we conclude as plain error that Defendant's dual convictions violate double jeopardy principles. Accordingly, we merge Defendant's conviction of facilitation of attempted possession of cocaine with intent to deliver into his conviction of facilitation of possession of cocaine with intent to sell. We affirm the trial court's judgment as to Defendant's conviction of facilitation of possession of cocaine with intent to sell and his sentence of twelve years. We remand solely for the correction and entry of an appropriate judgment consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2010/allgoode_021110.pdf


STATE OF TENNESSEE v. JODY D. BEARDEN

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Dan. M. Alsobrooks, District Attorney General; and Lisa Donegan, Assistant District Attorney General, for the appellant, State of Tennessee.

William B. "Jake" Lockert, III, Public Defender (on appeal), and Haylee Bradley, Assistant Public Defender (at trial), Ashland City, Tennessee, for the appellee, Jody D. Bearden.

Judge: WELLES

The Defendant, Jody D. Bearden, was charged with Class B felony sexual exploitation of a minor. See Tenn. Code Ann. section 39-17-1003. He filed a motion to suppress images of child pornography found by police on his computer on the grounds that the affidavit supporting the issuance of the search warrant did not establish probable cause to search the computer. The Humphreys County Circuit Court granted his motion. The State now appeals that grant. After our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/beardenj_021110.pdf


STATE OF TENNESSEE v. LIA BONDS

Court: TCCA

Attorneys:

Claiborne H. Ferguson, Memphis, Tennessee, for the appellant, Lia Bonds.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Chris Scruggs, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Lia Bonds, was convicted of second degree murder, and the trial court sentenced her as a Range I, standard offender, to twenty years. Defendant's conviction was affirmed on appeal. State v. Lia Bonds, No. W2006-01943-CCA-R3-CD, 2007 WL 3254711 (Tenn. Crim. App., at Jackson, Nov. 2, 2007). This Court, however, vacated Defendant's sentence because she was improperly sentenced under the 2005 amendments to the 1989 Sentencing Act. On remand, Defendant waived her ex post facto rights to be sentenced under the 1989 Sentencing Act, and the trial court sentenced Defendant under the 2005 amendments to twenty years. On appeal, Defendant argues that the trial court erred in determining the length of her sentence. After a thorough review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/bondsl_021110.pdf


STATE OF TENNESSEE v. JAMES E. DAVIDSON

Court: TCCA

Attorneys:

Gregory D. Smith, Clarksville, Tennessee, for the appellant, James E. Davidson.

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; John W. Carney, District Attorney General; and Helen Young, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, James E. Davidson, appeals from the sentencing decision of the Montgomery County Circuit Court. In addition to pleading guilty to numerous other sexual offenses, the Defendant entered "open pleas" to two counts of rape of a child. Following a sentencing hearing, the trial court imposed consecutive terms of twenty years for these two child rape convictions. On appeal, the Defendant argues that the imposition of consecutive sentences was improper. After review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/davidsonj_021110.pdf


STATE OF TENNESSEE v. GABRIEL CORDOVA DELAROSA

Court: TCCA

Attorneys:

Mike Whalen, Knoxville, Tennessee, for the appellant, Gabriel Cordova Delarosa.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; and Kevin Allen, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

Appellant, Gabriel Cordova Delarosa, was convicted on his guilty plea to one count of vehicular homicide and one count of leaving the scene of an accident involving death or personal injury. He was given an effective sentence of eleven years. He appeals, contending the trial court erroneously applied several enhancement factors. Although the trial court relied upon two improper enhancement factors, upon review we nevertheless conclude that the sentence was appropriate. Therefore, we affirm the trial court's judgments.

http://www.tba2.org/tba_files/TCCA/2010/delarosag_021110.pdf


STATE OF TENNESSEE v. HOLLY A. HATCHER

Court: TCCA

Attorneys:

William L. Moore, Jr., Gallatin, Tennessee, for the appellant, Holly A. Hatcher.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Sallie Wade Brown, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Defendant, Holly Hatcher, was indicted on three counts of statutory rape by an authority figure, a Class C felony, and applied for pretrial diversion. The assistant district attorney general denied her application, and Defendant petitioned the trial court for a writ of certiorari to review the decision. The trial court determined that the assistant district attorney general had not abused her discretion in denying pretrial diversion. Pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure, Defendant now appeals from the decision of the trial court affirming the assistant district attorney general's denial of her application for pre- trial diversion. After a thorough review, we reverse the trial court's order affirming the denial of pretrial diversion and remand this matter for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2010/hatcherh_021110.pdf


STATE OF TENNESSEE v. TANDELYN HICKMAN

Court: TCCA

Attorneys:

Andrew Jackson Dearing, III, Assistant Public Defender, for the appellant, Tandelyn Hickman.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Mike McCowen, District Attorney General, and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

In September 2008, a Marshall County Grand Jury indicted Appellant, Tandelyn Hickman, for ten counts in connection with the fraudulent writing and passing of five checks in December 2007. Appellant pled guilty to all ten counts. The trial court merged the even-numbered counts from the indictment with the odd-numbered counts and sentenced Appellant to six years for each of the five odd-numbered counts. The trial court imposed an effective sentence of twelve years after ordering two of the six-year terms to run consecutively. Appellant appeals the trial court's imposition of consecutive sentences. After a thorough review of the record, we conclude that there is ample support in the record for the imposition of consecutive sentences based upon Appellant's record of criminal activity. See T.C.A. section 40-35-115(b)(2). Therefore, the judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2010/hickmant_021110.pdf


STATE OF TENNESSEE v. THOMAS CHRIS MCDONALD

Court: TCCA

Attorneys:

William B. Lockert, III, District Public Defender and Dawn Kavanagh, Assistant District Public Defender, Ashland City, Tennessee, for the appellant, Thomas Chris McDonald.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; and Dan Alsobrooks, District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Thomas Chris McDonald, pleaded guilty to possession of less than .5 grams of cocaine with intent to sell and received a probated, eight-year sentence as a Range I, standard offender. Ultimately, the Defendant was placed in the Community Corrections Program. Following a subsequent revocation hearing, the trial court ordered that the remainder of the Defendant's sentence be served in confinement. On appeal, the Defendant argues that the trial court abused its discretion in ordering revocation of his community corrections sentence. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/mcdonaldt_021110.pdf


STATE OF TENNESSEE v. KEVIN MCDOUGLE

Court: TCCA

Attorneys:

Claiborne H. Ferguson, Memphis, Tennessee (on appeal) and Stephanie Calvert, Memphis, Tennessee (at trial) for the appellant, Kevin McDougle.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William L. Gibbons, District Attorney General; Dean DeCandia, Assistant District Attorney General; and Scot Bearup, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Kevin McDougle, was convicted of aggravated robbery, a Class B felony, in case no. 06-04210. The trial court sentenced Defendant as a Range I, standard offender, to twelve years. The trial court ordered Defendant to serve his sentence in case no. 06-04210 consecutively to his effective sentence of thirty-two years in case nos. 06-04209 and 07-01739, for an effective sentence of forty-four years. On appeal, Defendant argues that (1) the prosecutor committed prosecutorial misconduct during the cross-examination of a witness for the defense; (2) the trial court erred in imposing consecutive sentencing; and (3) the imposition of consecutive sentencing violates his Sixth Amendment right to a jury trial. After a thorough review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/mcdouglek_021110.pdf


STATE OF TENNESSEE v. LARRY EDWARD MOORE, JR.

Court: TCCA

Attorneys:

Dawn Deaner, District Public Defender; Emma Rae Tennent, Assistant Public Defender; Ginny Flack, Assistant Public Defender; and Katie Weiss, Assistant Public Defender, Nashville, Tennessee, for the appellant, Larry Edward Moore, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Victor S. (Torry) Johnson III, District Attorney General; Deborah Housel, Assistant District Attorney General; and Latasha Alexander, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Larry Edward Moore, Jr., was convicted of carjacking, a Class B felony. The trial court sentenced Defendant as a Range III, career offender, to thirty years. On appeal, Defendant challenges the sufficiency of the convicting evidence and also argues that the trial court erred (1) in not redacting certain statements from Defendant's statement to the police which was introduced as an exhibit at trial; (2) in limiting Defendant's cross-examination of the victim about her use of drugs and whether she had received any compensation from the Victim's Compensation Fund; and (3) in denying Defendant's motion for a mistrial. After a thorough review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/moorel_021110.pdf


STATE OF TENNESSEE v. THELMA E. OSBORNE

Court: TCCA

Attorneys:

Phillip A. Davidson, Nashville, Tennessee, for the appellant, Thelma E. Osborne.

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

Judge: WELLES

The Defendant, Thelma E. Osborne, was charged with one count of each of the following: (1) assault; (2) simple possession of a Schedule IV controlled substance (Valium); (3) simple possession of a Schedule II controlled substance (methadone); (4) simple possession of less than one half ounce of marijuana, a Schedule VI controlled substance; and (5) possession of drug paraphernalia. Each of these crimes is a Class A misdemeanor. See Tenn. Code Ann. sections 39-13-101(b)(1), -17-418(e), -17-425(a)(2). At the close of the State's proof, the trial court granted the Defendant's motion for acquittal as to the assault charge. The jury convicted the Defendant of the remaining counts. In this direct appeal, she contends that the State presented evidence insufficient to convict her of simple possession of Valium or marijuana. After our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/osbornet_021110.pdf


STATE OF TENNESSEE v. LAWRENCE D. RALPH, JR.

Court: TCCA

Attorneys:

L. Scott Grissom, McMinnville, Tennessee, for the appellant, Lawrence D. Ralph, Jr.

Robert E. Cooper, Jr. Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; Lisa Zavogiannis, District Attorney General; and Thomas Miner, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

Following a jury trial, the Defendant, Lawrence D. Ralph, Jr., was convicted of one count of each of the following: initiating a process to manufacture methamphetamine, a Class B felony, simple possession of methamphetamine, simple possession of marijuana, and possession of drug paraphernalia, each a Class A misdemeanor. See Tenn. Code Ann. sections 39-17-435(f), -418(c), -425(a)(2). He was sentenced as a Range II, multiple offender to seventeen years for initiating a process to manufacture methamphetamine and eleven months and twenty-nine days for each misdemeanor. The trial court ordered the Defendant to serve his misdemeanor sentences concurrently with each other and his felony sentence, for a total effective sentence of seventeen years in the Department of Correction. In this appeal, the Defendant contends that: (1) the trial court erred in denying his motion to suppress evidence recovered from his person; (2) the State presented evidence insufficient to convict him of initiating a process to manufacture methamphetamine; (3) the trial court erred in allowing the State to impeach a defense witness using a prior statement that had not been provided in discovery in violation of Tennessee Rule of Criminal Procedure 16; (4) a Tennessee Bureau of Investigation ("TBI") lab report was erroneously admitted; (5) the trial court erred in denying him a continuance following a witness' failure to appear; and (6) the trial court erred in sentencing the Defendant to seventeen years. After our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/ralphl_021110.pdf


STATE OF TENNESSEE v. GERALD EUGENE ROGERS

Court: TCCA

Attorneys:

Matthew R. Armour, Somerville, Tennessee, for the appellant, Gerald Eugene Rogers.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; D. Michael Dunavant, District Attorney General; Terry Dycus, Assistant District Attorney General; and Joni Livingston, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant was found not guilty of violating the open container law, a Class C misdemeanor, and was found guilty of driving under the influence (seventh offense), a Class E felony. The trial court found that Defendant violated the implied consent law and revoked his driver's license for one year. The trial court sentenced Defendant as a Range I, standard offender, to two years to be served on probation after serving one hundred and sixty days in confinement. On appeal, Defendant challenges the sufficiency of the convicting evidence. Specifically, Defendant argues that the evidence was insufficient to support a finding that he was driving on a public road at the time of the incident or a finding that he was driving under the influence of alcohol. After a thorough review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/rogersg_021110.pdf


JASON LEE WHITE a/k/a/ JASON BROADNAX v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jason White, Pro Se, Whiteville, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; John Carney, District Attorney General, and Steven Garrett, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Jason Lee White, appeals the post-conviction court's dismissal of his petition for post-conviction relief. Petitioner pled guilty in September of 1996 to two counts of aggravated robbery and one count of attempted aggravated robbery. As a result, he was sentenced to an effective sentence of twenty-three and one-half years. On May 19, 2008, Petitioner filed a petition for post-conviction relief. Petitioner filed a supplemental petition for post-conviction relief on September 8, 2008. The post-conviction court dismissed the petition on September 24, 2008, holding that "Blakely violations do not apply retroactively to cases on collateral appeal." Petitioner then filed a "Motion/petition to Vacate Final Order and Judgment" on April 20, 2009, and a notice of appeal on May 11, 2009. We determine that the petition for post-conviction relief was properly dismissed because it was time-barred and Petitioner failed to show that the statute of limitations should be tolled. Accordingly, the judgment of the post-conviction court is affirmed.

http://www.tba2.org/tba_files/TCCA/2010/whitej_021110.pdf


STATE OF TENNESSEE v. KRISTEN A. WILSON

Court: TCCA

Attorneys:

David L. Raybin, Nashville, Tennessee, for the appellant, Kristen A. Wilson.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Kyle Anderson, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Defendant, Kristen A. Wilson, entered a plea of guilty to driving under the influence per se. Defendant was sentenced to eleven months, twenty-nine days, which sentence was suspended after service of forty-eight hours in confinement. As part of the negotiated plea agreement, the parties purported to reserve a certified question of law pursuant to Rule 37(b)(2)(I) of the Tennessee Rules of Criminal Procedure. After review, we conclude that Defendant has failed to comply with the strict requirements of Tennessee Rule of Criminal Procedure 37(b)(2) and dismiss the appeal.

http://www.tba2.org/tba_files/TCCA/2010/wilsonk_021110.pdf


TODAY'S NEWS

Legal News
Court of the Judiciary
Supreme Court Report
Politics
Passages
Upcoming
TBA Member Services

Legal News
TJC solicits nominees for 'Mother of the Year'
The Tennessee Justice Center is soliciting nominations for its annual "Mother of the Year" award, which recognizes biological and foster mothers who overcome obstacles to obtain care for sick and disabled children. This annual event acknowledges the struggles, sacrifices and devotion of Tennessee mothers. Those who wish to nominate a mother should submit a short statement and a photo by April 9. For more information contact the center at (615) 255-0331.

Law students to help Haitians during spring break
The University of Miami School of Law wants law students to spend spring break in Florida, but not necessarily at the beach. The school is using its legal clinic to help Haitians file for temporary protected status and is recruiting other law students to participate. A group from the University of Memphis is already scheduled to spend a week helping with the program.
The ABA Journal has the story
Index show uptick for law firms
Demand for legal services may still be not as strong as in the past, but a recent law firm performance index produced by Hildebrandt Baker Robbins shows a rise for the most recent quarter -- the third straight quarterly increase for the index.
Read more from the Thomson Reuters Legal Current blog
Crafton to seek Juvenile Court clerk's job
Metro Nashville Councilman Eric Crafton has announced he will run for Davidson County Juvenile Court clerk as a Republican, saying he wants to the use the position to advocate for children. Crafton made a name for himself last year when he pushed a proposal requiring metro government business be conducted in English only.
The Tennessean has the story
Looking good in court may pay off for defendants
A report by WBIR-TV Channel 10 in Knoxville suggests that from speeding tickets to serial murders, clothes worn in court are a subtle part of the proceedings. From a murder defendant who got a haircut, shave and new clothes between arrest and trial, to the client who was encouraged to abandon diamond-studded garments for a more conservative outfit, defense lawyers routinely revamp their clients' looks in hopes of favorably impacting the court or a jury.
Learn more about this trial tactic
Haitian judge recommends release of Americans
A Haitian judge recommended today that 10 American missionaries detained in the country be released and allowed to leave, while keeping a representative in Haiti to answer any further questions. The missionaries have been jailed since Jan. 29, after attempting to take 33 children to the Dominican Republic. The judge's recommendation has been sent to the prosecutor, who may accept or appeal the decision.
The New York Times reports
Leaks fixed at Hawkins County justice center
Soon after moving into the new Hawkins County Justice Center, occupants discovered a leak over the Circuit Court clerk's office and the building's lobby. It turned out to be excess water in the air conditioning units, which has now been fixed according to the building's architect. The Rogersville Review reported the news.

Court of the Judiciary
New motions filed in Bell case
Yesterday, five motions were filed in the case of Cocke County General Sessions Judge John A. Bell, who is facing allegations of judicial misconduct. Two motions -- a motion to dismiss and a motion to compel the production of documents -- were filed by Bell. Three motions -- a motion to compel a witness to answer discovery, a motion to compel Bell to answer discovery, and a motion to amend the charges -- were filed by the Court of the Judiciary.
Read the motions here
Supreme Court Report
Opinion: Dated hypotheticals reveal court's age
Supreme Court reporter and author Joan Biskupic writes in USA Today that recent oral arguments at the Supreme Court remind observers how "old-fashioned" the court is and "how dated its reference points can be." With the average age of justices hovering at about 70, Biskupic suspects that court watchers aren't likely to hear contemporary references when the justices look for hypotheticals to frame the issues at stake.
Read her piece
Politics
Rep. Fitzhugh rules out congressional bid
State Rep. Craig Fitzhugh, D-Ripley, announced today he will not run for the 8th Congressional District seat being vacated by U.S. Rep. John Tanner. Fitzhugh, 59, a banker and lawyer, had considered running for his party's nomination. Instead, he will seek a ninth term in the state House where he represents District 82, which encompasses Crockett, Dyer and Lauderdale counties. His decision leaves state Sen. Roy Herron, D-Dresden, as the only major Democratic candidate.
Read about Fitzhugh's decision from Humphrey on the Hill
Group urges women to run
The Memphis Area Women's Council is urging local women to run for office. Last week, it held its first "Run Women Run" event with Tennessee Supreme Court Chief Justice Janice Holder, Tennessee state Rep. Karen Camper, D-Memphis, Germantown mayor Sharon Goldsworthy and attorney Ruby Wharton with The Wharton Law Firm. During the non-partisan event, attendees heard advice on running for and serving in political office and discussed campaign strategies, financial tips and the importance of integrity in politics.
The Memphis Flyer reports
Passages
Services Friday for retired Nashville lawyer
John W. Nolan III of Bon Aqua died Feb. 9 after a struggle with pancreatic cancer and a neurological disorder. He was 72. Nolan earned his law degree from the University of Tennessee College of Law in 1961 and began practicing law in Nashville in 1962. A jury trial lawyer for 45 years, he was a fellow of the American College of Trial Lawyers and the American Board of Trial Advocates. The family will receive friends at the Taylor Funeral Home in Dickson tomorrow, Feb. 12, from 2-4 and 6-8 p.m. On Saturday, Feb. 13, visitation will be held from 11 a.m. to 12:30 p.m. The funeral service will follow at 1 p.m. Interment will be at the Dickson County Memorial Gardens. In lieu of flowers, contributions may be made to the First Presbyterian Church of Dickson, Alive Hospice or the Tennessee Democratic Party.
Read the full obituary in the Tennessean
Upcoming
Judges needed for collegiate mock trial
The final round of the American Mock Trial Association's National Intercollegiate Mock Trial Tournament will be held April 16-18 in Memphis and attorneys are needed to serve as judges for any or all of four competition rounds. The event will be held at the Shelby County Courthouse. Lawyers can volunteer their time or receive up to 13 hours of CLE credit. For more information or to register as a volunteer, please contact Whitney Faust (fauwl@rhodes.edu) or Marcus Pohlmann ((pohlmann@rhodes.edu) with the Rhodes College Department of Political Science. The department can be reached by phone at (901) 843-3818.

TBA Member Services
Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more

 
 
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