Former Chief Justice Reid addresses NAACP

Former Tennessee Supreme Court Chief Justice Lyle Reid urged a crowd at the state NAACP 2010 Race Relations Summit "to dedicate ourselves to the elusive, unrealized goals of justice and freedom." Reid told those gathered at the Jackson event this weekend that those goals can only be attained when race is not a key factor in American society. The summit brought discussions on youth and health on Friday to Lane College and continued Saturday with workshops on green jobs and education.

The Jackson Sun has more

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
01 - TN Court of Appeals
03 - 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/2010/certlist_030110.pdf


IN RE: DRAVYN L.D.
CORRECTED OPINION: On page 1, line 5 of the orientation paragraph, the word "were" is changed to "was"


Court: TCA

Attorneys:

Adam Wilding Parrish, Lebanon, Tennessee, for the appellant, Candis D.

Robert E. Cooper, Jr., Attorney General and Reporter and Douglas Earl Dimond, Senior Counsel, Office of Attorney General and Reporter, Nashville, Tennessee, for the appellee, State of Tennessee Department of Children's Services.

Judge: SUSANO

The Tennessee Department of Children's Services ("DCS") filed a petition to terminate the parental rights of Candis D. ("Mother") with respect to her minor daughter, Dravyn L.D. ("the Child"). The petition alleged multiple incidences of abandonment, substantial noncompliance with a permanency plan, and persistent conditions. The juvenile court terminated Mother's parental rights upon finding that each of the grounds alleged was established by clear and convincing evidence. Mother appeals. She contends that DCS's handling of the case effectively denied her the right to due process. She further challenges the juvenile court's finding that she was in substantial noncompliance with the permanency plan. We affirm.

http://www.tba2.org/tba_files/TCA/2010/dravyn_CORR_030110.pdf


STATE OF TENNESSEE v. RICHARD E. BROWN, JR.

Court: TCCA

Attorneys:

Richard E. Brown, Jr., pro se.

Robert E. Cooper, Jr., Attorney General & Reporter, Matthew Bryant Haskell, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The Appellant, Richard E. Brown, Jr., appeals his conviction and sentence for driving under the influence, second offense. Because the Appellant failed to prepare an adequate record on appeal, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2010/brownr_030110.pdf


STATE OF TENNESSEE v. NIGEL KAVIC WATKINS

Court: TCCA

Attorneys:

Shawn P. Sirgo, Nashville, Tennessee, for the appellant, Nigel Kavic Watkins.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth T. Ryan, Associate Deputy Attorney General; Angele M. Gregory, Assistant Attorney General; Tom P. Thompson, District Attorney General; and David E. Durham, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Nigel Kavic Watkins, was charged with one count of first degree felony murder and one count of aggravated child abuse. Following a jury trial, he was convicted of one count of reckless homicide, a Class D felony, and one count of aggravated child abuse, a Class A felony. See Tenn. Code Ann. sections 39-13-215(b), -15-402(b). He was sentenced as a Range I, standard offender to four years for reckless homicide and, as a violent offender, to twenty-five years for aggravated child abuse. The trial court ordered him to serve these sentences consecutively, for a total effective sentence of twenty-nine 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 his statement; (2) the trial court erred in allowing the introduction of certain autopsy photographs; (3) the State presented evidence insufficient to convict him of aggravated child abuse; and (4) the trial court erred in setting the length of his sentence and in ordering consecutive service. We notice as plain error that the Defendant's rights under the Fifth Amendment to the United States Constitution's double jeopardy clause were violated by his dual convictions. After our review, we affirm the Defendant's conviction for aggravated child abuse. We merge the Defendant's reckless homicide conviction into his aggravated child abuse conviction and remand for resentencing.

http://www.tba2.org/tba_files/TCCA/2010/watkinsn_030110.pdf


STATE OF TENNESSEE v. JOHNNY BERNOSA YOUNG

Court: TCCA

Attorneys:

Sheryl D. Guinn, Brentwood, Tennessee, for the Defendant-Appellant, Johnny Bernosa Young.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy E. Wilber, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Leticia F. Alexander, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

The Defendant-Appellant, Johnny Bernosa Young, was convicted by a Davidson County Criminal Court jury of aggravated burglary, a Class C felony, and theft of property valued at $1000 or more, a Class D felony. The sole issue presented for our review is whether the trial court erred in ordering Young to serve his felony sentences consecutively. Upon review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/youngj_030110.pdf


TODAY'S NEWS

Legal News
Court of the Judiciary
Legislative News
Your Practice
TBA Member Services
TennBarU CLE

Legal News
Clarksville firm hits 150
A Clarksville law firm celebrates its 150th year in business, having had a U.S. Supreme Court justice and two presidents of the Tennessee Bar Association as part of its past. Batson, Nolan, Pearson, Miller & Joiner PLC was also nearly blown away by the city's 1999 tornado but is still standing strong.
The Leaf Chronicle tells the story
U.S. Supreme Court rejects death row inmate's lethal injection challenge
The U.S. Supreme Court declined today a Tennessee death row inmate's challenge to the state's lethal injection process. The court rejected without comment an appeal from Edward Jerome Harbison.
The Associated Press has more
Gangs posing more problems in juvenile court
Gang membership is growing, and those who come through Davidson County's juvenile court are more violent than they used to be, according to a Tennessean investigative report. Juvenile Judge Betty Adams Green told the newspaper that the gang culture sometimes interferes with administering justice. She said there have been three shooting cases over the past few years in which the person shot didn't show up in court to testify. Not because they were afraid, but because they were members of a rival gang and wanted their assailant out.
The Tennessean reports
Gun control at issue in high court
U.S. Supreme Court justices will be deciding on Tuesday whether the right to possess guns guaranteed by the Second Amendment applies to states as well as the federal government. It's widely believed they will say it does. But even if the court strikes down handgun bans in Chicago and its suburb of Oak Park, Ill., it could signal that less severe rules or limits on guns are permissible.
The Times Free-Press carried this AP story
Wyatt firm receives honor
For the second consecutive year, the law firm of Wyatt, Tarrant & Combs LLP, has been named one of the Best Employers in Tennessee by the Best Companies Group in partnership with the Tennessee Chamber of Commerce and the Society of Human Resources Management. The recognition honors companies and businesses in Tennessee that show a dedication to employee growth, development and quality of life.

Court of the Judiciary
Daniel says summary judgment should be denied
On Friday, disciplinary counsel Joseph S. Daniel filed a response to Judge John A. Bell's motion for summary judgment and Rule 56 Statement of Undisputed Facts Response, saying among other things that the motion is premature and should be dismissed. Today Daniel also filed a memorandum in support of the response.
Download the documents from the AOC
Legislative News
Track legislation of interest to Tennessee attorneys
The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a postiion on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.
TBA Bill Tracking Service
Your Practice
Networking tips for law students
Law students sometimes struggle to build the kinds of relationships that can lead to a better educational experience and a good start in the profession. The LegalCurrent blog from Thomson Reuters offers advice and a link to an article on how "Law Students Can Benefit from Networking Follow-up."
Read the full article from the National Law Journal
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
Make lemonade with the March Tennessee Bar Journal
In the March issue of the Tennessee Bar Journal Michael J. Higdon will show you why, when you find a case that supports your opponent's view, it's better to go and make the best of it by bringing it up first. Timothy Perkins explains Twittering and Don Paine warns about will contests. President Gail Vaughn Ashworth commends our volunteers, Dan W. Holbrook points out the advantages of the "2010 Window" for estate planning, Ernest Petroff reviews David Halberstam's recent book, and humor columnist Bill Haltom gives new details on how the former Knoxville firm of "Kiffin, Kiffin & Orgeron" fled the city to be replaced not only with a new football coach ... but a lawyer. Take that, Lane.
Read the Journal online
TennBarU CLE
Spanish for Lawyers webcasts start Thursday
Interested in serving the rapidly expanding Hispanic population in Tennessee? The TBA's TennBarU has teamed up with the Tennessee Foreign Language Institute for a series of five webcasts. Each of the Spanish for Lawyers programs will take on a different topic to help you communicate with Spanish speaking clients. All include useful materials and will be available in your account for one year for review.
Learn more about the Spanish for Lawyers webcast series

 
 
Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php

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 2010 Tennessee Bar Association