TBA board recommends 4 for judicial commission

The Tennessee Bar Association's Board of Governors recently voted to recommend four lawyers who had applied to fill an open position on the Tennessee Judicial Nominating Commission. Recommended were Edward Brading of Johnson City, Richard Ladd of Bristol, David McDowell of Chattanooga and Shelly Wilson of Knoxville. The recommendations were given to House Speaker Kent Williams, who will appoint a replacement for David Bautista, a Williams appointee who has resigned from the Commission. The new Commission member will fill out the remainder of Bautista's term, which expires June 30, 2015.
TODAY'S OPINIONS
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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.

IN RE AUTUMN K. ET AL.

Court: TCA

Attorneys:

Nick Perenich, Nashville, Tennessee, for the appellant, Joseph K.

Dennis L. Nordhoff, Franklin, Tennessee, for the appellant, Brandy B.-K.

Judge: SUSANO

Brandy B.-K., ("Mother") and Joseph K. ("Father") appeal the termination of their parental rights to their six minor children: Autumn K. (DOB: 2/19/97), River K. (DOB: 4/19/00), Micah K. (DOB: 10/17/01), Summer K. (DOB: 7/16/03), Christopher B.-K. (DOB: 12/24/06), and Kayden B.-K. (DOB: 12/24/06) (collectively, "the Children"). In separate appeals, Mother and Father challenge the juvenile court's finding that multiple grounds for termination were established by clear and convincing evidence and that termination was in the best interests of the Children. In addition, Father contends that DCS failed to make reasonable efforts toward reunification. We affirm the judgment as to both Mother and Father.

http://www.tba2.org/tba_files/TCA/2010/autumn_030210.pdf


NAOMI SCHUTTE, AS ADMINISTRATOR OF THE ESTATE OF WILLIAM ANTHONY LUCY, deceased v. CHEYENNE JOHNSON, SHELBY COUNTY ASSESSOR ET AL.

Court: TCA

Attorneys:

Jerry H. Schwartz, Memphis, Tennessee, for the appellant, Naomi Schutte, as Administrator of the Estate of William Anthony Lucy.

Brian L. Kuhn, Shelby County Attorney, Thomas E. Williams, Assistant County Attorney and Dedrik Brittenum, Jr. Assistant County Attorney, Memphis, Tennessee, for the appellee(s), Cheyenne Johnson, Shelby County Assessor and Paul Matilla, Shelby County Trustee.

Judge: FARMER

This appeal arises out of an action to refund tangible personal property taxes. The administrator of a decedent's estate filed suit against the Shelby County Assessor of Property and the Shelby County Trustee following the payment of delinquent taxes. The administrator alleged that prior forced assessments of the decedent's property were illegal, arbitrary, and unduly excessive. The chancery court determined it did not have subject matter jurisdiction to hear the case. We affirm.

http://www.tba2.org/tba_files/TCA/2010/schutten_030210.pdf


STATE OF TENNESSEE v. KEVIN REID

Court: TCCA

Attorneys:

George M. Googe, District Public Defender; Paul E. Meyers, Assistant Public Defender, for the Defendant-Appellant, Kevin Reid.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew B. Haskell, Assistant Attorney General; James G. Woodall, District Attorney General; and Jim Thompson, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

The Defendant-Appellant, Kevin Reid, appeals the revocation of his intensive probation by the Circuit Court of Madison County, for which his original four-year term of probation was re-instated after the service of eleven months and twenty-nine days in the county jail. Reid originally pled guilty to attempted aggravated assault, a Class D felony, possession of a deadly weapon with the intent to employ in the commission of a felony, a Class E felony, and reckless endangerment, a Class E felony. For the attempted aggravated assault, Reid was sentenced to four years intensive probation, after thirty days confinement, and assessed a $150 fine. For the possession of a deadly weapon and reckless endangerment convictions, Reid was sentenced to concurrent two year terms of intensive probation, to be served concurrently with the attempted aggravated assault. On appeal, Reid claims the trial court erred by revoking his intensive probation and ordering that he serve 11 months and 29 days in jail. Upon review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/reidk_030210.pdf


Rules Implementing the Tamper-Resistant Prescription Act

TN Attorney General Opinions

Date: 2010-03-02

Opinion Number: 10-22

http://www.tba2.org/tba_files/AG/2010/ag_10_22.pdf

Corporate Criminal Responsibility under Tennessee Code Annotated section 39-16-602(c)

TN Attorney General Opinions

Date: 2010-03-02

Opinion Number: 10-23

http://www.tba2.org/tba_files/AG/2010/ag_10_23.pdf

Separation of Powers With Regards to the Regulation of the Practice of Law

TN Attorney General Opinions

Date: 2010-03-02

Opinion Number: 10-24

http://www.tba2.org/tba_files/AG/2010/ag_10_24.pdf

TODAY'S NEWS

Legal News
Politics
Legislative News
Supreme Court Report
TBA Member Services

Legal News
Court appoints 3 to BPR
The Tennessee Supreme Court recently appointed three members to the Board of Professional Responsibility. The new appointees are Susan E. McGannon of Murfreesboro and Eleanor Yoakum of Tazewell. The Court also reappointed William C. Bovender of Kingsport for a second term. The members have been appointed to three-year terms, which will expire on Dec. 31, 2012.
Download the news release
Sevier County mayor defends prayer at meetings
A Washington-based legal group says it may sue to stop the Sevier County Commission from opening its meetings with the Lord's Prayer, and to take down a picture depicting the Ten Commandments. "I think it's appropriate to say a prayer at the beginning of the meetings and I'm going to continue doing so," County Mayor Larry Waters said, adding that he's been doing it for 32 years. The Supreme Court has ruled that prayers are allowed at such gatherings provided they are not specific to any given religion. "It's a no-brainer that it's a Christian prayer," a spokesman for Americans United for Separation of Church and State said. "I think that (arguing it's not) would be a bit of a reach."
Learn more from the Mountain Press
Judge Burch honored for 30 years on bench
Circuit Court Judge Robert Burch was honored for his 30 years of service on the bench in the 23rd Judicial District Friday at a luncheon given by the Dickson County Bar Association. Burch was appointed to the Circuit Court on Jan. 29, 1980. "If the Lord lets me live I'm going to finish out this term, whether you want me to or not," the judge told the crowd. "But at the end of this term I'm gone."
Read the story in the Dickson Herald
Study gives insight into lawyer careers, tracks new lawyers
A new study on lawyer careers from the American Bar Foundation finds most young lawyers are satisfied with their careers and in their decisions to become lawyers, but also confirms that they change jobs often.
Learn more about what the study found
Politics
Harold Ford Jr. will not run for Senate
Harold Ford Jr. announced today he will not run for Senate in New York after all. His reason, in part, was so as not to help Republicans in the race. "If I run, the likely result would be a brutal and highly negative Democratic primary -- a primary where the winner emerges weakened and the Republican strengthened."
Read his commentary in The New York Times
Legislative News
Bill to force courts to order equal parenting in committee
A bill that would make courts order equal parenting time unless one of those parents is unfit is being considered in the state House. "The problem with it is there are many circumstances where it's not in the child's best interest to be with both parents half the time," attorney David W. Garrett said. "I think instead of looking at what is best in each case for the children it's going to arbitrarily say 50/50 unless you prove otherwise." A House committee was to hear from opponents and supporters of the bill today.
WKRN.com has the story
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
Supreme Court Report
Court may extend scope of 2nd Amendment
The U.S. Supreme Court is expected to extend the scope of the Second Amendment right to bear arms to limit state and federal regulation of firearms, based on oral arguments in McDonald v. City of Chicago heard today. If so, the Court will complete the constitutional sea change that began in 2008 when, in D.C. v. Heller, the Court first ruled that the awkwardly worded Second Amendment embodied an individual right to bear arms, rather than a right related to state militias.
The National Law Journal provides analysis of the arguments
Is 'not talking' the same thing as 'remaining silent?'
Several U.S. Supreme Court justices indicated Monday that suspects should tell police that they want to be silent to take advantage of the Miranda right. "Why don't we have just a clear rule: You are read your rights; if you don't want to be questioned, all you have to say is 'I don't want to be questioned'?" Justice Antonin Scalia asked. But other justices saw problems with that rule, saying police should have known that Van Chester Thompkins didn't want to cooperate by his lack of cooperation. "It's at least arguable that his silence indicated he wished to remain silent," Justice John Paul Stevens said.
WKRN.com carried this AP story
TBA Member Services
New resources available for TBA members
The TBA Law Office Technology & Management Section has purchased a collection of resource materials to be added to the TBA Lending Library for use by all members. Those materials include:

-- Letters for Litigators: Essential Communications for Opposing Counsel, Witnesses, Clients and Others
-- Letters for Lawyers: Essential Communications for Clients, Prospects and Others, Second Edition
-- Risk Management: Survival Tools for Law Firms, Second Edition
-- The 2009 Solo & Small Firm Legal Technology Guide: Critical Decisions Made Simple
-- The Lawyer's Guide to Adobe Acrobat, Third Edition (Covers Adobe Acrobat 8.0)
-- The Lawyer's Guide to Collaboration Tools & Technologies: Smart Ways to Work Together + CD-ROM Supplement
-- The Lawyer's Guide to Governing Your Firm
-- The Lawyer's Guide to Marketing on the Internet, Third Edition
-- The Lawyer's Guide to Microsoft Excel 2007
-- The Lawyer's Guide to Microsoft Outlook 2007
-- The Lawyer's Guide to Practice Management Systems Software, Second Edition

Books may be borrowed for up to two weeks. To request a book, please email Sharon Ballinger or call her at (615) 383-7421.


 
 
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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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