Memphis team repeats as mock trial champ

White Station High School of Memphis claimed its second straight mock trial championship Saturday, defeating St. Mary's Episcopal School in the TBA YLD's 30th annual Tennessee State High School Mock Trial Competition. The team now will represent Tennessee at the National High School Mock Trial Competition in Philadelphia, May 5-9.

The two-day state competition, which took place Friday and Saturday, involved 14 teams and 200 volunteers, including lawyers, law students and paralegals. More than 20 sitting judges in the state presided over the trial rounds at the Metro Davidson County Courthouse in downtown Nashville. Tennessee Supreme Court Chief Justice Janice Holder presided over the championship match Saturday evening. Download more information, including teams and volunteer judges' names. Or read a report from the Memphis Commercial Appeal.

See pictures from the competition on TBAConnect.
TODAY'S OPINIONS
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2010/certlist_032210.pdf


DEBORAH SOUTHERN ANTRICAN v. ALVIN MICHAEL ANTRICAN

Court: TCA

Attorneys:

Douglas R. Beier, Morristown, Tennessee, for the Appellant, Alvin Michael Antrican.

Denise Terry Stapleton, Morristown, Tennessee, for the Appellee, Deborah Southern Antrican.

Judge: SWINEY

This is a divorce case following a long-term marriage. Following a trial, the Trial Court classified the property as separate or marital, divided the marital property, awarded Wife $30,000 as her share of farm income that was earned after the parties separated, and awarded Wife alimony in futuro of $800 per month and alimony in solido of $20,000 for partial payment of her attorney fees. Both parties appeal raising various issues. We modify the award of $30,000 in farm income to an award of $2,184. We also modify the award of alimony in futuro to be $400 per month, with this modification to become effective sixty days from the date our judgment is entered. In all other respects, the judgment of the Trial Court is affirmed.

http://www.tba2.org/tba_files/TCA/2010/antricand_032210.pdf


ROBERT A. CAMPBELL, ET AL. v. JANICE WEST

Court: TCA

Attorneys:

Robert W. Wilkinson, Oak Ridge, Tennessee, for the appellants, Robert A. Campbell and Cynthia L. Campbell.

Andrew N. Hall, Wartburg, Tennessee, for the appellee, Janice West.

Judge: SWINEY

Robert A. Campbell and Cynthia L. Campbell ("the Campbells") sued Janice West seeking a declaratory judgment with regard to a right-of-way. Ms. West answered the complaint and filed a motion to dismiss pursuant to Tenn. R. Civ. P. 12.02(6) for failure to state a claim upon which relief can be granted alleging that a prior lawsuit between these same parties was res judicata as to the instant suit. After a hearing, the Trial Court entered an order finding and holding, inter alia, that the right-of-way that is the subject of this suit is the same roadway that was at issue in the previous suit between these parties and that all issues between these parties as to that roadway should have been raised in the first suit and are precluded from being raised in this suit. The Campbells appeal. We hold that res judicata bars this lawsuit and affirm.

http://www.tba2.org/tba_files/TCA/2010/campbellr_032210.pdf


MID-SOUTH INDUSTRIES, INC. v. MARTIN MACHINE & TOOL, INC.,

Court: TCA

Attorneys:

Dan R. Alexander, Nashville, Tennessee, for the appellant, Martin Machine & Tool, Inc.

Beau E. Pemberton, Dresden, Tennessee, for the appellant, Spydell Davidson

Jonathan C. Stewart, Nashville, Tennessee, for the appellee, Mid-South Industries, Inc.

Edmund W. Turnley, Nashville, Tennessee, for the appellees, Milina Cramb and Clayton V. Cramb, III

Judge: HIGHERS

When Mid-South ceased operation of its metal working business, the defendants purchased several pieces of equipment at auction, and the parties entered into an agreement whereby Mid-South would store the equipment until the defendants could re-sell it, and the parties would split the profits. After Mid-South notified the defendants that its property was being sold, the parties conducted a second auction. The defendants failed to remove their unsold equipment, and Mid-South filed suit. Defendant Martin Machine filed a counterclaim. The trial court awarded Mid-South $63,000 for equipment storage, and it awarded Martin Machine and Defendant Spydell Davidson $80,088.02 for "unrecovered costs" and $32,000 for the use of a forklift. The parties raise numerous issues on appeal. We affirm the trial court's award of $63,000 to Mid-South for storage costs, specifically finding that such award does not include storage of three pieces of equipment at issue. We further affirm the trial court's dismissal of the other parties (the Crambs), its finding that there was no breach of contract, and its offset of the defendants' recovery by $23,476. Regarding the trial court's award of $80,088.02 to the defendants, we find that Martin Machine's claim for lost profits is barred by the statute of limitations, but that its claims for magazine advertising, direct labor related to equipment, and auction costs are not. Thus, we remand to the trial court for a determination of the basis of the $80,088.02 award. We find that the trial court applied the appropriate measure of damages in valuing the improperly detained forklift, but we remand to the trial court to determine the appropriate number of months on which the award should be based. We reverse all awards to Mr. Spydell Davidson. Finally, we find that the trial court impliedly denied the defendants' request for dismissal, and that the defendants waived the issue of fraud.

http://www.tba2.org/tba_files/TCA/2010/midsouth_032210.pdf


STATE OF TENNESSEE v. CARLOUS LEON CLARK

Court: TCCA

Attorneys:

Susan D. Korsnes, Jackson, Tennessee, for the appellant, Carlous Leon Clark.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; David H. Findley, Assistant Attorney General; James G. Woodall, District Attorney General; Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

A Madison County grand jury indicted the Defendant, Carlous Leon Clark, for attempted first degree murder, two counts of aggravated assault, aggravated burglary, and assault. The Defendant moved to dismiss the charges, claiming that a trial would not comply with the speedy trial provisions of the United States and Tennessee constitutions. The trial court denied the Defendant's motion to dismiss, and a Madison County jury convicted the Defendant of attempted first degree murder, assault, two counts of aggravated assault, and aggravated criminal trespass. On appeal, the Defendant contends that the trial court erred when it denied his motion to dismiss based on a violation of his right to a speedy trial. After a thorough review of the record and the applicable law, we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2010/clarkc_032210.pdf


MICHAEL JOSEPH GRANT v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Michael Joseph Grant, Tiptonville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Robert Steve Bebb, District Attorney General; and A. Wayne Carter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioner, Michael Joseph Grant, appeals the summary dismissal of his petition for writ of error coram nobis. The petitioner claims the trial court should have held an evidentiary hearing and allowed evidence of witness statements that would have impacted the outcome of the proceedings. We conclude the writ of error coram nobis upon this record is not available to the petitioner because he pled guilty. The summary dismissal is affirmed.

http://www.tba2.org/tba_files/TCCA/2010/grantm_032210.pdf


STATE OF TENNESSEE v. LANCE MURRAY

Court: TCCA

Attorneys:

Scott Hall (at trial), Memphis, Tennessee, and Harry E. Sayle III (on appeal), Memphis, Tennessee, for the Appellant, Lance Murray.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; Pamela Fleming, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Shelby County jury convicted the Defendant, Lance Murray, of facilitation of robbery. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction. After a thorough review of the record and applicable authorities, we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2010/murrayl_032210.pdf


Performance Audit of the State Trial Courts for the 20th Judicial District

TN Attorney General Opinions

Date: 2010-03-22

Opinion Number: 10-35

http://www.tba2.org/tba_files/AG/2010/ag_10_35.pdf

TODAY'S NEWS

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

Legal News
6 confirmed by Senate to serve on LSC board
Six presidential nominees were confirmed by the U.S. Senate Friday to serve on the Board of Directors of the Legal Services Corporation (LSC). The six nominees were Sharon L. Browne, Robert J. Grey Jr., Charles N.W. Keckler, John G. Levi, Victor B. Maddox and Martha L. Minow. President Obama announced their nominations last year and the nominations were approved by the Senate Committee on Health, Education, Labor and Pensions.
Learn more from the LSC
Somalia's chief judge asks for 'help to sort out the mess'
Somalia's court system is being undermined by a lack of security, irregular financing and interference from top politicians, Mohamud Omar Farah told The Associated Press in a recent interview. "Somalia needs an effective judicial system more than any time before to sort out the mess left behind by nearly two decades of conflict," he said. He took office as Somalia's chief justice in December. "We have to turn a decayed system around, and to do so we need a money that we don't have right now."
WATE.com reported this AP story
Eye scans to be added to crime database
All inmates at Virginia's Hampton City Jail will undergo biometric eye scans, with the information going into a database that includes fingerprints, photographs and other data. The new system comes courtesy of a $10,000 federal grant through the Department of Justice's community-policing program. It takes a high-resolution picture of each inmate's eye, and is able to detect differences in the irises of identical twins, said BI2 Technologies, the Plymouth, Mass., maker of the system.
Tri-Cities.com reported this AP story
Court of the Judiciary
Bell pretrial motions set
A pretrial motion is set for May 11 at 1 p.m. at the Rutherford County Judicial Building in Murfreesboro to hear various motions filed by counsel for Judge John A. Bell, as well as Disciplinary County, stemming from a complaint by David Pleau.
Download the order
Legislative News
Measures taken to limit health care bill in state
Reaction in Tennessee to the federal health care bill is varied, including Lt. Gov. Ron Ramsey calling for the state attorney general to challenge the constitutionality of the bill. The Commercial Appeal has the story.

And a bill to counteract the federal health care bill is scheduled for its first vote on the House side Wednesday, when the measure comes before a subcommittee of the House Commerce Committee. The "Tennessee Health Freedom Act" (SB3498) says that the states, not the federal government, have power to determine health care policy. It has already been approved on a 26-1 vote, with five members abstaining, in the state Senate.
The News Sentinel reports
Parties' election power at risk
Tennessee's political parties watched recently as legislators debated a bill that takes away some of their power over primary elections. The issue is complicated and sparked heated debate.
WPLN explains what legislators are trying to do
State's Blue Book now online
The 2009-2010 Tennessee Blue Book, the source for information about state government and history, is now available online. The Blue Book is produced every two years by the Secretary of State's office, containing information about the legislative, executive and judicial branches of state government -- including biographical information about top elected and appointed officials. The book also includes biographical information about the state's representatives in Congress, the full texts of the state and U.S. constitutions, a detailed history of the state, information about historical sites around Tennessee, statistics about cities and counties, election results, state symbols and more.
Access the Blue Book
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
TennBarU CLE
Does you firm need a social networking policy?
Join Nashville attorney Jason Pannu of Lewis, King, Krieg & Waldrop, P.C. for a noon Wednesday webcast looking at why a firm should consider creating a social networking policy for its employees, the issues that need to be addressed in such a policy, and the potential challenges in implementing a policy. Sample policies will be available for attendees to download.
Find out more or register now

 
 
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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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