TBA announces corporate counsel pro bono awards

The Tennessee Bar Association will recognize the law firm of Miller & Martin PLLC and the corporate legal department at International Paper for their commitment to providing free legal services to the poor at the Corporate Counsel Pro Bono Gala tomorrow evening in Nashville. The dinner will feature a keynote address by Tennessee Supreme Court Chief Justice Janice M. Holder and presentation of awards to the two companies.

Miller & Martin, with offices in Chattanooga and Nashville, is being recognized for a firm-wide commitment to pro bono, as well as for the work of individual members. Firm activities include working with the Nashville Pro Bono Program, Legal Aid Society of Middle Tennessee and the Cumberlands, and Legal Aid of East Tennessee (LAET). Memphis-based International Paper is being honored for its corporate commitment to pro bono work, demonstrated by adoption of an office-wide pro bono policy, financial and logistical support for the TBA's Corporate Counsel Pro Bono Initiative, and involvement in a number of Memphis-area legal assistance programs.

Read more about the award recipients

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.

BREATH OF LIFE CHRISTIAN CHURCH v. TRAVELERS INSURANCE COMPANY

Court: TCA

Attorneys:

Stacy Alane Clinton and Addie M. Burks, Memphis, Tennessee, for the appellant, Breath of Life Christian Church.

Elizabeth B. Stengel, Memphis, Tennessee, for the appellee, Travelers Insurance Company.

Judge: FARMER

The trial court awarded summary judgment to Defendant surety in this breach of contract action. We affirm.

http://www.tba2.org/tba_files/TCA/2010/breathoflife_032610.pdf


TERRIE LYNN HALL HANKINS v. JAMES MICHAEL HANKINS

Court: TCA

Attorneys:

George L. Rice, IV and George L. Rice, III, Memphis, Tennessee, for the appellant, James Michael Hankins.

Stuart B. Breakstone, and Kathy Baker Tennison, Memphis, Tennessee, for the appellee, Terrie Lynn Hall Hankins.

Judge: FARMER

This appeal arises from a divorce action. Husband appeals the trial court's classification and division of property, the award of alimony in futuro to Wife, and the award to Wife of a portion of her attorney's fees. We affirm.

http://www.tba2.org/tba_files/TCA/2010/hankinst_032610.pdf


STATE OF TENNESSEE v. KELVIN DEWAYNE KING

Court: TCCA

Attorneys:

Charles Edgar Waldman, Memphis, Tennessee, for the Appellant, Kelvin Dewayne King.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Lacy Wilber, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Lisa Naylor, Assistant District Attorney General; Cathy Morante, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Davidson County jury convicted the Defendant, Kelvin Dewayne King, of three counts of first degree murder and one count of especially aggravated robbery. The Defendant was sentenced to life without parole for each of the three first degree murder convictions. The trial court sentenced him to thirty-five years for the especially aggravated robbery conviction, and ordered the sentence for one of the first degree murder convictions to be served consecutively to the other convictions for an effective sentence of two life sentences without parole. The Defendant appeals, arguing that: (1) the evidence is insufficient to support his first degree murder convictions when his due process rights were violated, (2) the trial court allowed testimony at trial from a witness who had provided perjured testimony at the preliminary hearing, and (3) the trial court erred in ordering consecutive sentencing. After a thorough review of the record and the applicable law, we affirm the trial court's judgments.

http://www.tba2.org/tba_files/TCCA/2010/kingk_032610.pdf


STATE OF TENNESSEE v. TIMOTHY DEWAYNE WILLIAMS

Court: TCCA

Attorneys:

Gary F. Antrican, District Public Defender; and Lyle A. Jones and David S. Stockton, Assistant Public Defenders, attorneys for appellant, Timothy Dewayne Williams.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulaney Faughn, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Billy Burt and James Walter Freeland, Jr., Assistant District Attorneys General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The Defendant, Timothy Dewayne Williams, was convicted by a Tipton County Criminal Court jury of possession of a Schedule II controlled substance with intent to deliver, a Class B felony; evading arrest in a motor vehicle, a Class E felony; evading arrest, a Class A misdemeanor; and driving while his license was suspended, a Class B misdemeanor. In this appeal as of right, the Defendant argues that the evidence was insufficient to support his convictions. After reviewing the record, we affirm the judgments of the trial court as modified.

http://www.tba2.org/tba_files/TCCA/2010/williamst_032610.pdf


City or County Mayor Running For State Legislature

TN Attorney General Opinions

Date: 2010-03-26

Opinion Number: 10-37

http://www.tba2.org/tba_files/AG/2010/ag_10_37.pdf

Rules of Board of Court Reporting

TN Attorney General Opinions

Date: 2010-03-26

Opinion Number: 10-38

http://www.tba2.org/tba_files/AG/2010/ag_10_38.pdf

TODAY'S NEWS

Legal News
Politics
Supreme Court Report
Career Opportunities
Disciplinary Actions
TBA Member Services

Legal News
Martin nominated for Middle Tenn. U.S. attorney
President Barack Obama has nominated Nashville attorney Jerry E. Martin to be U.S. Attorney for the Middle District of Tennessee. Martin has been a partner at Barrett Johnston & Parsley since 2007 and has been active in Democratic politics as a delegate to the 2008 Democratic National Convention and as U.S. Rep. Jim Cooper's finance director in 2002. If confirmed, he will replace Edward M. Yarbrough, who was nominated to the post in 2007 by then-President George Bush. The AP reported the news.

Tenn. doctors shift focus on malpractice caps
Tennessee doctors pushed for Congress to cap malpractice awards in the new national health care law, but the final bill included no such limits. The Memphis Daily News reports they now are turning their attention to the next General Assembly. The incoming president of the Tennessee Medical Association says the group will poll state legislative candidates about their position on malpractice caps and post responses on its web site. While the association argues that Tennessee is losing talented doctors to states that have malpractice caps, a number of those states are dealing with court challenges to the laws, making the legal landscape uncertain for lawyers and physicians alike.
Read the article
County triples grand jury foreman pay
The Montgomery County Commission will soon consider a proposal from its Budget Committee to increase the pay of the grand jury foreman, which has not been raised since 1988. Circuit Court Judge Ross Hicks recently testified before the commission saying that for the caliber of person needed for the foreman job, $50 per day is not enough. Funds are available from the jury compensation fund for an increase and commissioners are considering a rate of $150 per day.
The Leaf Chronicle reports
Trees planted in memory of Judge McCrary
Several Bartlett residents planted two trees in front of the City Justice Complex last week in memory of Bartlett Judge George McCrary. One of the trees, a swamp white oak, was selected because McCrary had a record sized swamp white on his property. A picture of those who were involved, including Judge Freeman Marr, is posted on The Bartlett Express.
See the photo
Lawyer returns to roots to pursue social change
Daphene McFerren has a degree from Yale College, a law degree from Harvard Law School and a resume that includes service as a U.S. Justice Department trial attorney and counsel to former Attorney General Janet Reno. But she also has deep roots in the civil rights movement in Fayette County, leading her to return to Tennessee to head the Benjamin L. Hooks Institute for Social Change at the University of Memphis. The institute is charged with preserving the history of the American civil rights movement and supporting racial, social and economic justice for communities in need.
Learn more about McFerren's work in the Memphis Daily News
Nashville judge honored by TSU women's group
The Tennessee State University's Women's Center recently honored Davidson County General Sessions Court Judge Angelita Blackshear Dalton as a Woman of Legend and Merit. The award was presented at the group's annual banquet, which raises funds to provide support and resources to programs that address social, physical, mental and emotional challenges faced by female college students.
Read more in the Tennessean
Politics
Gibbons exits governor's race
Shelby County Dist. Atty. Gen. Bill Gibbons ended his Republican gubernatorial candidacy today due to what he said was a lack of campaign funds. Gibbons, who is midway through an eight-year term as district attorney general, declined to endorse any of the three GOP candidates remaining in the race -- Knoxville Mayor Bill Haslam, Lt. Gov. Ron Ramsey of Blountville and U.S. Rep. Zach Wamp of Chattanooga -- but he did not close the door on a later endorsement. Wamp immediately released a statement saying he would work hard to win the vote of Gibbons and his supporters.
Read Gibbons' statement in the Commercial Appeal
Wharton endorses McWherter for governor
Shelby County Mayor A C Wharton today announced his support for Jackson businessman Mike McWherter, a Democrat who is running for Tennessee governor. Wharton had previously backed state Sen. Jim Kyle, D-Memphis, for the Democratic nomination but Kyle withdrew from the race last month. McWherter's only remaining opponent in the primary is former state House Democratic leader Kim McMillan of Clarksville, a lawyer and now an administrator at Austin Peay State University.
The Memphis Commercial Appeal has more on Wharton's comments
Supreme Court Report
Court has new site
The U.S. Supreme Court has a new web site that simplifies searches, provides easier access to opinions and argument transcripts, and offers a color-coded calendar of session dates. Audio summaries of opinions are available from www.oyez.org.
Check out the site
Career Opportunities
Legal Aid seeks attorney
The Legal Aid Society of Middle Tennessee and the Cumberlands has an immediate opening in its Nashville office for a general civil practice attorney. Applicants with a knowledge of Spanish and a sense of humor are preferred. And while some legal experience is desired, new law graduates are invited to apply. Those interested should submit a cover letter, resume, writing sample and three references to: HR Administrator, Legal Aid Society, P.O. Box 5209, Oak Ridge, TN 37831; fax (865) 483-8905; or e-mail hr@las.org.
Learn more on TBA JobLink
Disciplinary Actions
Nashville lawyer suspended
The Tennessee Supreme Court on March 19 temporarily suspended the law license of John Broadbent Cundiff due to his failure to respond to a complaint of ethical misconduct. The suspension will remain in effect until dissolution or modification by the court.
Download the BPR release
Knox County lawyer suspended
Knox County lawyer Lisa Anne Temple was temporarily suspended on March 19 for failing to respond to a complaint of ethical misconduct. The suspension will remain in effect until dissolution or modification by the court.
Read the BPR notice
TBA Member Services
TBA expands insurance services for members
The TBA Member Insurance Solutions Program has been expanded to offer assistance to members in meeting their health, life, disability and other insurance needs. Working with Graham Swafford III of Capital Financial Group, the TBA is now able to provide members with exclusive benefits, personalized service, and pricing discounts. Services and products offered include: disability income insurance, business overhead expense insurance, group life, long-term and short-term disability income insurance, long-term care insurance, and group health, dental and vision insurance along with other employee related benefits.
Learn more about TBA Insurance Solutions 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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