Padilla Decision: What every criminal attorney should know

The U.S. Supreme Court ruling in Padilla v. KY says that criminal defense counsel must advise foreign-born clients of the consequences of a guilty plea. For members of the bar who represent clients facing criminal charges, but who may not have immigration law experience, this decision presents new challenges. A TennBarU webinar featuring Mary Kathryn Harcombe, Sean Lewis and Preston Shipp will provide needed guidance. Tune in at noon Monday.

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TODAY'S OPINIONS
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02 - TN Court of Criminal Appeals
02 - 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.

MARCUS RAY CLARK v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Joseph T. Howell, Jackson, Tennessee, attorney for appellant, Marcus Ray Clark.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Jerry Woodall, District Attorney General; Al Earls, Assistant District Attorney General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The Petitioner, Marcus Ray Clark, appeals as of right the Madison County Circuit Court's denial of his petition for post-conviction relief challenging his guilty plea convictions for five counts of aggravated burglary, Class C felonies, and four counts of theft of property, Class D felonies. On appeal, the Petitioner argues that he received the ineffective assistance of counsel and that counsel's ineffective assistance rendered his guilty pleas unknowing and involuntary. After the appointment of counsel and a full evidentiary hearing, the post-conviction court found that the Petitioner failed to prove his allegations by clear and convincing evidence and denied the petition. After reviewing the record, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2010/clarkm_041610.pdf


MARCO LINSEY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

David Christensen, Memphis, Tennessee, attorney for appellant, Marco Linsey.

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; William L. Gibbons, District Attorney General; and Paul Thomas Hoover, Jr., Assistant District Attorney General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The Petitioner, Marco Linsey, appeals as of right the Shelby County Criminal Court's denial of his petition for post-conviction relief challenging his guilty plea conviction for one count of child rape, a Class A felony. On appeal, the Petitioner argues that he received the ineffective assistance of counsel and that counsel's ineffective assistance rendered his guilty pleas unknowing and involuntary. After the appointment of counsel and a full evidentiary hearing, the post-conviction court found that the Petitioner failed to prove his allegations by clear and convincing evidence and denied the petition. Following our review, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2010/linseym_041610.pdf


Voting under Charter Government Unification Act and Metropolitan Government Act

TN Attorney General Opinions

Date: 2010-04-15

Opinion Number: 10-51

http://www.tba2.org/tba_files/AG/2010/ag_10_51.pdf

Establishment of New Specialty Earmarked License Plate Asserting that 'Jesus is Lord'

TN Attorney General Opinions

Date: 2010-04-15

Opinion Number: 10-52

http://www.tba2.org/tba_files/AG/2010/ag_10_52.pdf

TODAY'S NEWS

Legal News
Politics
Disciplinary Actions
Your Practice
TBA Member Services

Legal News
Special election for Knox law director not in charter
The state elections coordinator told Knox County officials today that the county's charter doesn't authorize a special election to fill the office of law director. Commissioners will meet on the matter on April 20. Knox County Mayor Mike Ragsdale has asked the county commission to consider a resolution naming Deputy Knox County Law Director Joe Jarrett as the emergency interim director. He will only serve through the next election.
WATE News 6 reports
Hooks' services next week are open to the public
Funeral arrangements have been set for civil rights leader Dr. Benjamin L. Hooks, who died yesterday. Visitation will be from noon to 8:30 p.m. Tuesday at Greater Middle Baptist Church, 4982 Knight Arnold. The funeral will be at 11 a.m. Wednesday at Bountiful Blessings Temple of Deliverance Church of God in Christ, 369 G.E. Patterson. He will be buried at Elmwood Cemetery. Visitation and services are open to the public.
Learn more from the Commercial Appeal
'National Day of Prayer' unconstitutional, judge rules
United States District Court Judge Barbara Crabb of the Western District of Wisconsin ruled today that the National Day of Prayer is unconstitutional. The judge acknowledged that prayer is important to many Americans, but she ruled that the government can't endorse a day of prayer.
The Tennessean has the story
Fisk art question to be addressed at August trial
Davidson County Chancellor Ellen Hobbs Lyle set a trial date today of Aug. 9 to determine whether Fisk University has the right to sell a share of its famous Stieglitz art collection to another museum.
NewsChannel5 carried this AP story
Can you blog that?
It is not always clear what is and isn't permissible fair use in the world of blogging. A professor and a lawyer examine the issue on
WebPro News
Politics
Judge says she's neutral in election, despite yard sign
Juvenile Court Judge Betty Adams Green says a campaign yard sign in her front yard doesn't mean she's publicly supporting any candidate in Davidson County's Juvenile Court Clerk election. Adams says the sign reflects her husband's views, not necessarily hers. Despite her pledge to remain publicly neutral, Green said she "does have a right to an opinion."
Read more in the Nashville City Paper
Disciplinary Actions
Former law director suspended from practice
The Tennessee Supreme Court Thursday suspended the law license of former Knox County Law Director William S. Lockett Jr., pursuant to Section 14 of Tennessee Supreme Court Rule 9. The Court suspended Lockett's license based on his plea of guilty to the serious crime of theft over $10,000.
Read the full BPR news release
Maryville lawyer censured
The Board of Professional Responsibility on Thursday publicly censured Maryville attorney Charles A. Carpenter, who had failed to communicate with his client regarding the status of the client's criminal case.
Read the full BPR news release
Columbia lawyer censured
The Board of Professional Responsibility on Thursday publicly censured Columbia attorney William Barnes Jr., who was found to have violated Rules of Professional Conduct 1.1 (competence), 1.3 (diligence) and 1.4 (communication).
Read the full BPR news release
Your Practice
Legal app for iPad introduced
The first legal news application developed specifically for Apple's iPad was released today by the ABA Journal. The app features breaking legal news updated continuously every business day, all of the monthly magazine's in-depth articles, and the latest blawgs featured in the Journal's directory of more than 2,500 legal blogs. Read more about it
Download the free app from iTunes
TBA Member Services
CompuPay offers deals for TBA members
CompuPay is proud to serve as the official payroll services provider for the Tennessee Bar Association. To serve Tennessee attorneys the company is offering two months of free payroll processing for all TBA members and waiving set up fees for members with up to 99 employees.
Learn more about CompuPay's benefits

 
 
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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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