Gov. Bredesen keynote speaker at TBA Convention

Governor Phil Bredesen confirmed today that he will address the Tennessee legal community as a speaker during this summer's 129th Annual TBA Convention in Nashville. The governor will be keynote speaker for the luncheon on Friday, June 4, at the Renaissance Hotel.

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Court: TCA


Gary M. Kellar, Brentwood, Tennessee, for the appellant Permanent General Assurance Corp.

Kevin A. Snider, Germantown, Tennessee, for the appellee, John Cook, Jr.

Judge: KIRBY

This appeal involves the alleged breach of an insurance policy. The plaintiff insured had an automobile insurance policy with the defendant insurance company. The insured paid his insurance premium by check. He subsequently was involved in an automobile accident and notified the insurance company of the accident. The check was later returned for insufficient funds. The insurance company notified the insured that if he did not bring the premium current by a date certain, his insurance policy would be cancelled. The insured gave the insurance company a valid check for the premium, which was negotiated. The insurance company later cancelled the policy, retroactive to a date prior to the insured's automobile accident. The insured sued the insurance company for breach of contract. After a bench trial, the trial court held in favor of the plaintiff insured. The insurance company appeals. We affirm.

With Concurring Opinion

Court: TCCA


Stephen M. Wallace, District Public Defender; and Richard Tate, Assistant Public Defender, for the appellant, Matthew I. Tart.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Laura Rayment, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Matthew I. Tart, appeals from the Sullivan County Criminal Court's denial of alternative sentencing following his pleas of guilty to charges of violating the motor vehicle habitual offender law, speeding, and leaving the scene of an accident. Upon our review of the record, we affirm the judgments of the trial court, but we remand for the trial court to consider amendments to the judgments.

THOMAS concurring


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Legal News
TBA recognized for advocacy on behalf of profession
The American Bar Association today recognized the Tennessee Bar Association for its effectiveness in lobbying Congress on behalf of issues of concern to the justice system. In presenting the ABA Day Grassroots Award, the ABA specifically referenced TBA's work educating its congressional delegation on the need to improve and modernize funding for the Legal Services Corporation. The award is being given in conjunction with ABA Day, a series of events this week in Washington, D.C. that are designed to bring together lawyers and lawmakers.

Leaders gather for Hooks funeral
State and national leaders gathered in Memphis today to say goodbye to civil rights leader Benjamin L. Hooks. Among those eulogizing Hooks were Memphis Mayor A C Wharton Jr., U.S. Sen. Lamar Alexander, NAACP President Benjamin Jealous and Vernon Jordan, former head of the Urban League and long-time general counsel to the NAACP.
Read some of their comments in the Memphis Daily News
YLD service projects on tap
Each year in conjunction with Law Day, the YLD sponsors service projects across the state to benefit individuals and nonprofit organizations. Several events are being held this weekend including a pancake breakfast fundraiser for CASA for Kids in Kingsport and a clean-up day at a park in Cookeville. On Law Day, May 1, young lawyers will hold a Wills for Heroes Clinic in Knoxville and a Habitat House build in Lebanon. Other events will take place throughout the month of May. All lawyers are encouraged to participate.
Find a project in your area
Jarret appointed interim law director
The Knox County Commission voted unanimously yesterday to appoint Deputy Law Director Joseph G. Jarret as interim law director to replace former director Bill Lockett. The decision came with no discussion. Jarret has been running the day-to-day business of the office since Lockett resigned April 8. Jarret's appointment isn't permanent. The commission's next steps will be to accept applications, hold a public hearing to hear from candidates and make a permanent appointment. The Knoxville News Sentinel carried the news.

Commission debates on-call magistrates
Hamilton County commissioners are considering a request to appoint two on-call magistrates who would fill in if one of the four regular magistrates is out. But the idea has drawn criticism from some commission members who are concerned about the cost of the program and point out that the number of magistrates was increased in 2007 to cover any absences due to vacation or illness.
The Times Free Press reports
Paper honors four lawyers
The Maryville Daily Times has named four lawyers to The Daily Times Alumni Hall of Fame, which honors community leaders who have graduated from local public schools. The award is designed to encourage current students to find places of service in their community. Award recipients are General Sessions Judge William R. Brewer Jr., Blount County Mayor and former practicing attorney Jerry G. Cunningham, Circuit Court Judge David Reed Duggan and Circuit Court Judge W. Dale Young.
Read about the honorees here
Palin's daughter testifies in email case
The daughter of former Alaska Gov. Sarah Palin told jurors today that she was barraged by calls and texts after her number wound up on the Internet in 2008. Bristol Palin was testifying in the trial of a former University of Tennessee student accused of accessing Gov. Palin's Yahoo email account and distributing information from it on the Internet.
Read more in the News Sentinel
Supreme Court Report
Obama meets with Senate leaders, says no 'litmus test'
President Barack Obama met this morning with leaders of the Senate and its Judiciary Committee. He also telephoned nine members of the committee in an effort to "reach out to senators on both sides of the aisle about his nominee to the Supreme Court." Those in the meeting said Obama spoke about the nomination process but did not mention any names. USA Today has a summary of the conversations.

In related news, the president said today that he will not insist that his nominee pass any "litmus tests" over supporting abortion rights, but made it clear he will choose a candidate who will consider personal privacy and women's rights when ruling on cases.
Read more from the AP
Legislative News
Panel gives governor authority to hire outside counsel
The Tennessee Senate State and Local Government Committee unanimously approved a bill today that would give the governor authority to hire an outside attorney -- without the consent of the attorney general -- to file a challenge to the new federal health care law. The measure is sponsored by Republican Senate Speaker Ron Ramsey.
The Tennessean's In Session political blog carried the story
Gibbons' aides join Wamp campaign
U.S. Representative and Republican gubernatorial candidate Zach Wamp today announced that "key players" from Shelby County District Attorney General Bill Gibbons' campaign have joined his bid for office. Gibbons dropped out of contention in late March. He has not yet endorsed another candidate.
The Times Free Press has more
Memphis law dedication set for Friday
The University of Memphis will hold a public dedication of its new law school on Friday, followed by the university's annual faculty convocation. Faculty will process through downtown Memphis on route to the law school, where the public dedication will begin at 2 p.m. in the Wade Auditorium. Following the dedication, faculty awards will be given. This year's Allen J. Hammond Presidential Service Award will go to Tony Poteet, assistant vice president of campus planning and design for the university. He is being recognized for his service to the school and his extraordinary efforts in making sure that the law school building -- the former U.S. Customs House -- retained its historic character and significance while being converted into a modern academic facility. Law school professor Andrew McClurg also will be honored. He will receive the Alumni Association Distinguished Teaching Award.
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Career Opportunities
Litigation firm has opening
Cordell & Cordell PC, a domestic litigation firm with 30 offices across 16 states, is currently seeking an experienced attorney to practice in its Memphis office. The candidate must have a minimum of two years of litigation experience and demonstrate strong interpersonal skills. Family law experience is preferred.
Learn more at TBA JobLink
Civil rights giant Height dies
Dorothy Height, the leading female voice of the 1960s civil rights movement died Tuesday at age 98. Height, whose activism on behalf of women and minorities dated to the New Deal, led the National Council of Negro Women for 40 years. In a statement, President Barack Obama called her "the godmother of the civil rights movement" and a hero to Americans. In 1995, she was honored with the national Freedom Award by the National Civil Rights Museum in Memphis.
Read about her life in the Commercial Appeal
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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