Governor vetoes 'guns in bars'

Gov. Phil Bredesen for the second year in a row has vetoed a bill to allow Tennessee handgun carry permit holders to bring their weapons into bars and restaurants that serve alcohol. The governor said in a letter to Senate Speaker Ron Ramsey of Blountville that he based his decision on the principle that "guns and alcohol don't mix."

Read the AP story in the News Sentinel

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.

DONALD PAUL CLAYTON v. ANDREA DAWN CLAYTON

Court: TCA

Attorneys:

Carthel L. Smith, Jr., Lexington, Tennessee, for the appellant, Donald Paul Clayton.

Mary Jo Middlebrooks, Jackson, Tennessee, for the appellee, Andrea Dawn Clayton.

Judge: FARMER

Husband appeals the trial court's award of transitional alimony, alimony in futuro, and alimony in solido to Wife. Finding no abuse of discretion, we affirm.

http://www.tba2.org/tba_files/TCA/2010/claytond_051810.pdf


MATTIE M. LINDSEY, ET AL. v. MARK LAMBERT, ET AL.

Court: TCA

Attorneys:

Mattie M. Lindsey, Pro Se.

Edmond L. Lindsey, Pro Se.

R. Campbell Hillyer, Memphis, Tennessee, for the appellee, Mark Lambert.

C. Michael Becker, Germantown, Tennessee, for the appellees, Gary Wilkinson and Russell Rutledge.

Christopher L. Vescovo and Edd L. Peyton, Memphis Tennessee, for the Appellee, State Farm Insurance Company.

Judge: FARMER

This appeal arises out of a lawsuit filed against the attorneys and insurance company involved in the settlement of a personal injury claim. The trial court dismissed the claims of the plaintiffs/appellants, Mattie and Edmond Lindsey, for failure to state a claim upon which relief could be granted. The Lindseys did not appeal the original dismissal of their claims but instead moved to set aside the court's judgment nearly one year later. The trial court declined to set aside its judgment and granted a motion for sanctions against the Lindseys. We affirm the trial court's denial of the Lindseys' motion to set aside, vacate its award of sanctions, and remand for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCA/2010/lindseym_051810.pdf


IN THE MATTER OF SHELBY R. AND SYDNEE R.

Court: TCA

Attorneys:

Vanedda Prince Webb, Dyersburg, Tennessee, for the appellant, Richard Edward Rogers

Damon E. Campbell, Union City, Tennessee, for the appellees, Charlie Ozment and Donna Ozment

Judge: HIGHERS

This appeal involves a custody dispute between a father and maternal grandparents. The father and grandparents initially filed a joint petition to remove custody from the children's mother. When the father later filed a separate amended petition for custody on his own, the grandparents argued that he should be precluded from seeking custody due to a previous mediation agreement. The father argued that he was entitled to assert his superior parental right to custody against the grandparents. The trial court found the mediation agreement enforceable and did not consider the father's petition for custody. The father appeals. We vacate the trial court's order and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2010/shelbyr_051810.pdf


DORMAN O'NEAL ELMORE, JR. v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Caroline E. Knight, Crossville, Tennessee, for appellant, Dorman O'Neal Elmore, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

A Cumberland County jury convicted the petitioner, Dorman O'Neal Elmore, Jr., of five counts of rape, Class B felonies. The trial court sentenced the petitioner to an effective sentence of twenty-two years in the Tennessee Department of Correction. The petitioner pursued a delayed appeal pursuant to the Post-Conviction Procedure Act, and this court affirmed his convictions and sentences. In his post-conviction petition, the petitioner alleges that he received ineffective assistance of counsel at trial. Specifically, the petitioner argues that trial counsel's failure to file various pre-trial motions, to properly prepare and investigate the case, and to investigate the victim's background constituted deficient performance and prejudiced the defense. The post-conviction court denied relief. Following our review, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2010/elmored_051810.pdf


TODAY'S NEWS

Legal News
Legislative News
Passages
Flood Impact
Disciplinary Actions
TBA Member Services

Legal News
Judges: We need more building security
Some Bradley County judges are concerned about lack of security at the downtown courthouse building and the Juvenile Justice Center. They have asked the county commission to deal with unwatched doors, an unmanned metal detector, easily available keys and too few security officers, among other problems.
The Times Free-Press reports
Federal courts launch new web site, YouTube channel
The federal judiciary's web site, www.uscourts.gov, today unveils a host of enhancements, including an email delivery service, multimedia/video, podcasts, photos, YouTube Channel, widgets and a read-aloud service. "The site has been redesigned to make it more attractive, accessible, and useful to its diverse audience of users," according to the court. Also check out the new Federal Judiciary Channel, a joint initiative of the Administrative Office of the U.S. Courts and the Federal Judicial Center.
Watch a YouTube video about the new channel
Memphis lawyer set to run South African 'ultra marathon'
Memphis lawyer Rebecca Adelman will run her first ultra-marathon, the Comrades Marathon, a 56-miler in Durban, South Africa, this month. The lawyer -- who as a child was told "don't do anything" because of her asthma -- will run in support of the Ethembeni School in Hillcrest, Kwazulu-Natal, which serves 300 physically disabled or visually impaired children. "I love the feeling of a group of people from all walks of life and from all levels of fitness all with their own dreams of why they're there showing up at the starting line. We're all linked together," she said.
Read more in the Commercial Appeal
Legislative News
Sit-in participants honored by legislature
The Tennessee legislature commemorated the 50th anniversary of the Memphis Sit-In Movement Monday and honored several of its participants. Rep. G.A. Hardaway, D-Memphis, who sponsored the resolution, said the commemoration was "long overdue for those who paved the way."
Read it in the Commercial Appeal
'Just doing his job': resolution to ban reporter dropped
Democratic Rep. Joe Towns of Memphis, who sponsored a resolution (HR371) to ban an Associated Press reporter from the chamber, has thought better of it after talking with House leaders. The resolution stemmed from when Speaker Kent Williams collapsed during a vote last week and Erik Schelzig took pictures. Schelzig was subsequently hauled out of the chamber by security. But video footage from a local television station showed Schelzig was actually behind a glass barrier where reporters are required to work. Although he says he hasn't seen the video, Williams says he knows Schelzig was "just doing his job."
The Tennessee Report has more
Passages
Nashville lawyer Stan Chernau services today
Nashville lawyer Stanley Morton Chernau died May 15 after an extended illness. He was 76. He graduated from Vanderbilt Law School in 1956 and most recently practiced law with Chernau, Chaffin & Burnsed PLLC. A graveside service was held today, May 18, at Temple Cemetary, conducted by Rabbi Mark Schiftan. In lieu of flowers, donations may be made to: Family and Children's Service; Alive Hospice at St. Thomas Hospital; The Suzanne J. Morris Fund at The Temple, 5015 Harding Road; or the Community Foundation of Nashville Flood Relief.
Read his obituary in the Tennessean
Flood Impact
Free FEMA CLE this week
The TBA will offer a free one-hour webcast CLE this Thursday featuring disaster recovery legal expert Juli Gallup, who will explain the FEMA application process, the forms Tennesseans must fill out to be eligible for assistance and the appeals process for those dissatisfied with their benefits. This program is accredited for one hour of dual credit and is being offered by the Tennessee Bar Association as a public service for attorneys who are providing pro bono assistance to disaster victims.
Register here
Help for flood victims
A toll-free legal assistance line is available for victims of recent storms and flooding in the counties that have been designated as federal disaster areas. Victims facing legal issues may call (888) 395-9297. Victims who qualify for assistance will be matched with Tennessee lawyers who have volunteered to provide free legal help.
Volunteer to help or learn more about recovery efforts
Disciplinary Actions
Memphis lawyer disbarred
On May 11, Memphis lawyer James M. Hoots was disbarred by order of the Tennessee Supreme Court, after delivering to the Board of Professional Responsibility an affidavit consenting to disbarment because he could not successfully defend himself on charges alleged against him in a complaint. He had previously been temporarily suspended by the Supreme Court on Feb. 17, for misappropriation of funds.
Download the BPR release
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

 
 
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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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