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| Tuesday, May 25, 2010 |
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Senate finance leaders consider indigent funding cuts
Details of a plan to pay indigent defense claims only once a quarter -- and then only on a pro rata basis up to the amount available each quarter -- emerged from Senate Republican finance leaders yesterday as state budget discussions continue on Capitol Hill. The proposal makes available $978,000 less than the Administrative Office of the Courts (AOC) believes it will need to pay claims next year. The pro rata language would be made in the law authorizing the AOC to pay claims that could lead to even further constriction of the already inadequate $40 per hour rate afforded lawyers who represent most indigent criminal defendants. The Tennessee Bar Association is contacting leaders in the House and Senate to resist the change and the cut in funding.
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TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database or to obtain a text version of each opinion, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at the TBA's Membership Central.
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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
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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.
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MICHAEL TODD HIGHFILL v. HEATHER (HIGHFILL) MOODY
Court: TCA
Attorneys:
Kathy Baker Tennison, Memphis, Tennessee, for the appellant, Michael Todd Highfill.
James D. Lawson, Memphis, Tennessee, for the appellee, Heather (Highfill) Moody.
Judge: STAFFORD
This case arises from a petition to enroll and modify a foreign decree on child visitation and support. Appellant/Father petitioned the Circuit Court at Shelby County to enroll and modify an Arkansas decree. Mother/Appellee contested the petition, alleging that
she was still a resident of Arkansas, so that Arkansas retained exclusive, continuing subject matter jurisdiction. The trial court found that the Uniform Interstate Family Support Act was applicable, and also found that Mother was still residing in Arkansas so as to bar subject matter jurisdiction in favor of the Tennessee court. Because the case involves a petition to modify both child visitation and child support, we conclude: (1) that both the Uniform
Interstate Family Support Act, and the Uniform Child Custody Jurisdiction and Enforcement Act are applicable,(2) that the trial court erred in finding that the Mother was residing in Arkansas at the commencement of this action, and (3) the Tennessee Court has jurisdiction to modify the Arkansas decree on child support and custody, and (4) that the trial court erred in dismissing Father's petition to enroll, and modify the Arkansas decree. Reversed and remanded.
http://www.tba2.org/tba_files/TCA/2010/highfillm_052510.pdf
W. CURTIS JORDAN v. CHARLES CLIFFORD
Court: TCA
Attorneys:
Charles M. Clifford, Maryville, Tennessee, appellant, Pro Se.
James H. Snyder, Jr., Alcoa, Tennessee, for the appellee, W. Curtis Jordan.
Judge: SUSANO
W. Curtis Jordan sued his former attorney, Charles Clifford, alleging breach of contract, fraudulent conversion of property, and violation of the Tennessee Consumer Protection Act ("the TCPA"). The case proceeded to a jury trial. At the close of Jordan's proof, the court dismissed the consumer protection claim based upon its holding that the TCPA did not apply to the providing of professional services by an attorney. As to the remaining claims, the jury
returned a verdict in favor of Jordan for breach of contract and awarded him $2,500 in damages. On appeal, Clifford contends that the trial court erred in entering a judgment on the breach of contract claim and in failing to award him the attorney's fees he incurred in defending the consumer protection claim. We affirm.
http://www.tba2.org/tba_files/TCA/2010/jordanw_052510.pdf
LAKELAND COMMONS, L.P. v. TOWN OF LAKELAND, TENNESSEE, ET AL.
Court: TCA
Attorneys:
Robert L. Winchester, Jr., Memphis, Tennessee, for the appellant, Lakeland Commons, L.P.
John D. Burleson, Jesse D. Nelson, Jackson, Tennessee, for the appellees, Town of Lakeland, Tennessee, et al
Judge: HIGHERS
Developer sought approval to construct a planned development containing retail and office uses on property zoned in an agricultural district. The municipal planning commission recommended that the town's board of commissioners deny the application for several reasons. Following a public hearing, the board of commissioners voted to deny the application based upon the recommendation of the municipal planning commission. The
developer then brought a common law certiorari action, alleging that the board acted arbitrarily and illegally in denying its application. The trial court found that the board's decision was based upon substantial and material evidence and dismissed the developer's petition. The developer appeals. We affirm.
http://www.tba2.org/tba_files/TCA/2010/lakelandcommons_052510.pdf
IN RE: VICTORIA S.
Corrected Opinion: Correction on page 1 and in the style of the case
Court: TCA
Attorneys:
Robbie C. Lewis, Kingsport, Tennessee, for the appellant, Wanda B.
Robert E. Cooper, Jr., Attorney General and Reporter, and Douglas Earl Dimond, Senior Counsel, Nashville, Tennessee, for the appellee, State of Tennessee, Department of
Children's Services.
Judge: FRANKS
The Department of Children's Services filed a Motion in Juvenile Court, seeking adjudication that Victoria S. was a severely abused child pursuant to Tenn. Code. Ann. section 37-1-102. Upon an adverse ruling in the Juvenile Court, the State appealed to the Circuit Court where the Trial Court held that DCS had failed to prove by clear and convincing evidence that the mother knowing failed to protect the child, but held that the mother was guilty of severe child abuse, based upon her criminal conviction. On appeal, we reverse the Judgment of the Trial Court.
http://www.tba2.org/tba_files/TCA/2010/victorias_052510.pdf
MICHAEL V. MORRIS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Michael V. Morris, Pro Se, Only, Tennessee.
Robert E. Cooper, Jr., Attorney General and Reporter, and Deshea Dulany Faughn, Assistant Attorney General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
The Petitioner, Michael V. Morris, was convicted by a Davidson County Criminal Court jury of aggravated robbery, a Class B felony. He was sentenced as a Range III, career offender to thirty years at sixty percent in the Tennessee Department of Correction. He filed a pro se petition for habeas corpus relief in the Hickman County Circuit Court, which was summarily dismissed. On appeal, the Petitioner argues that his judgment is void because it violates
Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004); because, alternatively, the trial court improperly sentenced him under the 2005 amended sentencing act without a waiver, which resulted in a violation of ex post facto prohibitions; and because the trial court erred
in classifying him as a career offender. Upon review, we affirm the judgment summarily dismissing the petition for writ of habeas corpus.
http://www.tba2.org/tba_files/TCCA/2010/morrism_052510.pdf
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| TODAY'S NEWS |
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Legal News
Legislative News
Flood Impact
Upcoming
TBA Member Services
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| Legal News |
| O'Connor: In praise of merit selection |
| Calling it a "better system," former Supreme Court Justice Sandra Day O'Connor writes in an opinion piece how merit selection of state court judges protects the impartiality of the judiciary without sacrificing accountability. She points out that this year, 16 states will hold contested elections for seats on their highest courts, and candidates will raise and spend millions of dollars for their campaigns. "In 2008 alone," she writes, "nearly $20 million was spent on TV advertising in contested elections for 26 state supreme court seats."
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Read the opinion piece in The New York Times
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| 'Waltz' prosecutor retiring from U.S. attorney's office |
| The federal prosecutor who put state Sen. John Ford and other Tennessee Waltz defendants in prison is retiring.
Tim DiScenza confirmed this afternoon that he is retiring at the end of the month after 33 years with the U.S. Attorney's Office. |
The Commerial Appeal reported the news
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| TJC honors mothers |
| Three Rutherford County mothers are being honored by the Tennessee Justice Center as 2010 Community Mothers of the Year. Learn more about each of them from |
the Daily News Journal
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| Police investigation stats stolen from lawyer's office |
| Jack Byrd, a lawyer for the Teamsters union when it represented Nashville's police officers, said materials that are part of a private investigation about the way former Police Chief Ronal Serpas kept Nashville crime statistics were stolen from Byrd's Murfreesboro Pike offices this month. |
Read about it in the Tennessean
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| Crime down, FBI report says |
| The FBI reported the third straight year of declines in crime, with a large drop
in 2009, bucking a historical trend that links rising crime rates to economic woes. Property crimes and violent offenses each declined about 5 percent, the FBI said Monday in its
report.
According to the new report, Shelby County has the highest crime rate in Tennessee at nearly 152 crimes per 1,000 people, followed by Madison County, Davidson County and
rural Campbell County. |
The Commercial Appeal has more
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| Legislative News |
| Praising Arizona passes |
| On Monday, the House argued over a resolution that praises Arizona and its elected officials for adopting a state law on illegal immigration, but ultimately approved the measure 67-27.
House Democratic Leader Gary Odom of Nashville said that the state's tourism industry could be damaged by passage of HJR1253.
But the sponsor, Rep. Joe Carr, R-Lascassas, said his purpose was to "stand with a sister state" and say, "You're doing the right thing by protecting your citizens in Arizona." |
The News Sentinel has the story
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| Flood Impact |
| Walk-in clinic for flood victims set for May 26 |
On Wednesday, May 26, the Legal Aid Society will host a walk-in legal clinic
for storm victims at its offices at 300 Deaderick Street in downtown
Nashville. Interested individuals should arrive at 5 p.m.
The Legal Aid Society and the
Nashville Pro Bono Program are working to make sure that those with legal
questions about the flood will have a chance to speak privately with a
lawyer. "Those who suffered flood damage have lots of questions," said
Lucinda Smith, managing attorney of the Nashville office and director of the
Nashville Pro Bono Program. "They want to know about insurance claims, FEMA
relief, the Small Business Administration, damage to vehicles or landlord
tenant issues. We will give information and assess whether individuals need
a volunteer lawyer who can give more help."
A toll-free legal assistance line -- (888) 395-9297 -- continues to be available for flood victims in the counties that have been designated as federal disaster areas. |
Volunteer to help or learn more about recovery efforts
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| Counties added to disaster list, for limited services |
| Henry and Campbell Counties have now received a disaster
declaration for public assistance only. This means there is no aid available for individuals, but
governments and nonprofits may benefit. |
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| Free! Get trained to give legal services to flood victims |
| Take part in a one-hour free web cast that
will provide an overview of disaster legal services in Tennessee and equip volunteer lawyers to handle disaster-related pro bono cases. Using a
YLD-produced Disaster Assistance Manual as a guide, the presenters will identify the types of legal issues that most frequently arise after a
natural disaster, and highlight the resources available for lawyers who volunteer to help disaster victims.
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Learn more here
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| Upcoming |
| Investiture for Judge Hurd June 9 |
| Gov. Phil Bredesen will administer the oath of office to Judge Rhynette Northcross Hurd in an investiture ceremony June 9 at 3 p.m. at the County Commission Chambers in the Shelby County Administration Building. A reception will follow at the Shelby County Courthouse. Hurd fills the seat left open by the resignation of Judge D'Army Bailey. |
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| Lincoln's life examined in national exhibit |
| A national traveling exhibit that examines Abraham Lincoln's life, accomplishments, and legacy opens at the downtown Chattanooga Public Library on Wednesday for four weeks. |
Read Chattanoogan.com for related Lincoln events
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| TBA Member Services |
| Let JobLink help you with your next career move |
| A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
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Visit the site
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Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
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Questions, comments: Email us at TBAToday@tnbar.org
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.
© Copyright 2010 Tennessee Bar Association
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