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| Tuesday, June 01, 2010 |
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TBA presents arguments for changes to ethics rules
The Tennessee Supreme Court heard argument today for more than four hours on the 15 issues that it had outlined for discussion as the court considers adoption of major revisions to the Rules of Professional Conduct proposed by the Tennessee Bar Association. Arguing for the TBA were TBA President Gail Vaughn Ashworth; TBA Ethics & Professional Responsibility Committee Chair Brian Faughnan; former TBA President and committee member Al Harvey; former committee chair Lucian Pera; committee member David Wade; TBA General Counsel Bill Harbison; former TBA President and committee member Paul Campbell III; committee member Tom Dillard of Knoxville; and Vanderbilt University Law School professor and committee member Sue Kay.
The argument focused on a wide range of issues including confidentiality, conflicts, withdrawal, sale of a law practice, client file materials and solicitation. Also appearing were James Vick representing the Board of Professional Responsibility, Scott Brown for the Christian Legal Society and Gerald Melton for the Public Defenders Conference.
Read about the proposed rule changes and written comments filed earlier
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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.
01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
00 - TN Court of Criminal Appeals
00 - 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
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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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SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS
Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2010/certlist_060110.pdf
DANA CORPORATION v. LOREN L. CHUMLEY, Commissioner of Revenue, State of Tennessee
Court: TCA
Attorneys:
Charles A. Trost, Brett R. Carter, and Christopher A. Wilson, Nashville, Tennessee, for the appellant, Dana Corporation.
Robert E. Cooper, Jr., Attorney General & Reporter; Michael E. Moore, Solicitor General; and Jonathan N. Wike, Assistant Attorney General, for the appellee, Commissioner of Revenue, State of Tennessee.1
Judge: MCCLARTY
This appeal involves the denial of a claim for job tax credits by the Commissioner of Revenue. The taxpayer asserts that it qualifies for the credits pursuant to Tenn. Code Ann. Section 67-4-2109(c)(2)(A). The trial court determined that the taxpayer, as a successor to the entity that originally earned the credits, is barred by Tenn. Code Ann. Section 67-4-2109(e)(1) from utilizing the remaining credits for the years at issue. The taxpayer appeals. We affirm.
http://www.tba2.org/tba_files/TCA/2010/danacorp_060110.pdf
IN RE KEISHEAL N.E. ET AL.
Court: TCA
Attorneys:
Jeffrey C. Gruber, Murfreesboro, Tennessee, for the appellant, Keith E.
Robert E. Cooper, Jr., Attorney General and Reporter, and Joshua Davis Baker, Assistant Attorney General, for the appellee, Tennessee Department of Children's Services.
Judge: CLEMENT
Father appeals the termination of his parental rights to his children. The trial court found three grounds upon which Father's parental rights could be terminated: lack of mental capacity to care for the children, abandonment by failure to visit, and substantial noncompliance with the permanency plan. The psychologist who testified at trial stated that Father was presently unable to properly care for his children due to the diagnosis of schizoaffective disorder. The psychologist also testified that it was possible Father could become a competent parent with the proper medication and treatment. The Department, however, provided no mental health services to assist Father. The statutory ground of mental incompetency as a basis for the termination of a parent's rights requires clear and convincing proof that the parent's mental condition is presently so impaired and is so likely to remain so that it is unlikely the parent will be able to care for the children in the near future. The Department proved that Father's mental condition was such that he could not presently care for the children; however, the Department failed to prove that Father's mental condition is likely to remain impaired to the degree that it is unlikely Father will be able to care for the children in the near future. We have also determined the Department was not excused from exerting reasonable efforts and yet it failed to establish that it exerted reasonable efforts to assist Father to accomplish the goal of reunification because it provided no services that dealt with the root of Father's problems, his mental illness. For the above reasons, we find the Department failed to prove any ground upon which Father's parental rights could be terminated. Accordingly, we reverse the termination of Father's parental rights.
http://www.tba2.org/tba_files/TCA/2010/keishea_060110.pdf
SELF HELP VENTURES FUND v. GLENNA ROBILIO
Court: TCA
Attorneys:
Glenna Robilio, Memphis, Tennessee, pro se
Harris P. Quinn, Memphis, Tennessee, for the appellee, Self Help Ventures Fund
Judge: HIGHERS
The pro se defendant in an unlawful detainer action appeals an award of summary judgment in favor of the ultimate purchaser at foreclosure. Because the purchaser has demonstrated undisputed facts that show the existence of the elements of its unlawful detainer action, and because the defendant has failed to show the existence of a genuine issue of material fact, we affirm the trial court's grant of summary judgment. We further dismiss the defendant's remaining issues.
http://www.tba2.org/tba_files/TCA/2010/selfhelpventures_060110.pdf
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| TODAY'S NEWS |
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Legal News
Legislative News
Supreme Court Report
Flood Impact
Politics
TBA Member Services
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| Legal News |
| Help for those who are 'one car crash away' from crisis |
| Tennessee's legal system has at least one hole in it, which has not gone unnoticed by the Tennessee Supreme Court and its Access to Justice Initiative.
In 2008, the court asked more than 140 judges, lawyers, teachers and citizens to look for solutions. As a result of that, the court created a commission to provide formal recommendations to justices. Some of the ideas in its report, which was finished April 1, could be adopted this month.
Many people are one medical emergency or car crash away from a crisis, says Becky Rhodes, who was hired by the Tennessee Administrative Office of the Courts to coordinate a new program that extends legal help to people who can't afford it.
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The Daily News Journal carried this story
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| Mattice and Dedrick discuss the U.S. attorney job |
| As Jasper attorney Bill Killian awaits Senate confirmation of his nomination for U.S. attorney for the Eastern district, the Times Free Press talks to area U.S. attorneys from the past and present:
U.S. District Judge Harry S. "Sandy" Mattice and
Russ Dedrick, who is the current U.S. attorney for the Eastern district. |
Learn more from the Times Free Press
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| Investigations opened into Gulf oil spill |
| Federal authorities have opened criminal and civil investigations into the Deepwater Horizon explosion and oil spill, Attorney General Eric Holder said Tuesday, saying federal clean air and pollution laws give him the power to open the investigations. |
Learn more from National Public Radio
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| Some rights can conflict with others |
| The executive director of the First Amendment Center explains in an opinion piece how the "The First Amendment's five freedoms ensure that government doesn't run roughshod over our religious-liberty and free-expression rights." But that, as in the case of terrorism or public safety, those rights don't trump in all cases. |
The Leaf Chronicle carried this editorial from the First Amendment Center
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| Attorneys on 'mission from God' to unseat Calif. judges |
| A group of conservative attorneys say they are on a mission from God to unseat four California judges in an election that has been called by both sides "a battle for the integrity of U.S. courts."
Vowing to be God's ambassadors on the bench, the four San Diego Superior Court candidates are backed by pastors, gun enthusiasts, and opponents of abortion and same-sex marriages. |
WKRN.com carried this AP story
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| Attention jurors! Do not fraternize with the witnesses |
| The juror who recently asked a witness for a little medical advice in a Memphis case has had a stern lecture by the judge but then was free to go. Circuit Court Judge Donna Fields told Corey Carr how serious it was for him, as a juror, to ask a testifying medical professional in the case for advice. But the judge let him off with only a severe warning.
His attorney, Vanessa Keeler, told the judge she was "floored" by her client's actions and that she had prepared him for the possibility of going to jail.
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The Commercial Appeal reports
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| Legislative News |
| Happy Birthday, John Jay |
| The man who helped jump-start Baker v. Carr, the case establishing the one-man-one-vote principle; was Robert Kennedy's counselor when Kennedy ran the Department of Justice; and who was the
Democratic Party nominatee for Tennessee governor in 1970, was honored by the state legislature
last week on his 80th birthday. Who is this man? John Jay Hooker, of course. |
Read the City Paper's story
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| Supreme Court Report |
| Court: You must speak to remain silent |
| In a 5-4 ruling, the U.S. Supreme Court has rejected an inmate's claim that his "persistent silence" for nearly three hours of police questioning indicated he had refused to waive his Miranda rights. A suspect who wants to invoke his right to remain silent must do so unambiguously, Justice Anthony M. Kennedy wrote. |
ABAJournal.com connects you
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| Flood Impact |
| 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.
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Volunteer to help or learn more about recovery efforts
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| Politics |
| Herenton surprises Cohen campaign |
| Outside Rep. Steve Cohen's campaign headquarters Friday, his opponent in the 9th Congressional District race, Willie Herenton, threw down the gauntlet.
"I want to debate Cohen," he said. "I'm here today to respectfully call Steve Cohen out to give the people the right to hear us debate."
Cohen's campaign spokesperson, Stephanie Young, said staffers were surprised by the visit.
"We had no idea that he was deciding to come here to hold a press conference to discuss a debate situation at all," she said. |
WMC-TV reports
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| TBA Member Services |
| Health savings accounts now available |
| The TBA has partnered with First Horizon Msaver Inc. to offer Health Savings Accounts (HSAs) and HSA-qualified health plans for individuals and groups to members. HSAs are tax-advantaged accounts that let you set aside money to pay for current and future medical expenses. For more information, or to obtain an instant quote for an HSA-qualified health plan, call the TBA's dedicated toll-free customer care line at (866) 257-2659 or visit the TBA member web site.
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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.
© Copyright 2010 Tennessee Bar Association
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