Nashville bar's sit-in event on tap for tomorrow

The Nashville Bar Association, in conjunction with the Napier-Looby Bar Association and Nashville Bar Foundation, will host a reenactment of the civil rights trials of protesters who took part in lunch counter sit-ins in the state capital 50 years ago. The program begins at 11:15 a.m. at Public Square Park with lunch and a keynote address by former Detroit mayor Dennis Archer, the first African-American President of the ABA. At 1 p.m. the focus will shift to the Davidson County courthouse, where the reenactment will take place. The seminar will feature prominent members of the bench and bar who were counsel for the sit-in defendants. The day will wrap up with a panel discussion about the trials from 3:10 to 3:40 p.m.

Though online registration has closed, attendees may register at the door for either the lunch or the courthouse program.

Nashville Public Radio reports on the event

TODAY'S OPINIONS
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2010/certlist_061410.pdf


PAMELA C. BESS v. PROPERTIES, L.P. ET AL.

Court: TCA

Attorneys:

Ronald D. Wells, Stacy Lynn Archer, and B. Elizabeth Dickson, Chattanooga, Tennessee, for the appellant, Properties, L.P, d/b/a City of Gruetli-Laager.

Hugh Pierce Garner, Chattanooga, Tennessee, for the appellee, Pamela C. Bess.

Judge: BENNETT

Car A was traveling north on a two-lane highway. Car B, a city police vehicle with its lights and siren on, was also traveling north on the same highway to answer a call. Car A could not pull off the road to the right to yield to Car B and instead turned left as Car B was passing. A collision ensued in which the driver of Car A suffered serious injuries. The driver of Car A sued the city. The trial court found the city 75% liable for the accident. The city appealed. We reverse the trial court's judgment, finding the driver of Car A more than 50% responsible for the accident.

http://www.tba2.org/tba_files/TCA/2010/bessp_061410.pdf


MEMPHIS AREA TEACHERS CREDIT UNION v. DAVID JONES

Court: TCA

Attorneys:

Defendant/Appellant David Jones, Memphis, Tennessee, pro se.

George F. Higgs and Brittan S. Webb, Memphis, Tennessee, for the Plaintiff/Appellee, Memphis Area Teachers Credit Union.

Judge: KIRBY

This appeal involves dismissal for failure to prosecute. After receiving an adverse judgment in general sessions court, the defendant appealed to the circuit court. At the circuit court hearing on his appeal, the defendant failed to appear because he mistakenly went to the wrong court. The circuit court dismissed the appeal for failure to prosecute and remanded the case to general sessions for entry of a final judgment. The defendant now appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2010/jonesd_061410.pdf


IN THE MATTER OF THE CONSERVATORSHIP OF DONALD E. TODD v. TONYA TODD JUSTICE

Court: TCA

Attorneys:

Walter E. Grantham, Chattanooga, Tennessee, for the appellant, Donald E. Todd.

Alexander W. Gothard, Chattanooga, Tennessee, for the appellee, Tonya Todd Justice.

Judge: STAFFORD

This is a conservatorship case. Appellee filed a petition to appoint a conservator for her father, the Appellant herein. The trial court granted the petition, appointing co-conservators for Appellant, and charging fees and expenses to the Appellant's funds, pursuant to Tenn. Code Ann. section 34-1-114. Appellant appeals. Finding that the record is incomplete and, as such, does not support, by clear and convincing evidence, a finding that Appellant was in need of the court's assistance, and that the trial court failed to properly follow the statutory mandates required for appointment of a conservator, we vacate and remand.

http://www.tba2.org/tba_files/TCA/2010/justicet_061410.pdf


BOBBY GERALD RILEY, and Wife, TANYA RILEY, Individually and as next of kin for HUNTER RILEY v. JAMES ORR

Court: TCA

Attorneys:

William Ritchie Pigue and Matthew C. Pietsch, Nashville, Tennessee, for the appellant, James Orr.

Walter W. Bussart and Lee Bussart Bowles, Lewisburg, Tennessee, for the appellees, Bobby Gerald Riley, Tanya Riley, and Hunter Riley.

Judge: KIRBY

This is an appeal of a jury verdict. The plaintiff was hunting with his son. The defendant was also hunting in the general area, and accidentally shot the plaintiff. The plaintiff filed a lawsuit against the defendant for negligence, and included a claim for negligent infliction of emotional distress on behalf of his son. The parties stipulated as to the defendant's liability, and a jury trial was held on the issue of damages. The jury instructions included instructions on the plaintiff father's mental pain and suffering and the son's emotional injury, but did not separately address the plaintiff father's emotional injury. After deliberating, the jury returned a verdict awarding damages to the plaintiff father as well as an award for the son's emotional injury. The trial court denied the defendant's motion for a new trial and approved the verdict. The defendant now appeals. On appeal, the defendant challenges the sufficiency of the evidence supporting the verdict on several elements of damages, and argues that the inconsistency in the jury instructions on emotional injury necessitates a new trial. We affirm in part, vacate in part, suggest remittitur as to the awards for future medical expenses and for emotional injury, and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2010/rileyb_061410.pdf


STATE OF TENNESSEE v. NEWT CARTER

Court: TCCA

Attorneys:

Joseph T. Howell (on appeal), and Angela J. Hopson and Ramsdale O'Deneal (at trial), Jackson, Tennessee, for the appellant, Newt Carter.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Jerry Woodall, District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

A Madison County jury convicted the defendant, Newt Carter, of aggravated rape, a Class A felony, and aggravated burglary, a Class C felony. The trial court sentenced the defendant as a Range I standard offender to twenty years at 100% for aggravated rape consecutive to five years at 30% for aggravated burglary, to be served in the Tennessee Department of Correction. On appeal, the defendant contends that (1) the evidence was insufficient to support his convictions; and (2) the trial court erred in sentencing the defendant by misapplying enhancement factors and ordering the defendant to serve the sentences consecutively. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/cartern_061410.pdf


STATE OF TENNESSEE v. DANIEL LOPEZ

Court: TCCA

Attorneys:

James E. Thomas (on appeal) and Juni Ganguli (at trial), Memphis, Tennessee, for the appellant, Daniel Lopez.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; William L. Gibbons, District Attorney General; and David Pritchard and Reginald Henderson, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Daniel Lopez, was convicted of two counts of first degree felony murder and two counts of especially aggravated kidnapping, Class A felonies. He was sentenced to life for each murder conviction and to twenty-five years for each especially aggravated kidnapping conviction. The sentences were ordered to run consecutively for a total effective sentence of life plus fifty years. On appeal, the defendant argues that the trial court erred in: denying his request to give a jury instruction for accomplice testimony; sustaining the State's objection to testimony of a co-defendant; granting the State's motion to have an anonymous jury; denying his motion for a mistrial; and instructing the jury to disregard a question from defense counsel during cross-examination. After careful review, we affirm the judgments from the trial court.

http://www.tba2.org/tba_files/TCCA/2010/lopezd_061410.pdf


STATE OF TENNESSEE v. KEVIN MCDOUGLE

Court: TCCA

Attorneys:

Claiborne H. Ferguson, Memphis, Tennessee, for the appellant, Kevin McDougle.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Colin Campbell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Kevin McDougle, was convicted by a Shelby County jury of aggravated robbery, a Class B felony, and two counts of aggravated assault, a Class C felony. He was subsequently sentenced to consecutive sentences of twelve years for the robbery and six years for each assault, resulting in an effective sentence of twenty-four years in the Department of Correction. On appeal, the defendant challenges only the imposition of consecutive sentences, specifically contending that the court erred in relying upon his juvenile record to establish that he was an offender whose record of criminal activity was extensive. Following review of the record, we find no error and affirm the sentences as imposed.

http://www.tba2.org/tba_files/TCCA/2010/mcdouglek_061410.pdf


STATE OF TENNESSEE v. LINDA PINKINS

Court: TCCA

Attorneys:

Kim G. Sims, Memphis, Tennessee, for the appellant, Linda Pinkins.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; and Garland Erguden, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Linda Pinkins, pled guilty to vehicular homicide, a Class C felony, on July 22, 2009. The trial court sentenced her to three years in the workhouse and ordered that she serve six months in confinement and five years on probation. On appeal, the defendant argues that the trial court erred by denying judicial diversion and by sentencing her to a term of confinement. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/pinkinsl_061410.pdf


DEMARIO TABB v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Neil Umsted, Memphis, Tennessee, for the appellant, Demario Tabb.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William L. Gibbons, District Attorney General; and Chris Lareau, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioner, Demario Tabb, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. Following a jury trial, the petitioner was convicted of two counts of first degree felony murder and one count of attempted aggravated robbery. He was subsequently sentenced to an effective life sentence without the possibility of parole. On appeal, the petitioner argues that he was denied his Sixth Amendment right to the effective assistance of counsel. Specifically, he contends that counsel was ineffective by failing to remain with the petitioner after a failed proffer session to ensure that he was escorted back to his cell in light of the fact that the petitioner gave an incriminating statement to police after counsel left. Following review of the record, we affirm the judgment of the post- conviction court.

http://www.tba2.org/tba_files/TCCA/2010/tabbd_061410.pdf


Pirated and Bootlegged Movies and Music

TN Attorney General Opinions

Date: 2010-06-14

Opinion Number: 10-82

http://www.tba2.org/tba_files/AG/2010/ag_10_82.pdf

TODAY'S NEWS

Legal News
Career Opportunities
Upcoming
Disciplinary Actions
TBA Member Services

Legal News
Independent enters Hamilton Co. chancellor race
Longtime Chattanooga attorney Arthur C. Grisham will run as an independent in the August election to fill a vacant judgeship on the Hamilton County Chancery Court. He joins Republican candidate Jeffrey Atherton and Democratic candidate Valerie Epstein. Grisham, a solo practioner, has served as president of the Chattanooga Bar Association and as a hearing panel member for the Tennessee Board of Professional Responsibility. He was one of three finalists nominated to serve as interim chancellor following the retirement of Chancellor Howell Peoples, but none of the three have been appointed to the post. Read more about Grisham
The Times Free Press has the news
Firm's new partner worked as public defender
Former Metropolitan Nashville and federal public defender, Jay Steed, has joined the law firm of Jones, Hawkins & Farmer as partner. Steed earned his law degree in 1999 from Duke University and spent five years as assistant public defender in Nashville. He then took a similar role at the federal public defender's office for the Middle District of Tennessee. In his new position, Steed will practice in the areas of criminal defense and civil litigation.
The Nashville Post announced the move (subscription required)
East Tenn. public defender sentenced and fined for DUI
East Tennessee public defender David Bautista, who recently served as the first chair of the state's new Judicial Nominating Commission, has been sentenced to two days in jail and fined $350 after pleading guilty to driving under the influence. He entered his plea before Carter County General Sessions Judge John Walton on Friday afternoon. His jail term will begin on Aug. 13.
The Johnson City Press reports
Bartlett judge imposes dress code in the court
Bartlett Municipal Judge Freeman Marr has imposed a dress code in his court: no hats or caps; tank, halter or midriff tops; mini-skirts or shorts; bare feet or flip-flops: or t-shirts with inappropriate logos or wording. In addition, all shirts must be tucked inside pants and pants must be worn at the waist. If someone comes into court without proper dress, court officials say, they can either leave, change clothes and return, or have their case continued.
The Commercial Appeal reports
Judge says Louisiana AG can investigate BP
Louisiana Attorney General Buddy Caldwell has been authorized to launch an investigation of BP, its oil rig explosion and its process for compensating Louisianans affected by the disaster. The probe will look at information on the explosion and spill, the composition of mud used in containment operations, the use and effects of chemical dispersants, and air and water quality. BP has 10 days to raise objections before the inquiry begins.
Read more from WRCB-TV Chattanooga
Elder abuse case may set precedent
A case in Davidson County court demonstrates why elder abuse can be difficult to detect and prosecute. In the case of Dina Roberts -- a now deceased 90-year-old woman who claimed her daughter abused her for three years -- prosecutors want to introduce testimony from hospital workers who treated Roberts. The daughter's lawyer says his client is innocent and the workers' testimony would amount to hearsay and a violation of her right to confront accusers. The court has delayed ruling on admisability of the evidence until July 6.
Learn more in the Tennessean
Career Opportunities
Nashville firms seeks associate
The Nashville law firm of Butler & Elkin is seeking an associate attorney to work on personal injury, family law and criminal cases. The firm is located in downtown Nashville near the courthouse. To apply, send a resume to Jack Butler by fax at (615) 244-8625 or to jackbutler@butlerandelkin.com.
Read more about the position on TBA JobLink
Upcoming
MBA YLD golf tournament set for Friday
The Memphis Bar Association Young Lawyers Division will host its annual golf tournament presented by BankTennessee & IPSCO on June 18. The day kicks off at 1 p.m. with a shotgun start at North Creek Golf Club, located 20 minutes from downtown Memphis. The price is $65 per person and includes cart, greens fees, range balls and drinks. Prizes for longest drive and closest to the pin, as well as various door prizes will be awarded.
Get registration/sponsorship details
Disciplinary Actions
Nashville lawyer reinstated
Nashville attorney Matthew Fort Mayo was reinstated to the practice of law on June 3. He had been suspended on April 16 for failing to respond to the Board of Professional Responsibility about a complaint of misconduct.
Read the BPR's notice
Lawrence Co. lawyer reinstated
Lawrence County attorney Charles Matthew Bates was reinstated to the practice of law on June 3. He had been suspended on April 22 for failing to respond to the Board of Professional Responsibility about a complaint of misconduct.
Download the BPR notice
TBA Member Services
Missed the TBA's 2010 Convention?
Video footage of the Lawyers Luncheon and the Governor's Luncheon held during the recent Tennessee Bar Association Annual Convention are now available for viewing online. The Lawyers Luncheon video features award winners for the year, remarks by Nashville Mayor Karl Dean, and the swearing-in of new TBA President Sam Elliott. The Governor's Luncheon video features a keynote address by Tennessee Governor Phil Bredesen, who talked about the budget process, praised the state's judicial selection system and took questions from the audience.


 
 
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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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