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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 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.

FRANKLIN COUNTY BOARD OF EDUCATION v. LISA CRABTREE, ET AL.

Court: TCA

Attorneys:

Richard L. Colbert and Courtney L. Wilbert, Nashville, Tennessee, for the appellants, Lisa Crabtree and Franklin County Education Association.

Robert G. Wheeler, Jr., Goodlettsville, Tennessee, for the appellee, Franklin County Board of Education.

Judge: FARMER

This appeal arises from a declaratory judgment action. The trial court determined that Defendant teacher's grievance against the Franklin County Board of Education was not subject to arbitration under the collective bargaining agreement between the Board and the Franklin County Education Association. The trial court also dismissed Defendant teacher's counterclaim under Tennessee Code Annotated section 49-5-510. We affirm.

http://www.tba2.org/tba_files/TCA/2010/crabtrel_070210


STATE OF TENNESSEE v. ANDREI CIOBANU

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Randall E. Nichols, District Attorney General; and C. Lewis Walton, III, Assistant District Attorney General, for the appellant, State of Tennessee.

John M. Boucher, Jr., Knoxville, Tennessee, for the appellee, Andrei Ciobanu.

Judge: TIPTON

The Defendant, Andrei Ciobanu, was charged with vandalism of property with a value of at least $1,000 but less than $10,000. See T.C.A. section 39-14-408. The trial court granted his motion to suppress eyewitness identification evidence and dismissed the case. In this appeal filed by the State, we reverse the order of the trial court suppressing the evidence and dismissing the case.

http://www.tba2.org/tba_files/TCCA/2010/ciobanua_070210.pdf


TODAY'S NEWS

Legal News
Supreme Court Report
Resources
Correction
TBA Member Services

Legal News
Legal field dominates role model winners' list
The YWCA of Nashville and Middle Tennessee has announced its Academy for Women of Achievement winners, which is full of lawyers and judges. Since 1992, the Academy has selected 98 women, adding seven individuals and one business for 2010. Of those, two are judges, one is a lawyer, and the corporate honoree is law firm Waller Lansden Dortch & Davis. Those from the legal profession to be honored are Justice Cornelia Clark, Tennessee Supreme Court; Judge Barbara Haynes, 3rd Circuit Court; and Susan Short Jones, senior corporate counsel, HCA. One of the Academy's criteria is to honor women who are role models for other women in their particular professions, which they will do at a celebration Oct. 5.
Read more about it in the Tennessean
TBA closed Monday
The Tennessee Bar Association offices will be closed Monday, July 5, in observance of Independence Day. The office will reopen Tuesday morning, July 6.

Opinion: Taxes will pay -- and pay -- for inmate's defense
A columnist points out that when Howard Hawk Willis was sentenced to death last week in Washington County, Willis had already "cost the county more than $300,000 in terms of legal and incarceration costs." Willis is appealing his conviction, which puts him on a 13-step judicial trek that winds through both state and federal courts, Robert Houk writes. "[$300,000] sounds like a lot, and it is, but it's nothing compared to what's likely to come."
Read more in the Johnson City Press
State asks high court to consider Koulis conviction
Tennessee Attorney General Robert Cooper has appealed to the Tennessee Supreme Court a decision by the state's Criminal Court of Appeals dismissing the criminally negligent homicide conviction of the late Dr. Christ Koulis, convicted in 2007 in the death of his girlfriend. Koulis was in the midst of an appeal of his conviction when he died of an apparent heart attack in April. Since Koulis's death, his attorney David Raybin has worked to have the appeal dismissed and his conviction abated.
The Wiilliamson Herald has more
Supreme Court Report
Hearings conclude: Kagan called 'brilliant' and 'hostile'
More people weighed in on the nomination of Elena Kagan to the U.S. Supreme Court before the Senate hearing wrapped up yesterday. Representatives of the American Bar Association told the Senate Judiciary Committee on Thursday that Kagan received its highest rating because of legal skills that reviewers found "brilliant, gifted, and of the highest level." The National Rifle Association, on the other hand, said she is hostile to gun rights, and warned senators that it will take their votes into account when considering endorsing their re-election. The committee hopes to approve Kagan's nomination and hold a floor vote in late July, according to C-SPAN, where you can listen to the testimony from all four days of the hearing.

Also, Thurgood Marshall Jr. wrote an opinion piece in The Washington Post, noting the "harsh innuendo" about his father's jurisprudence and writing that "the Kagan hearing is not the proper forum to rehash my father's work."

Resources
Free ADR ethics help available
Free online alternative dispute resolution ethics resources are available from the American Bar Association Section of Dispute Resolution. Learn more about these helpful sources in an article by Nashville lawyer Marnie Huff, "Do the 5-Step: ABA ADR Ethics Resources," published in a recent issue of Mediate.com.
Read it here
Correction
A story in TBA Today Wednesday reported the names of lawyers in the 2011 Leadership Nashville class, which included Hedy Weinberg, executive director of the American Civil Liberties Union of Tennessee. Although Weinberg is part of the new class, she is not a lawyer.

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 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 Gov. 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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