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| Monday, July 19, 2010 |
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New CLE: 'Workshop for the Minority Lawyer'
Join TBA's Committee for Racial and Ethnic Diversity for this half-day program, Aug. 25, designed to help facilitate the development of minority attorneys. This program will teach practical business development skills, examine emerging e-discovery trends, and provide networking opportunities. Join keynote speaker Thomas Sager, with Dupont, as he discusses diversity in the legal profession. Sager helped pioneer the Dupont Convergence and law firm partnering program, which has become a benchmark in the legal industry.
Find out more or register
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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
02 - TN Court of Appeals
01 - 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
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.
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2010/certlist_071910.pdf
DEBORAH MILLER GENTILE v. MICHAEL CHARLES GENTILE
Court: TCA
Attorneys:
Deana Hood, Franklin, Tennessee; Connie Reguli, Brentwood, Tennessee, for the appellant, Michael Charles Gentile.
Dana McLendon, Franklin, Tennessee, for the appellee, Deborah Miller Gentile.
Judge: COTTRELL
Husband appeals the trial court's order under Rule 35 requiring the parties in this divorce action to undergo a mental examination and the court's alleged reliance on that examination. He also appeals the trial court's finding that the home titled solely to husband had transmuted to marital property. We affirm the trial court.
http://www.tba2.org/tba_files/TCA/2010/gentilem_071910.pdf
MARY LOU GAMMO v. RICHARD ROLEN, et al.
Court: TCA
Attorneys:
Thomas C. Jessee, Johnson City, Tennessee, for the appellants, Richard Rolen and Lisa J. Rolen.
Mark D. Edmonds, Jonesborough, Tennessee, for the appellee, Mary Lou Gammo.
Judge: FRANKS
The parties were previously before this Court in an appeal by reason of an easement claim by the plaintiff. This Court ruled that plaintiff had an easement, and we remanded the case to the Trial Court and defendants filed a motion to determine the extent of the easement. A trial ensued and the Trial Judge ordered defendants to remove a gate and a fence which impaired plaintiff"s use of her easement. On appeal, we affirm the Judgment of the Trial Court, as modified.
http://www.tba2.org/tba_files/TCA/2010/rolenr_071910.pdf
STATE OF TENNESSEE v. DANIEL HENDERSON JONES
Court: TCCA
Attorneys:
Daniel Henderson Jones, Mountain City, Tennessee, Pro Se.
Robert E. Cooper, Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; H. Greeley Welles, Jr., District Attorney General; and Kent Chitwood, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
The Defendant, Daniel Henderson Jones, appeals as of right from the Sullivan County Criminal Court's denial of his motions to withdraw guilty pleas and for reduction of
sentences following his negotiated guilty pleas in case number S52,468 to one count of aggravated assault, a Class C felony; in case number S53,126 to one count of possession of .5 grams of cocaine for sale, a Class B felony; one count of possession of drug paraphernalia, a Class A misdemeanor; one count of maintaining a dwelling where drugs are sold or used, a Class D felony; and in case number S53,127 to possession of cocaine for sale, a Class C felony. He received a total effective sentence of twenty years as a Range I, standard offender. On appeal, the Defendant argues that the trial court erred in denying his motions and that his sentences were imposed absent the trial court making required findings relative to enhancement and mitigating factors. Following our review, we affirm the judgments of
the trial court.
http://www.tba2.org/tba_files/TCCA/2010/jonesd_071910.pdf
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| TODAY'S NEWS |
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Legal News
Election 2010
Supreme Court Report
TBA in the News
TBA Member Services
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| Legal News |
| Irick execution set for Dec. 7 pending competency hearing |
| The Tennessee Supreme Court has set the execution date for Billy Ray Irick for Dec. 7, and ordered a hearing in the Knox County Criminal Court to determine whether Irick is competent to be executed. |
The Administrative Office of the Court has the filing
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| DOJ wants investigation of sentencing guidelines |
| The Department of Justice wants the U.S. Sentencing Commission to investigate, with special attention to guidelines for fraud and child pornography crimes, widely disparate sentences for similar crimes. The department called for a "comprehensive review" of the state of federal sentencing in its most recent annual report. In the five years since a U.S. Supreme Court decision struck down the mandatory nature of federal sentencing guidelines, the department said, prosecutors' experiences and data "suggest that federal sentencing practice is fragmenting into at least two distinct and very different sentencing regimes." |
Law.com has this National Law Journal story
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| Chattanooga Bar Foundation inducts new fellows |
| The Chattanooga Bar Foundation has inducted seven new fellows. They are: John M. Higgason Jr. with Arbitration and Mediation Services Inc.;
Phillip C. Lawrence with Lawrence & Lawrence PLLC; H. Richard Marcus with Franklin, Cooper & Marcus PLLC; Allen L. McCallie with Miller & Martin PLLC; Phillip A. Noblett, deputy city attorney for the City of Chattanooga; David W. Noblit with Leitner, Williams, Dooley and Napolitan PLLC; and the
Hon. Barry A. Steelman, Hamilton County Criminal Court. |
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| Memphis leaders working together to help juveniles |
| Democrats and Republicans came together in Memphis recently over the need to keep as many kids as possible out of the juvenile detention system.
The leaders made public a practice that had been quietly going on in the city for the past few months, in which police have been issuing more summonses to juveniles accused of minor offenses instead of hauling them to the detention facility at Juvenile Court.
The aim is to keep these nonviolent kids from being exposed unnecessarily to the stigma of a jail culture that very likely could push them further toward a life of crime.
Leaders say the change will relieve crowding at Juvenile Court, save money and keep police where they really need to be -- patrolling the streets. As columnist Otis Sanford writes, "What's not to like about that?" |
Read the column in the Commercial Appeal
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| Election 2010 |
| Candidates mum about Owens' commutation |
The four gubernatorial candidates at last week's debate said they'd only consider commuting a death sentence if new evidence emerges. And after Gov. Bredesen commuted the sentence of Gaile Owens last week, the candidates have not commented on whether or not they disagree with that decision.
Tri-Cities.com reported this AP story
Tennessean columnist Gail Kerr writes about the governor's decision-making process. |
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| Election guide published |
| The Knoxville News Sentinel published a voter's guide Sunday for area elections, including the race for
Anderson County Juvenile Judge among Zach Farrar,
Brandon Fisher and
Phil Harber. |
Access the guide
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| Supreme Court Report |
| Kagan vote tomorrow |
| Although there are no surprises expected in tomorrow's Senate Judiciary Committee vote on Elena Kagan's nomination to the U.S. Supreme Court, a filibuster against her is a possibiity.
Sen. Mitch McConnell, R-KY, has said he plans to vote no on Kagan's nomination, and while he has refused to rule out a filibuster, he called such a move unlikely. |
National Public Radio reports
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| TBA in the News |
| Van Horn to work toward more diversity in legal profession |
| "It is time for people of my generation to step up and assume more leadership roles," Tennessee Bar Association President-elect Danny Van Horn says. "During the election [for TBA vice president], I asked the legal community to examine my passion, new ideas, and work ethic -- and not my age." At 38, Van Horn is the youngest lawyer to be elected to the position. He will be president of the association next year.
"The legal profession must be more inclusive of people from all races, genders, and backgrounds and cultures," he says, pointing out his goal to improve diversity in the legal profession. "If we can accomplish this goal and become more diverse, it will make the TBA and state law firms even stronger and more effective." |
Read the profile in the Commercial Appeal
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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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Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php
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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