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01 - TN Supreme Court
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Court: TSC


Court: TCA


Deana Hood, Franklin, Tennessee; Connie Reguli, Brentwood, Tennessee, for the appellant, Michael Charles Gentile.

Dana McLendon, Franklin, Tennessee, for the appellee, Deborah Miller Gentile.


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.


Court: TCA


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.


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.


Court: TCCA


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.


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.


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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
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." has this National Law Journal story
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.

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
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. reported this AP story

Tennessean columnist Gail Kerr writes about the governor's decision-making process.

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
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
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
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.

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