ABA, TBA presidents launch civic education initiatives

New ABA President Stephen N. Zack has made improving civics education one of his priorities for the year. Zack, the son of a Cuban woman and a father with roots in Russia, immigrated to America in 1961 when his family fled the Castro regime. He says his experience in Cuba showed that the loss of democracy is not a theoretical exercise but something that can really happen; and that is why he is working to make sure young Americans understand the importance of political freedom, and are empowered to defend it. His initiative includes a three-day civic education academy for teenagers in February and a call for lawyers to consider high-quality civic education part of their responsibility to society. Read more about the initiative in the ABA Journal.

The initiative compliments the civics education efforts that TBA President Sam Elliott has announced for his year in office. Among those programs are a YouTube video contest on Tennessee's unique history of law and liberty, and an increased emphasis on Tennessee legal history. The TBA also is working with the Judicial Conference on public education efforts. Watch for more information on these programs in the coming months.
TODAY'S OPINIONS
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JOHN CRUMBY, JR. v. RURAL/METRO CORPORATION OF TENNESSEE

Court: TWCA

Attorneys:

G. Gerard Jabaley, Knoxville, Tennessee, for the appellant, Rural/Metro Corporation of Tennessee.

Steve Erdely, IV, Knoxville, Tennessee, for the appellee, John T. Crumby, Jr.

Judge: BLACKWOOD

Pursuant to Tennessee Supreme Court Rule 51, this workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. In 2001, the trial court found that Employee's coronary artery disease had been advanced by his employment. Medical benefits were awarded in accordance with the workers' compensation law. In 2007, a dispute arose between Employee and Employer as to whether certain medications and tests were related to the work injury. Employee filed a motion to compel Employer to provide the medications under the 2001 judgment. The trial court granted the motion, and ordered Employer to provide all of the medications at issue. On appeal, we conclude that the trial court erred by requiring Employer to provide medications for Employee's diabetes. We otherwise affirm the order.

http://www.tba2.org/tba_files/TSC_WCP/2010/crumbyj_081110


HAROLD K. GAUSE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Harold K. Gause, Humble, Texas, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; William L. Gibbons, District Attorney General; and Rachel Newton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioner, Harold Gause, appeals the summary dismissal of his petition for post-conviction relief. He entered a plea of guilty to reckless driving on April 30, 2003, in exchange for a sentence of seventeen days, which he had already served. He filed a petition for post-conviction relief on April 15, 2009. On appeal, he argues that: it was improper for the post-conviction court to summarily dismiss the petition; his allegations established a colorable claim for relief; the State failed to adequately answer the allegations contained in his petition; and this court should take judicial notice of the petitioner's complaint filed with the Board of Professional Responsibility regarding the representation of trial counsel. After careful review, we affirm the summary dismissal from the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2010/gauseh_081110.pdf


KILVEN NEAL v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Kilven Neal, Memphis, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; and Deshea Dulany Faughn, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Kilven Neal, appeals the Fayette County Circuit Court's summary dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting that we dismiss the appeal based on the petitioner's failure to file a timely notice of appeal, or, in the alternative, affirm the lower court's judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we conclude that there was no timely notice of appeal filed and that the petitioner's claims do not warrant that we waive the timely notice of appeal requirement in the interest of justice. Accordingly, we dismiss the appeal.

http://www.tba2.org/tba_files/TCCA/2010/nealk_081110.pdf


Jurisdiction Over Parentage Actions in Shelby County

TN Attorney General Opinions

Date: 2010-08-11

Opinion Number: 10-91

http://www.tba2.org/tba_files/AG/2010/ag_10_91.pdf

TODAY'S NEWS

Legal News
Election 2010
Passages
Upcoming
Disciplinary Actions
TBA Member Services

Legal News
TALS accepting nominations for two awards
The Tennessee Alliance for Legal Services (TALS) is accepting nominations for two of its awards: the B. Riney Green Award, which recognizes those who strengthen access to justice in Tennessee and effectively promote inter-program cooperation, and the New Advocate of the Year Award, which recognizes energetic, effective advocacy by an individual in the first four years of their career. Nominations must be submitted by 5 p.m. Central time on Aug. 27 to Erik Cole at ecole@tals.org or by fax to (615) 627-0964.
Learn more online
DA named to death penalty commission
Lt. Gov. Ron Ramsey, R-Blountville, has appointed 22nd Judicial District Attorney General Mike Bottoms to the Post-Conviction Defenders Commission. The commission oversees the Office of the Post-Conviction Defender, which provides representation for any person convicted and sentenced to death who cannot afford an attorney.
Read more in the Murfreesboro Daily
Pera is named to ABA post
Memphis attorney Lucian Pera, a partner in the firm of Adams and Reese, has been named treasurer-elect of the American Bar Association. He will assume the treasurer's post in 2011 and will serve a three-year term. Pera has served on the ABA's Board of Governors, chaired the board's Finance Committee, and has been a member of the House of Delegates. He is a past chair of the Tennessee Bar Association Standing Committee on Ethics and Professional Responsibility. The Commercial Appeal carried the news.

Election 2010
Agriculture head Givens joins McWherter campaign
Mike McWherter, Democratic nominee for Tennessee governor, has announced that Agricultural Commissioner Ken Givens will join his campaign as a senior advisor next week. Givens has served as head of the Tennessee Department of Agriculture since Gov. Phil Bredesen appointed him to the position in 2002. Givens also served as a member of the state House during Governor Ned McWherter's tenure.
Chattanoogan.com has the story
Brooks announces run for state House speaker
State Rep. Harry Brooks, R-Knoxville, announced yesterday that he plans to run for speaker of the state House of Representatives if Republicans retain a majority in the chamber after November's elections. He is the first legislator to announce a challenge to current Speaker Kent Williams. Brooks has served since 2002 and is currently the chair of the House Education Committee.
The In Session blog has more
Passages
Tullahoma lawyer dies
Tullahoma lawyer Joanne Thorson Yoder died May 14 after a battle with kidney cancer. She was 43 years old. Yoder earned her law degree from the University of Tennessee College of Law in 1997 and began her career working as a legislative assistant for former U.S. Sen. Jim Sasser, D-Tenn., in Washington, D.C. She later worked in the development office of Vanderbilt University and practiced law in Tullahoma. In lieu of flowers the family has asked that donations be given to the Action to Cure Kidney Cancer, the Building Fund of First United Methodist Church of Tullahoma or the Vanderbilt Ingram Cancer Center.
Read more from her obituary
Upcoming
Juvenile judge speaks at community center
Juvenile Court Judge Suzanne Bailey will address members and guests of the Jewish Federation of Greater Chattanooga at a luncheon tomorrow, Aug. 12, at noon. Bailey plans to address current juvenile court issues and entertain questions at the event, which is open to the public. The cost is $7, which includes lunch. RSVP by email to Ann Treadwell, by phone at (423) 493-0270 ext. 13, or by using the online form.

Disciplinary Actions
Nashville lawyer disbarred
Nashville lawyer Alea Danielle Ashby was disbarred on Aug. 5 for failing to perform work for which she was paid, and failing to properly communicate with clients. In addition, she continued practicing law after being suspended for failing to answer 10 complaints of misconduct. In considering the case, the Tennessee Supreme Court determined that Ashby had abandoned her practice and caused serious injury to her clients. In addition to disbarring her, the court ordered her to provide restitution to eight clients.
Download the BPR's notice


According to the Nashville Post, Ashby spent three years in the 19th District Attorney General's office (which serves Montgomery and Robertson counties) before launching a private practice focusing on Music Row clients. She graduated from Vanderbilt University Law School and had been licensed to practice since 2005.
Read more from the paper
TBA Member Services
TBA expands insurance services for members
The TBA Member Insurance Solutions Program has been expanded to offer assistance to members in meeting their health, life, disability and other insurance needs. Working with Graham Swafford III of Capital Financial Group, the TBA is now able to provide members with exclusive benefits, personalized service, and pricing discounts. Services and products offered include: disability income insurance, business overhead expense insurance, group life, long-term and short-term disability income insurance, long-term care insurance, and group health, dental and vision insurance along with other employee related benefits.
Learn more about TBA Insurance Solutions now

 
 
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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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