Film seeks to destigmatize depression among lawyers

"The law as a profession breeds depression," a man in a new documentary points out. New York lawyer Daniel Lukasik recently produced the short film about lawyers with depression, which he hopes will be shown at law schools around the country. "The film is meant to educate and inform people about what depression is and what it isn't, and also to destigmatize it in the legal profession," Lukasik told Lawjobs.com in an article out today. "I think it's a huge stigma. Lawyers are supposed to be problem-solvers. We're not supposed to have problems."

Titled "A Terrible Melancholy: Depression in the Legal Profession," the film focuses on the stories of lawyers and judges. Lukasik also founded the web site and companion blog Lawyers with Depression, "created for lawyers with depression by a lawyer with depression." Every state has some form of confidential support program for lawyers struggling with substance abuse or emotional problems. In Tennessee, contact the Tennessee Lawyers' Assistance Program at tlap.org or call (877) 424-8527 toll-free.

Learn more and view the documentary's trailer

TODAY'S OPINIONS
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AMY E. CARDWELL v. DONALD CHRISTOPHER HUTCHINSON

Court: TCA

Attorneys:

Joshua D. Hedrick, Knoxville, Tennessee, for the Appellant, Donald Christopher Hutchinson.

Leith Marsh, Caroline Thompson, and Donna Smith, Knoxville, Tennessee, for the Appellee, Amy E. Cardwell.

Judge: SWINEY

Amy E. Cardwell ("Petitioner") was sexually abused by Donald Christopher Hutchinson ("Respondent"), who was the Youth Leader at Petitioner's church. Petitioner, who is mentally disabled, filed for and obtained an order of protection prohibiting Respondent from having any contact with Petitioner. Respondent also was prohibited from attending the church where he abused Petitioner so long as Petitioner continued to attend that church. The order of protection expired in one year, at which time both Petitioner and Respondent agreed to extend it for another one year period. At the expiration of the second one year term, Petitioner filed a motion seeking another one year extension. Respondent opposed the second extension. Following a hearing, the Trial Court extended the order of protection for another year. Respondent appeals, and we affirm.

http://www.tba2.org/tba_files/TCA/2010/cardwella_112410.pdf


IN RE MADISON K. P.

Court: TCA

Attorneys:

Gregory D. Smith and Rebecca K. McKelvey, Nashville, Tennessee, for the appellant, Brix M. J.

William Kennerly Burger and Claire S. Burger, Murfreesboro, Tennessee, for the appellee, Jared M.P.

Judge: CLEMENT

This is an action to change the designation of the primary residential parent from Mother to Father. The child was born in 1999 when her parents were only sixteen years old. When the first parenting plan was established in 2000, Mother was designated the primary residential parent but the court ordered that she share "joint custody and guardianship" with her father and stepmother, with whom she and the child resided. Prior to the filing of this petition in 2009, the child was residing in Georgia with the maternal grandparents, Mother was residing in New York City, and Father was residing in Murfreesboro, Tennessee. When Mother advised Father that she was moving with the child to New Jersey, Father filed this petition to be named the primary residential parent. Mother challenged the petition contending, inter alia, that the Tennessee courts no longer have subject matter jurisdiction, that Georgia is the appropriate forum, and that she should continue as the primary residential parent. The Rutherford County Juvenile Court held that it maintained exclusive, continuing jurisdiction. Following a trial, the court found that a material change of circumstances existed and that Father should be designated as the primary residential parent. Mother appealed claiming that the trial court erred in exercising jurisdiction over the action and in designating Father as the primary residential parent. We affirm the trial court's determination that it maintains exclusive, continuing jurisdiction, however, we reverse the trial court's determination that Father should be named the primary residential parent.

http://www.tba2.org/tba_files/TCA/2010/madisonkp_112410.pdf


PAUL RAWDON ET AL. v. JIMMIE LEE JOHNSTON ET AL.

Court: TCA

Attorneys:

Michael Everett Spitzer and Katerina Vatulina Moore, Hohenwald, Tennessee, for the appellants, Paul Rawdon and Tresa Rawdon.

Douglas Thompson Bates, Centerville, Tennessee, for the appellees, Jimmie Lee Johnston, Faye Johnston, Jimmy Douglas Johnston, and Andrea Faye Morrow.

Judge: BENNETT

The owner of a water easement from a spring seeks to use the water on land he owns which is adjacent to, but not part of, the original dominant estate. This use would not increase the burden of the easement. The owner of the spring objects. The trial court held for the spring owner. We reverse.

http://www.tba2.org/tba_files/TCA/2010/rawdonp_112410.pdf


JANE DOE and JOHN DOE v. WALGREENS COMPANY, ET AL.

Court: TCA

Attorneys:

David A. Stowers and Coleman W. Garrett, Memphis, Tennessee, for the appellants, Jane and John Doe.

Leland M. McNabb and Courtney S. Vest, Memphis, Tennessee, for the appellees, Walgreens Company, Paris Ghoston and Dr. Grady Saxton.

Judge: STAFFORD

This is an appeal from the grant of Appellees/Defendants' Tenn. R Civ. P 12.02 motion to dismiss. Appellant Jane Doe, who is HIV positive, was employed by Appellee Walgreens. In an effort to keep her medical condition private, Ms. Doe had her prescriptions filled at a Walgreens location other than the one at which she worked; therefore, Ms. Doe was also a customer of Walgreens. A co-worker of Ms. Doe's accessed Ms. Doe's prescription history in the Walgreens' database, and then disseminated her medical information to other coworkers and to Ms. Doe's fiance. Ms. Doe and her fiance filed suit. The trial court dismissed the lawsuit, finding that the Does' exclusive remedy was under the workers' compensation act. Finding that the injuries sustained by Ms. Doe do not arise out of her employment with Walgreens, and that she has sufficiently pled causes of action outside workers' compensation law, we reverse the order of dismissal and remand.

http://www.tba2.org/tba_files/TCA/2010/walgreens_112410.pdf


LINDA BLAIR v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

C. Anne Tipton, Memphis, Tennessee, for the appellant, Linda Blair.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Bryan Davis, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Linda Blair, pled guilty to TennCare fraud, a Class E felony, in May 2007. She subsequently filed a petition for post-conviction relief, alleging that she entered the guilty plea unknowingly due to ineffective assistance of counsel. She now appeals the post-conviction court's denial of relief. Following our review, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2010/blairl_112410.pdf


MIKO BURL v. JAMES FORTNER, WARDEN

Court: TCCA

Attorneys:

Miko Burl, Only, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Nicole C. Germain, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The pro se petitioner, Miko Burl, appeals the summary dismissal of his petition for writ of habeas corpus relief. On February 7, 2000, the petitioner was convicted of especially aggravated robbery, aggravated assault, and aggravated burglary, for which he was sentenced to thirty-three years in the Department of Correction. On appeal, he argues that his conviction for especially aggravated robbery is void because this court vacated his conviction for aggravated assault on direct appeal. After careful review, we conclude that the summary dismissal of the petition was proper, and we affirm the judgment from the habeas corpus court.

http://www.tba2.org/tba_files/TCCA/2010/burlm_112410.pdf


STATE OF TENNESSEE v. BRUCE FRANKS, JR.

Court: TCCA

Attorneys:

Guy T. Wilkinson, District Public Defender; and Richard W. DeBerry, Assistant District Public Defender, for the appellant, Bruce Franks, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel, Hansel Jay McCadams, District Attorney General; and Ed N. McDaniel, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Bruce Franks, Jr., having presently pled guilty to thirty-eight counts involving vandalism, theft, burglary, and criminal trespass, appeals the trial court's denial of his request for an alternative sentence and the trial court's revocation of his probation in two other cases. After review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/franksb_112410.pdf


STATE OF TENNESSEE v. ANTHONY HALL, ERIC MURRELL, and ERICA WILLIAMS

Court: TCCA

Attorneys:

Patrick E. Stegall, Memphis, Tennessee, for the appellant, Anthony Hall; Juni S. Ganguli, Memphis, Tennessee, for the appellant, Eric Murrell; and James M. Gulley (on appeal) and Gary Ball (at trial), Memphis, Tennessee, for the appellant, Erica Williams.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; and Pamela Fleming and Raymond Lepone, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendants, Anthony Hall, Eric Murrell, and Erica Williams were convicted by a Shelby County Criminal Court jury of especially aggravated robbery, a Class A felony. Defendants Murrell and Hall were sentenced to eighteen years and Defendant Williams was sentenced to fifteen years, in the Department of Correction. In this consolidated appeal, the defendants challenge the sufficiency of the convicting evidence. After review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/halla_112410.pdf


STATE OF TENNESSEE v. O'NEAL JOHNSON

Court: TCCA

Attorneys:

Robert Wilson Jones, District Public Defender; Barry W. Kuhn (on appeal) and Trent Hall and Timothy J. Albers (at trial), Assistant Public Defenders, for the appellant, O'Neal Johnson.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William L. Gibbons, District Attorney General; and J. Robert Carter, Jr. and Scot A. Bearup, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, O'Neal Johnson, was convicted by a Shelby County Criminal Court jury of rape of a child, a Class A felony, and was sentenced to twenty-five years in the Department of Correction at 100% as a violent offender. On appeal, the defendant challenges the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/johnsono_112410.pdf


KEVIN JONES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

James E. Thomas, Memphis, Tennessee, for the appellant, Kevin Jones.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; William L. Gibbons, District Attorney General; and Summer Morgan, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Kevin Jones, appeals the denial of his petition for post-conviction relief from his conviction for aggravated child abuse, arguing that his trial counsel provided ineffective assistance by his failure to obtain a defense expert medical witness and that Tennessee Supreme Court Rule 13, which restricts funding for expert witnesses in non-capital post-conviction proceedings, violates the Equal Protection Clause of the United States Constitution. Following our review, we affirm the denial of the petition.

http://www.tba2.org/tba_files/TCCA/2010/jonesk_112410.pdf


STATE OF TENNESSEE v. TYRICK LALORD MCINTOSH

Court: TCCA

Attorneys:

Clifford K. McGown, Jr. (on appeal), Waverly, Tennessee; George Morton Googe, District Public Defender; Paul E. Myers, Assistant Public Defender, Jackson, Tennessee, for the appellant, Tyrick Lalord McIntosh.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; James G. Woodall, District Attorney General; and James W. Thompson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

A Madison County jury convicted the defendant, Tyrick Lalord McIntosh, of aggravated burglary, a Class C felony. The trial court sentenced the defendant as a Range I standard offender to six years at 30% in the Tennessee Department of Correction. On appeal, the defendant contends that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/mcintosht_112410.pdf


STATE OF TENNESSEE v. MARK A. OWENS

Court: TCCA

Attorneys:

Noel H. Riley, II, Dyersburg, Tennessee, for the appellant, Mark A. Owens.

Robert E. Cooper, Jr., Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; C. Phillip Bivens, District Attorney General; and Lance E. Webb, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Mark A. Owens, was convicted by a Lake County jury of the sale of less than .5 grams of cocaine, a Class C felony, and was sentenced by the trial court as a Range III, persistent offender to ten years in the Department of Correction. The sole issue he raises on appeal is whether the evidence was sufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/owensm_112410.pdf


STATE OF TENNESSEE v. TERRENCE DONNELL PIRTLE

Court: TCCA

Attorneys:

Shannon A. Jones, Alamo, Tennessee, for the appellant, Terrence Donnell Pirtle.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; Garry G. Brown, District Attorney General; and Harold E. (Hal) Dorsey, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Terrence Donnell Pirtle, was convicted by a Gibson County jury of possession of cocaine with the intent to deliver or sell, a Class C felony, and possession of drug paraphernalia, a Class A misdemeanor, and was sentenced by the trial court as a Range II offender to an effective term of four years in the Department of Correction. In a timely appeal to this court, he argues that the trial court should have granted his motion to suppress on the basis that the search warrant failed to establish a sufficient nexus between his alleged criminal activity and the residence where the drugs and drug paraphernalia were found. The State responds by arguing that the defendant has waived the issue by his failure to include it in his motion for new trial or to provide an adequate record for our review. We agree with the State. Accordingly, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/pirtlet_112410.pdf


STATE OF TENNESSEE v. COURTENAY DARRELL ROBERTSON

Court: TCCA

Attorneys:

Joseph T. Howell, Jackson, Tennessee, for the appellant, Courtenay Darrell Robertson.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; James G. Woodall, District Attorney General; and Jody Pickens, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

A Madison County jury convicted the defendant, Courtenay Darrell Robertson, of attempted second degree murder, a Class B felony; aggravated arson, a Class A felony; and felony evading arrest, a Class E felony. The trial court sentenced the defendant as a Range II offender to twenty years at 35% for attempted second degree murder, thirty-five years at 100% for aggravated arson, and four years at 35% for felony evading arrest, to be served in the Tennessee Department of Correction. The trial court ordered the defendant to serve the aggravated arson sentence consecutively to the attempted second degree murder sentence and to serve the sentence for felony evading arrest concurrently with the other two sentences, for a total effective sentence of fifty-five years. On appeal, the defendant argues that (1) the evidence was insufficient to support the aggravated arson conviction; (2) dual convictions for aggravated arson and attempted second degree murder violate double jeopardy principles; and (3) his sentence is excessive. Following a thorough review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/robertsonc_112410.pdf


STATE OF TENNESSEE v. JUSTIN DEWAYNE ROGERS

Court: TCCA

Attorneys:

Gary F. Antrican, District Public Defender, and Lyle A. Jones, Assistant Public Defender, for the appellant, Justin Dewayne Rogers.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; and D. Michael Dunavant, District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Justin Dewayne Rogers, was convicted of rape of a child, a Class A felony, and sentenced to twenty-five years in the Department of Correction. On appeal, he argues that the evidence was insufficient and that the trial court erred in admitting the victim's medical records in violation of his right to confrontation. After careful review, we affirm the judgment from the trial court.

http://www.tba2.org/tba_files/TCCA/2010/rogersj_112410.pdf


TODAY'S NEWS

Legal News
Upcoming
TBA Member Services

Legal News
TBA closed for holiday
The Tennessee Bar Association will be closed Nov. 25 and 26 for Thanksgiving. The office will reopen at 8 a.m. Nov. 29.

Adams and Reese, clients, donate for Thanksgiving meals
The Memphis office of Adams and Reese raised $7,500 from attorneys and clients to donate to the Mid-South Food Bank in time to help provide Thanksgiving meals for the needy of Memphis. Memphis Office Partner in Charge Jeff Smith led the efforts by asking the firm to donate $2,500 and then asking the firm's attorneys to challenge their clients to also donate money for the cause. "Last Friday, I brought a turkey to the food bank in response to the news reports that the [it] had only 125 turkeys to use for feeding the needy at Thanksgiving," Smith said. "But on my drive back to the office, I realized we had to do something more to help the food bank feed more people during the holiday season. I am grateful to the local area clients who accepted our challenge in helping support the food bank in its vital mission."

Justice Holder honored by University of Pittsburgh
Tennessee Supreme Court Justice Janice Holder was honored in October by the University of Pittsburgh as a "Legacy Laureate" during its homecoming festivities. The Pitt Legacy Laureate program recognizes alumni for their outstanding personal and professional accomplishments.
Learn more in the Pitt Chronicle
Legality of full-body scanners not key point, Reynolds says
University of Tennessee Law professor Glenn Reynolds weighs in on those airport scanners for Popular Mechanics Magazine. He says the real question isn't whether use of them is constitutional or not, but "what kind of security we want."
Read the article
Is full-body scanning coming to a courthouse near you?
The airport is just one of the places you can expect to find full-body scanning now. Two Colorado courthouses are using the new technology at security entrances, and the U.S. Marshals Service, which is responsible for federal court security, is exploring the idea as well. "Although we have no current plans for deployment, the U.S. Marshals Service believes in the technology," Washington-based Michael Prout, assistant director for judicial security for the U.S. Marshals, told the AP. "We will continue to explore the use of body scanners as a security measure for the federal judiciary."
The Associated Press reports
Upcoming
You are invited to a holiday party Dec. 3
The Tennessee Association for Criminal Defense Lawyers invites you to a holiday party Dec. 3 at Brandon's Bar & Grill, in the Arcade Alley behind the Tennessee Bar Center. It will begin after 4:30, when TACDL's Year-End CLE will end. The gathering will feature a cash bar with special drink prices and appetizers provided by TACDL.

TBA Member Services
Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more

 
 
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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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