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| Monday, January 03, 2011 |
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Comments filed on rule amendment matters
Responding to year-end deadlines, the Tennessee Bar Association filed comments on four rule
amendment matters pending before the Tennessee Supreme Court late last week.
The comments supported:
-- an increase in the hourly rate for indigent
representation, a merger of the in-court and out-of-court rates and a
lifting of the caps for those involved in such cases (Rule 13 Comment
with attachments: Comprehensive Guide to Bar Admission Requirements,
Report of the Minnesota Board of Law Examiners and
The Bar Examiner, 2009 Statistics);
-- opposed adoption of a
proposal to permit lawyers who graduated from unaccredited or unapproved law
schools licensed and experienced in other jurisdictions to sit for the
Tennessee bar exam (Rule 7 Section 2.02 Comment);
-- supported repeal of Tennessee Supreme Court Rule 37 on
mandatory mediation of workers' comp appeals (Rule 37 Repeal Comment); and,
-- supported adoption of an
amendment to the CLE rule to permit CLE credit for approved mentoring
programs (Mentoring Comment).
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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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
06 - 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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WILLIAM E. JARVIS v. STATE OF TENNESSEE, EX REL, JANICE L. BANE
Court: TCA
Attorneys:
William E. Jarvis, Nashville, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; and Mark A. Fulks, Senior Counsel, Criminal Justice Division, for the appellee, State of Tennessee.
Judge: DINKINS
Father previously convicted of contempt for failure to pay child support appeals the dismissal of his petition seeking habeas corpus relief. Finding that the petition does not allege facts
sufficient to support the issuance of a writ of habeas corpus, the judgment is affirmed.
http://www.tba2.org/tba_files/TCA/2011/jarvisw_123010.pdf
CLIFTON DOUGLAS v. JOE EASTERLING, WARDEN
Court: TCCA
Attorneys:
Clifton Douglas, Whiteville, Tennessee, pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; and Rachel West Harmon, Assistant Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
The Petitioner, Clifton Douglas, appeals as of right from the Hardeman County Circuit Court's dismissal of his petition for a writ of habeas corpus. The Petitioner contends that the
State failed to provide proper notice of its intention to seek enhanced punishment as required by statute. See Tenn. Code Ann. section 40-35-202(a). Following our review, we affirm the
judgment of the habeas corpus court.
http://www.tba2.org/tba_files/TCCA/2011/douglasc_123010.pdf
JAMES M. FLINN v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
James M. Flinn, Wartburg, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Russell Johnson, District Attorney General; and Frank Harvey, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The Appellant, James M. Flinn, appeals from the Roane County Criminal Court's denial of his pro se "Motion for Preliminary Examination or Probable Cause Hearing" and his pro se "Motion to Suppress and Return Items Seized Pursuant to Search Warrant and Warrantless Searches." On appeal, the Appellant contends that the trial court erred in denying his
motions because (1) he was entitled to a preliminary hearing in the Roane County Criminal Court to determine if police had probable cause to detain him and (2) the Roane County
Criminal Court had exclusive jurisdiction over his motion to suppress and return property obtained during the search of his home. We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/flinnj_123010.pdf
STATE OF TENNESSEE v. GARY LYNN HARVEY
Court: TCCA
Attorneys:
Herbert S. Moncier, Knoxville, Tennessee, for the appellant, Gary Lynn Harvey.
Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Randall E. Nichols, District Attorney General; Patricia Cristil and William Jeff Blevins, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: OGLE
Appellant, Gary Lynn Harvey, was found guilty by a Knox County Criminal Court jury of assault, a Class A misdemeanor, and disorderly conduct, a Class C misdemeanor. See
Tenn. Code Ann. sections 39-13-101 and 39-17-305. The trial court sentenced Appellant to eleven months, twenty-nine days on probation for the assault conviction and to thirty days on probation for the disorderly conduct conviction, with the sentences to run concurrently. On appeal, Appellant contends that the trial court erred by: (1) refusing to dismiss the disorderly conduct charge because the presentment was insufficient; (2) refusing to dismiss the disorderly conduct charge because section 39-17-305(b) is unconstitutionally vague and overbroad; (3) finding the evidence sufficient to support his conviction for disorderly conduct; (4) finding the evidence sufficient to support his conviction for assault; (5) not declaring a mistrial due to an officer's conduct during jury deliberations; (6) not finding prosecutorial misconduct after Appellant was charged with assaulting an officer who denied
being assaulted; (7) not declaring a mistrial following the discharge of a juror during deliberations and the recall of an alternate juror who had already been discharged; (8) not
providing Appellant with a written copy of the jury instructions before his closing argument; (9) incorrectly charging the jury on reasonable doubt; (10) incorrectly charging the jury on self-defense; (11) incorrectly charging the jury on lawful resistance; (12) denying him the right to present a complete defense by erroneously excluding newspaper articles as hearsay evidence; (13) violating his Sixth Amendment right to confront witnesses; (14) improperly
conducting voir dire; (15) denying him the right to present a complete defense by erroneously excluding witness testimony and by granting the State's motion to quash subpoenas against
the Knoxville Sheriff and two chief deputy sheriffs; (16) refusing to grant a change of venue; and (17) denying his right to a speedy trial by delaying in ruling on his motion for new trial. Because Appellant was denied his constitutional right to a jury trial when the trial court substituted a discharged alternate juror for a disqualified original juror during deliberations, we reverse the judgments and remand the case for a new trial.
http://www.tba2.org/tba_files/TCCA/2011/harveyg_123010.pdf
MICHAEL T. HENDERSON v. STATE OF TENNESSEE
With Concurring Opinion
Court: TCCA
Attorneys:
Roland E. Cowden, Maryville, Tennessee, for the appellee, Michael T. Henderson.
Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Russell Johnson, District Attorney General; for the appellant, State of Tennessee.
Judge: OGLE
The State of Tennessee appeals the Morgan County Criminal Court's order granting the petitioner, Michael T. Henderson, partial habeas corpus relief from his Knox County convictions of burglary and larceny. Also on appeal, the petitioner argues in his brief that the habeas corpus court erred in denying a portion of his claims. Following our review we reverse the partial award of habeas corpus relief and affirm the denial of the remaining habeas corpus claims.
http://www.tba2.org/tba_files/TCCA/2011/hendersonm_123010.pdf
TIPTON concurring
http://www.tba2.org/tba_files/TCCA/2011/hendersonm_CON_123010.pdf
STATE OF TENNESSEE v. MARK FREDERIC TAYLOR
Court: TCCA
Attorneys:
Joseph F. Harrison, Blountville, Tennessee, for the appellant, Mark Frederic Taylor.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph Eugene Perrin,
Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
The appellant, Mark Frederic Taylor, was convicted of two counts of attempt to obtain a controlled substance by fraud and one count of fraudulently obtaining benefits for medical
assistance, and he received a total effective sentence of fourteen years, eight years of which was to be served on probation. Subsequently, the trial court found that the appellant violated his probationary sentence by receiving new convictions. Therefore, the trial court revoked the appellant's probation and ordered him to serve his entire sentence in confinement. On appeal, the appellant contests the revocation and the imposition of an incarcerative sentence.
Upon review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/taylorm_123010.pdf
RICKEY CLYDE TAYLOR v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Scott A. Lovelace, Ripley, Tennessee, attorney for appellant, Rickey Clyde Taylor.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Julie K. Pillow, Assistant District Attorney General, attorneys for appellee, State of Tennessee.
Judge: THOMAS
The Petitioner, Rickey Clyde Taylor, appeals as of right from the Lauderdale County Circuit Court's denial of his petition for post-conviction relief. The Petitioner pled guilty to four
counts of delivery of .5 grams or more of cocaine, a Class B felony, and received an effective 28-year sentence for the convictions. In this appeal as of right, the Petitioner alleges that as a result of trial counsel's ineffectiveness, his guilty pleas were involuntarily entered. Following our review, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/taylorr_123010.pdf
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| TODAY'S NEWS |
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Legal News
U.S. Supreme Court
Passages
TBA Member Services
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| Legal News |
| New laws effective with start of new year |
| New federal and local laws ring in the new year, governing a span of topics from health care and finance to texting, guns and smoking.
In Tennessee, there are many new laws, including a "game-changer" for
DUI and
a law
that requires Tennessee jailers to check every new inmate's citizenship. |
The Wall Street Journal explores new federal laws
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| LSC names new president |
| James J. Sandman, current general counsel and chief legal officer for the District of Columbia Public Schools, has been selected as the next president of the Legal Services Corporation, Board Chairman John G. Levi announced today.
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Learn more about him from the LSC
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| 'Atticus Finch' to be featured on postage stamp |
| The late actor who portrayed Atticus Finch in "To Kill a Mockingbird" will be portrayed on a postage stamp being issued April 29.
The stamp will feature a still photograph of Gregory Peck from the 1962 film, based on the novel by Harper Lee.
The ABA House of Delegates passed a resolution in August honoring the film for "the positive role that the book has played in the lives of lawyers, their families and the American public." |
ABAJournal.com shows you the stamp
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| U.S. Supreme Court |
| Roberts asks for solution to filling judicial vacancies |
| In his
annual report on the state of the federal judiciary, U.S. Supreme Court Chief Justice John Roberts Jr. called on the "political branches" to find a long-term solution to the "persistent problem" of filling judicial vacancies.
Roberts said he was "heartened" by a flurry of confirmations in the final days of the Senate session last week. Overall, the Senate confirmed 60 appeals and district court judicial nominees in the 111th Congress, leaving 19 nominees without a yes-or-no vote. Roberts said the vacancies have created "acute difficulties" and "extraordinary caseloads" in some judicial districts. |
The Blog of Legal Times reports
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| Passages |
| Visitation for Henry Miller today, services Tuesday |
| Henry Warren Miller, Jr., 78, died Saturday. A 1958 graduate of the
University of Memphis Law School, he practiced law in Memphis for
more than 50 years with his two sons, Henry and Michael.
The family will receive friends
Monday from 5 to 7 p.m. at Memphis Funeral Home and Memorial Gardens on
Poplar Avenue, with funeral services Tuesday at 10 a.m., also at the funeral
home. A private burial will follow. Memorial contributions may be made to
the building fund at Redeemer Evangelical Church.
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Read his obituary in the Commercial Appeal
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| Francis Dichtel services Wednesday |
| Memphis attorney Francis E. Dichtel died Friday after a long illness. He was 76.
Mr. Dichtel graduated from the University of Memphis School of Law and was licensed to practice in 1968.
A memorial service will be held at
Family Funeral Care,Wednesday at 2 p.m. Memorial contributions may be made to St. Jude Children's Research Hospital. |
Read his obituary in the Commercial Appeal
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| Memphis lawyer Ernest Norcross dies, services set |
| Memphis lawyer William Ernest Norcross died Saturday.
He was 76. Mr. Norcross was a 1964 graduate of the University of Virginia School of Law.
Visitation is Thursday from 11 a.m. to 12:30 p.m. at
Memphis Funeral Home and Memorial Gardens,
5599 Poplar Ave., followed by a graveside service at 1 p.m. at the
West Tennessee Veterans Cemetery,
4000 Forest Hill Irene Road in Memphis. |
Read his obituary
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| Glen Willard dies in Kyiv |
| H. Glen Willard died Wednesday in Kyiv after a two-year struggle with mouth cancer. He was 68. Willard was an accountant and an attorney. He completed an undergraduate degree from the University of Mississippi and obtained his law degree from the University of Tennessee while working full-time teaching accounting classes. He was licensed in Tennessee in 1968.
He then formed a law practice in Humboldt, Tenn., before moving to Atlanta. |
Read his obituary in the Kyiv Post
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| TBA Member Services |
| Follow us! |
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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.
© Copyright 2011 Tennessee Bar Association
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