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| Wednesday, January 12, 2011 |
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TBA's YouTube contest extended
With school closures across the state this week because of inclement weather, the TBA Public Education Committee has decided to extend the deadline for the association's YouTube Video Contest. Submissions now are due on Jan. 28. The contest, an initiative of TBA President Sam Elliott, challenges middle and high school students to produce a three-minute video that tells the story of an event, circumstance, person or law that has played an important role in Tennessee's history.
Learn more about the contest
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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
01 - TN Court of Criminal Appeals
01 - 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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TERESA J. ALLEN v. RANDY C. ALLEN
Court: TCA
Attorneys:
Richard L. Dunlap, III, Paris, Tennessee, for the appellant, Teresa J. Allen.
W. Brown Hawley, II, Paris, Tennessee, for the appellee, Randy C. Allen.
Judge: STAFFORD
In this divorce case, Plaintiff and her counsel failed to appear in court on the scheduled date of trial. The trial court held the hearing ex parte in their absence. Plaintiff hired new counsel and filed a "Motion to Set Aside Judgment," which we discern to be a motion pursuant to Tenn. R. Civ. P. 59. The trial court held a hearing on the motion; however, Plaintiff failed to offer any evidence explaining her failure to appear on the scheduled trial date. The trial court denied Plaintiff's motion. After reviewing the record, we affirm.
http://www.tba2.org/tba_files/TCA/2011/allent_011211.pdf
STATE OF TENNESSEE v. DANIEL GONZALEZ, JR.
Court: TCCA
Attorneys:
J. Liddell Kirk, Knoxville, Tennessee (on appeal), and Mack Garner, District Public Defender (at trial), for the appellant, Daniel Gonzalez, Jr.
Robert E. Cooper, Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Mike Flynn, District Attorney General; and Kathy Aslinger, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, Daniel Gonzalez, Jr., appeals the Blount County Circuit Court's order revoking his community corrections sentences for three convictions for promotion of
methamphetamine manufacture, a Class D felony, and two convictions for possession of drug paraphernalia, a Class A misdemeanor, and ordering the Defendant to serve the remainder of his effective six-year sentence in confinement. He contends that the trial court erred by ordering him to serve the remainder of his sentences in confinement. The judgments of the trial court are affirmed.
http://www.tba2.org/tba_files/TCCA/2011/gonzalezd_011211.pdf
Regulatory Board's Authority to Approve Settlement in Absence of Intervenor Approval
TN Attorney General Opinions
Date: 2011-01-12
Opinion Number: 11-6
http://www.tba2.org/tba_files/AG/2011/ag_11_6.pdf
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| TODAY'S NEWS |
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Legal News
Tenn. Government
Upcoming
TBA Member Services
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| Legal News |
| Bredesen commutes death sentence, issues pardons |
| Gov. Phil Bredesen yesterday pardoned 22 people, exonerated one and commuted the sentences of four, including convicted murderer and death row inmate Edward Harbison who now will serve life in prison without parole. The majority of the pardons were for offenders who already had served the full terms of their convictions. An exoneration for James Green wiped his record clean of a 2006 conviction for child abuse. That move came after the victim recanted her story and charges against him were dropped.
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The Tennessean reports
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| Cawood files complaint against BPR lawyer |
| Attorney Chris Cawood has filed a complaint with the Board of Professional Responsibility against one of its own -- disciplinary counsel Sandy Garrett. Cawood alleges that Garrett violated rules on competence and diligence in pursuing a case against him. |
Roane County News has the story
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| DAs lobby to protect jobs |
| With the threat of state budget cuts looming, state district attorneys say the top priority on their legislative agenda is job security for Tennessee prosecutors. According to a story in the Chattanooga Times Free Press, more than 30 positions could be cut statewide under a plan to impose across-the-board budget cuts. Other legislative initiatives of the group are creation of a juvenile sex offender registry, increased penalties for drive-by shootings, wire-tapping authority for suspected gang activity and changes to pretrial diversion.
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Learn more from the paper
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| NSL hires new disability law instructor |
| The Nashville School of Law has hired Steven Perrigo as an instructor in Social Security Disability Law. Perrigo has extensive experience in the field having worked at the Social Security Administration in New York and Tennessee for 17 years, most recently as assistant district manager in Columbia.
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The Nashville Post reports (subscription required)
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| Nashville lawyers launch new firm |
| Nashville lawyers Malcolm McCune, Perry Happell and Mathew Zenner have formed the new law firm of McCune Zenner Happell PLLC. McCune and Zenner will head the litigation department and focus on personal injury, products liability and commercial disputes. Happell will head the firm's personal bankruptcy and social security disability practice group. The three previously were affiliated with Blackburn McCune Happell & Zenner. The office is at 101 Lea Avenue in Nashville and can be reached at (615) 425-3476.
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Visit the firm online
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| Tenn. Government |
| Haslam names mental health commissioner |
| Republican Governor-elect Bill Haslam has named community health executive Doug Varney as commissioner of the Tennessee Department of Mental Health. Varney is the president and CEO of Gray-based Frontier Health. He also is a faculty member at the Health Appalachia Institute and adjunct professor at East Tennessee State University.
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The Memphis Daily News reported the story
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| Upcoming |
| Attorneys invited to honor outgoing CLE director |
| The Tennessee Commission on Continuing Legal Education and Specialization and the Tennessee Lawyer's Fund for Client Protection will host a retirement party for David N. Shearon on Jan. 20. The party will be at the Tennessee Bar Center from 4:30 to 7 p.m. Shearon was executive director of the two entities since they were first formed in 1987. A book of memories will be compiled for him. Those interested in contributing to the book should email notes to Teresa.Seibert@cletn.com or mail them to Seibert's attention at 221 4th Ave. N., Suite 300, Nashville 37219. |
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| 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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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 2011 Tennessee Bar Association
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