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| Wednesday, January 19, 2011 |
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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
00 - TN Court of Appeals
02 - TN Court of Criminal Appeals
03 - 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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CALVIN FLEMING v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
James E. Thomas, Memphis, Tennessee, for the Petitioner-Appellant, Calvin Fleming.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Tyler R. Burchyett, Assistant
District Attorney General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
The Petitioner, Calvin Fleming, appeals from the Tipton County Circuit Court's denial of post-conviction relief from his conviction for attempted first degree murder. On appeal, the
Petitioner argues that trial counsel was ineffective in failing to obtain a mental evaluation and in failing to inform the trial court of the absence of the mental evaluation at trial. He also
argues that trial counsel was ineffective in failing to object to the State's introduction of the victim's medical records on the basis that they violated his Sixth Amendment right to confront witnesses against him and that appellate counsel was ineffective in failing to raise the confrontation issue on appeal. Upon review, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/flemingc_011911.pdf
STATE OF TENNESSEE v. HENRY SPRINGER
Court: TCCA
Attorneys:
Clifford K. McGown, Jr., (on appeal), Waverly, Tennessee; George M. Googe, District Public Defender; Paul Meyers, Assistant Public Defender, (at trial), Jackson, Tennessee, for
the Defendant-Appellant, Henry Springer.
Robert E. Cooper, Jr., Attorney General and Reporter; Brian C. Johnson, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Jim Thompson, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
The Defendant-Appellant, Henry Springer, was convicted by a Madison County jury of aggravated robbery, a Class B felony. He was sentenced as a standard offender to twelve years in the Tennessee Department of Correction. On appeal, Springer claims the evidence was insufficient because it did not identify him as the perpetrator. Upon review, we affirm
the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/springerh_011911.pdf
Drug Court Treatment Programs
TN Attorney General Opinions
Date: 2011-01-19
Opinion Number: 11-10
http://www.tba2.org/tba_files/AG/2011/ag_11_10.pdf
Federal and State Law for Reburial and Display of Native American Remains and Artifacts
TN Attorney General Opinions
Date: 2011-01-19
Opinion Number: 11-8
http://www.tba2.org/tba_files/AG/2011/ag_11_8.pdf
Confidentiality of Orders of Protection
TN Attorney General Opinions
Date: 2011-01-19
Opinion Number: 11-9
http://www.tba2.org/tba_files/AG/2011/ag_11_9.pdf
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| TODAY'S NEWS |
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Legal News
Tenn. Government
Career Opportunities
Upcoming
TBA Member Services
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| Legal News |
| Weirich sworn in as DA |
Veteran prosecutor Amy Weirich was sworn in yesterday as Shelby County District Attorney General by Criminal Court Judge Bobby Carter. She succeeds Bill Gibbons, who has taken a post in the Haslam administration. Weirich is the first woman to be the county's top prosecutor. Governor Haslam will swear her in at a formal public ceremony on Jan. 27 at 4:30 p.m. in the Memphis City Council Chambers.
The Commercial Appeal reports
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Read about Weirich's plans in the Memphis Daily News
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| DOJ creates office of prosecutor misconduct |
| U.S. Attorney General Eric Holder's chief of staff Kevin Ohlson will head a new Justice Department unit that will decide on discipline in cases of serious misconduct by career lawyers. The new Professional Misconduct Review Unit is designed to expedite cases of intentional or reckless professional misconduct and provide consistent and fair resolutions. Ohlson served as director of the Executive Office for Immigration Review and as an assistant U.S. attorney before joining Holder's office.
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Tri-Cities.com has this AP story
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| Wamp opens consulting firm |
| Former U.S. Rep. Zach Wamp has opened Zach Wamp Consulting with offices in Chattanooga, Oak Ridge and Washington, D.C. Wamp will begin operations with two clients -- both national companies with federal contracts and operations in Oak Ridge. Wamp, who served in Congress for 16 years, said the company will focus on the energy, defense and transportation industries.
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Read more in the Oak Ridger
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| Blount County Bar elects officers |
| The Blount County Bar Association has elected new officers for 2011. They are: President Melanie E. Davis of Kizer & Black; Vice President Nicholas A. Black of Ralls & Wooten; Secretary Stephen S. Ogle, the Blount County Clerk and Master; and Treasurer Donald B. Crane. All are from Maryville.
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| Lawyer calls for end to immigration program |
| Citing public interest and the rights of the Hispanic community, Nashville lawyer Elliott Ozment is calling on the Davidson County sheriff to stop participating in a federal program that allows local law enforcement to check the immigration status of any inmate suspected of being foreign born. Ozment filed an injunction in Chancery Court on Tuesday.
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Learn more about the issue in the Tennessean
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| Tenn. Government |
| Haslam orders regulation freeze |
| Gov. Bill Haslam today ordered a 45-day freeze in new state regulations while the administration reviews the operations of state government. Haslam said the review would be conducted by his commissioners with the assistance of outside business executives and others.
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The Nashville City Paper reports
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| Haslam places investments in blind trust |
| Governor Bill Haslam released a statement yesterday that he has placed all of his investments -- except for a real estate investment outside the state and his stake in Pilot Corporation -- in a blind trust to be managed by Waller, Landsen, Dortch and Davis attorney Bo Campbell.
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Nashville Public Radio has more
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| Interim education commissioner named |
| Tennessee Gov. Bill Haslam named Patrick Smith, executive director of the state's Race to the Top oversight team, as interim state education commissioner while a national search for a permanent commissioner is undertaken. |
The Memphis Daily News reports
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| Career Opportunities |
| Insurance company seeks general counsel |
| Permanent General Companies Inc. -- a multi-state non-standard automobile insurance provider -- is seeking a corporate general counsel to oversee the company's legal, compliance and regulatory interests. The Nashville-based position also is responsible for managing the legal department and staff counsel. Qualified applicants must have at least five to 10 years of experience in a similar role, with specific legal knowledge in the area of corporate governance and the P&C industry. Litigation and negotiations skills are preferred. Apply online at www.pgac.com
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Learn more on JobLink
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| Upcoming |
| Reminder: Send off for Shearon tomorrow |
| 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. A special presentation of a book of memories will be made from 5:15 to 5:30 p.m. Those interested in contributing to the book should email notes to Teresa.Seibert@cletn.com. |
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| TBA Member Services |
| First Tennessee is TBA's preferred provider |
| First Tennessee has crafted a package of discounts to meet the specific needs of Tennessee Bar Association members. |
Find savings on merchant credit services, checking and savings, financial planning and 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.
© Copyright 2011 Tennessee Bar Association
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