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| Tuesday, January 25, 2011 |
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Six justices expected at 'State of the Union' tonight
Six U.S. Supreme Court justices are expected to attend tonight's State of the Union speech, but a court spokesperson would not confirm which ones. Speculation is that Chief Justice John Roberts and justices Anthony Kennedy, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayo will be there. Justice Samuel Alito, now famous for mouthing the words, "Not true," in response to President Barack Obama's characterization of Citizens United v. FEC during last year's address, will be about as far away as possible and still be in the United States tonight. He is in Hawaii giving a speech to the Hawaii Bar Association. Read more in the
Blog of Legal Times.
The State of the Union is at 8 p.m. Central time. This year the event can be seen live-streaming on the White House's web site,
www.whitehouse.gov,
as well as through a new White House app for Apple's iPhone and iPod touch.
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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.
01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
05 - 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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STATE OF TENNESSEE v. GENARO DORANTES
Court: TSC
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball and John H. Bledsoe, Assistant Attorneys General; Victor S. Johnson, III, District Attorney General;
Katrin N. Miller and Brian Holmgren, Assistant District Attorneys General, for the appellant, State of Tennessee.
Jeffery Allen Devasher (on appeal), Nashville, Tennessee, and Amy D. Harwell and Ross Alderman (at trial), Nashville, Tennessee, for the appellee, Genaro Dorantes.
Judge: WADE
The defendant, who was extradited from Mexico to face charges for aggravated child abuse and felony murder by aggravated child abuse, was convicted for each offense. The trial court imposed sentences of twenty-two years and life, respectively, to be served consecutively. The Court of Criminal Appeals reversed the conviction for aggravated child abuse, finding the evidence to be insufficient, but upheld the felony murder conviction. This Court granted applications for permission to appeal by both the State and the defendant. Because the circumstantial evidence was sufficient to support the convictions for both aggravated child abuse and felony murder, the judgment of the Court of Criminal Appeals is reversed in part and affirmed in part. More specifically, the conviction for felony murder is affirmed, and the conviction for aggravated child abuse is reinstated. No other issues warrant the grant of a new trial on either offense. The sentences imposed by the trial court for each of the two
offenses are affirmed.
http://www.tba2.org/tba_files/TSC/2011/dorantesg_012511.pdf
ERDA M. GONZALEZ v. NEFTALI GONZALEZ
Court: TCA
Attorneys:
Mark Robert Olson, Clarksville, Tennessee, for the appellant, Neftali Gonzalez.
Erda M. Gonzales, Clarksville, Tennessee, Pro Se.
Judge: BENNETT
Mr. Gonzalez filed a petition to alter his final divorce decree, alleging that the decree violates federal law by allowing the wife to receive more than 50% of his military retirement. The
trial court denied relief. Mr. Gonzalez appealed. We affirm, holding that federal law does not limit Tennessee trial courts to awarding a maximum of 50% of a former service member's retirement to the ex-spouse.
http://www.tba2.org/tba_files/TCA/2011/gonzaleze_012511.pdf
STATE OF TENNESSEE v. THOMAS MILTON CARVER, III
Court: TCCA
Attorneys:
George Morton Googe, District Public Defender, and Paul E. Meyers, Assistant Public Defender, for the appellant, Thomas Milton Carver, III.
Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Benjamin C. Mayo, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The defendant, Thomas Milton Carver, III, was convicted by a Madison County jury of aggravated assault, a Class C felony, and sentenced as a Range II, multiple offender to ten
years in the Department of Correction. On appeal, he raises two issues for our review: (1) whether the trial court erred in charging the jury with a flight instruction; and (2) whether the
trial court erred by sentencing the defendant as a Range II offender. Following review of the record, we conclude no error exists and affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/carvert_012511.pdf
STATE OF TENNESSEE v. DEADRICK EUGENE GARRETT
Court: TCCA
Attorneys:
Christopher M. Rodgers, Knoxville, Tennessee, for the appellant, Deadrick Eugene Garrett.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leslie Nassios, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
A Knox County Criminal Court jury convicted the defendant, Deadrick Eugene Garrett, of first degree premeditated murder in the shooting death of Dyishun Foust, and the trial court imposed a sentence of life imprisonment with the possibility of parole. In this appeal, the defendant challenges the sufficiency of the convicting evidence. Discerning no error, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/garrettd_012511.pdf
RICKY LYNN HILL V. TONY PARKER, WARDEN
Court: TCCA
Attorneys:
Ricky Lynn Hill, Pro Se, Tiptonville, Tennessee.
Robert E. Cooper, Jr., Attorney General and Reporter, Cameron L. Hyder, Assistant Attorney General; and Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
Petitioner, Ricky Lynn Hill, appeals the Lake County Circuit Court's dismissal of his petition for writ of habeas corpus. Petitioner pled guilty to vehicular assault, driving under the
influence ("DUI") fifth offense, attempted tampering with evidence, and leaving the scene of an accident. Pursuant to the plea agreement, Petitioner was sentenced to an effective
sentence of seven years, eleven months, and twenty-nine days and released to intensive probation. Petitioner filed a petition for writ of habeas corpus in which he argued that his
guilty pleas were involuntary, that his convictions violated double jeopardy, and that his sentence was excessive. The habeas corpus court denied relief for failure to comply with the habeas corpus statute and for failure to state a cognizable claim for relief. Following review of the record, we affirm the denial of habeas corpus relief.
http://www.tba2.org/tba_files/TCCA/2011/hillr_012511.pdf
STATE OF TENNESSEE v. DARRIN MOSBY
With Concurring and Dissenting Opinion
Court: TCCA
Attorneys:
Robert Wilson Jones, District Public Defender, and Phyllis Aluko and William Yonkowski, Assistant Public Defenders, for the appellant, Darrin Mosby.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; and Pamela Fleming, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The defendant, Darrin Mosby, pled guilty in the Shelby County Criminal Court to two counts of carjacking, a Class B felony. Following a sentencing hearing, the trial court sentenced the
defendant to concurrent ten-year sentences, to be served in the Tennessee Department of Correction. On appeal, the defendant challenges the imposed sentences, specifically
contending that: (1) the term of ten years is excessive in light of the trial court's misapplication of an enhancement factor and failure to consider mitigating factors; and (2) the court erred in ordering the sentences be served in confinement. Following a review of the record, we remand the case to the trial court for reconsideration based upon this opinion.
http://www.tba2.org/tba_files/TCCA/2011/mosbyd_012511.pdf
WOODALL concurring in part and dissenting in part
http://www.tba2.org/tba_files/TCCA/2011/mosbyd_CON_012511.pdf
STATE OF TENNESSEE v. MARK PATTON
Court: TCCA
Attorneys:
F. Chris Cawood, Kingston, Tennessee, for the Appellant, Mark Patton.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; and Russell Johnson, District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
In this interlocutory appeal, the appellant, Mark Patton, appeals the Roane County Criminal Court's denial of his motion to dismiss a three-count indictment against him. The appellant claims that he is immune from prosecution pursuant to Tennessee Code Annotated section 8-47-107 because the State compelled him to testify about matters related to the indictment at a proceeding to oust him as Roane County Constable. Upon review of the record and the parties' briefs, we reverse the order of the trial court and dismiss the indictment.
http://www.tba2.org/tba_files/TCCA/2011/pattonm_012511.pdf
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| TODAY'S NEWS |
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Legal News
Career Opportunities
Disciplinary Actions
TBA Member Services
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| Legal News |
| Fred Thompson to lobby for trial lawyers |
| Former U.S. Sen. Fred Thompson will join the Tennessee Association for Justice as a lobbyist this legislative session, according to NashvillePost.com sources.
Thompson will join his son, Tony Thompson, and other lobbyists for the group formerly known as the Tennessee Trial Lawyers Association.
"With Thompson and his bonafide Republican credentials now on board with the trial lawyers," the publication writes, "the debate over tort reform and other issues related to the legal community will be markedly different than expected." |
Read the story in the NashvillePost [subscription required]
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| Democracy still strong, even in economic crises |
| A recent survey by Vanderbilt University shows that despite one of the worst worldwide economic crises in the past half-century, support for democracy among those in Latin America and the Caribbean has not been eroded.
The survey also found democratic attitudes and values generally remained strong in the Americas, with almost 60 percent of respondents indicating they are satisfied or very satisfied "with the way democracy is working in their countries."
"We found that in spite of the enormous economic crisis, Latin Americans remain committed to democracy," said Mitchell A. Seligson, Vanderbilt University Centennial Professor of Political Science and director of the Latin American Public Opinion Project. |
Learn more about it from Vanderbilt
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| Nonprofit group helping immigrants know their rights |
| Immigrants who are not getting paid what they are owed or are threatened by employers are seeking help from the federal courts more, thanks to a relatively new nonprofit. The Workers Dignity Project started last year in Nashville with the goal of educating immigrants of their workplace rights and empowering them to collect unpaid wages through direct contact with employers, demonstrations and litigation if necessary. "Employers bring (immigration status) up to intimidate people and make them afraid to come forward," said Chuck Yezbak, a Nashville attorney representing foreign-born workers in Middle Tennessee alleging wage theft. |
The Tennessean has the story
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| Editorial: Don't politicize legal offices |
| In an editorial, the Times Free-Press commends Tennessee Attorney General
Robert E. Cooper Jr. for having "correctly followed the state's long-standing tradition of avoiding intrusion and the use of the state's resources in other states' legal battles, like Arizona's highly politicized immigration bill." The paper says that the current push to turn that office into an elected position is a purely political move.
Also citing Cooper's resistance to enter the anti-health-care movement, it says that
"given the highly charged political foment surrounding both laws, his views seem well-founded." The paper says that Tennessee should keep its "nonpartisan judiciary" and appointed attorney general. |
Read the editorial
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| Career Opportunities |
| IP attorney needed in Memphis |
| Counsel On Call seeks an intellectual property attorney to work on a limited
contract basis for a Memphis-based flexible packaging company. The position
will help the company's legal and R&D departments identify and protect the
intellectual property generated by the business. Applicants should have a
background in engineering, mechanics and manufacturing commonly used in the
packaging and printing industries. Experience working with the FDA and food
product packing is a plus. Interested candidates should submit a resume and
cover letter to jay.brenner@counseloncall.com.
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Learn more about the position on JobLink
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| Disciplinary Actions |
| 7 lawyers censured |
| Seven lawyers were recently censured by the Board of Professional Responsibility of the Tennessee Supreme Court. They are:
Maryville lawyer
Charles M. Clifford;
Morgan County lawyer
Randy K. Miller;
Monroe County lawyer
Joseph H. Crabtree Jr.;
Nashville lawyer
George H. Thompson;
Columbia lawyer
William Clark Barnes Jr.;
and Memphis lawyers
Jamshid B. Naini
and
William T. Winchester.
A public censure is a rebuke and warning, but does not affect the attorney's ability to practice law.
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| TBA Member Services |
| CompuPay offers deals for TBA members |
| CompuPay is proud to serve as the official payroll services provider for the Tennessee Bar Association. To serve Tennessee attorneys the company is offering two months of free payroll processing for all TBA members and waiving set up fees for members with up to 99 employees. |
Learn more about CompuPay's benefits
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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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