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Friday, February 04, 2011

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Decline in trials not just issue for lawyers

The continuing decline in cases going to trial is changing the way lawyers practice, and it is also affecting our society, a Tennessean story says. U.S. District Court for the Middle District of Tennessee Chief Judge Todd Campbell says the trend -- there were only 384 jury trials in state civil courts in Tennessee last year, nearly 1,000 less than a decade ago -- should not only be a concern for lawyers and firms, but also the general public. "I'm not part of that new-age, touchy-feely, let's all hug and arbitrate (mindset)," Campbell said. "There's an important social function to people having an open forum to air their grievances in a democracy."

Read more in the Tennessean

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.

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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.

JIMMY N. WHITE, ET AL. v. BRUCE WHITE, ET AL.

Court: TCA

Attorneys:

Carthel L. Smith, Jr., Lexington, Tennessee, for the appellants, Bruce White, et al.

William D. Bowen, Milan, Tennessee, for the appellees, Jimmy N. White, et al.

Judge: HIGHERS

This appeal arises out of the dissolution of a partnership. After several days of trial, the parties reached a settlement agreement. After the partnership property was sold pursuant to the settlement agreement and the proceeds were to be disbursed, one of the defendants claimed that he was entitled to more money than the settlement agreement provided for him to receive. The trial judge denied the request for additional funds. We affirm and remand for the trial court to determine a reasonable and appropriate attorney's fee.

http://www.tba2.org/tba_files/TCA/2011/whitej_020411.pdf

STATE OF TENNESSEE v. CHRISTOPHER COLLINS

Court: TCCA

Attorneys:

Ronald G. Freemon, Columbia, Tennessee, attorney for appellant, Christopher Collins.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Mike Bottoms, District Attorney General; and James G. White, II and Kyle Dodd, Assistant District Attorneys General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The Defendant, Christopher Collins, was indicted by the Lawrence County grand jury on three counts of felony child neglect, a Class E felony. The Defendant waived his right to trial by a jury and was convicted by the trial court of two counts of felony child neglect and one count of misdemeanor child neglect. The Defendant received concurrent sentences of 18 months in the Tennessee Department of Correction for the felony convictions and a concurrent sentence of 11 months and 29 days in the county jail for the misdemeanor conviction. In this appeal as of right, the Defendant contends that the evidence was insufficient to sustain his convictions and that in the alternative, he should have been convicted of attempted child neglect. Following our review, we conclude that there was insufficient evidence to sustain the Defendant's convictions. As there was sufficient evidence to sustain a conviction of attempted child neglect, we reverse and vacate the Defendant's convictions of felony and misdemeanor child neglect and impose two convictions of attempted felony child neglect, a Class A misdemeanor, and one conviction of attempted child neglect, a Class B misdemeanor. The case is remanded for a new sentencing hearing.

http://www.tba2.org/tba_files/TCCA/2011/collinsc_020411.pdf

STATE OF TENNESSEE v. MELVIN L. FINLEY

Court: TCCA

Attorneys:

Adrienne L. Gilliam, Clarksville, Tennessee, for the appellant, Melvin L. Finley.

Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; John W. Carney, District Attorney General; and Arthur Bieber, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Melvin L. Finley, pleaded guilty to one count of aggravated robbery, a Class B felony. See Tenn. Code Ann. section 39-13-402(b). The trial court sentenced the Defendant as a Range I, standard offender to nine years in the Department of Correction. In this direct appeal, the Defendant contends that the trial court erred when it: (1) did not sentence him to the Community Corrections Program; and (2) did not consider his drug addiction as a mitigating factor. After our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/finleym_020411.pdf

SANDRA KAY HEMBREE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

J. Derreck Whitson, Newport, Tennessee, for the appellant, Sandra Kay Hembree.

Robert E. Cooper, Jr., Attorney General; Cameron L. Hyder, Assistant Attorney General; James Dunn, District Attorney General; and W. Brownlow Marsh, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Petitioner, Sandra Kay Hembree, pleaded guilty to second degree murder and especially aggravated robbery. She received two twenty-year sentences, those sentences to be served concurrently at 100%. She now appeals from the Cocke County Circuit Court's order denying post-conviction relief, contending that this denial was error because she received the ineffective assistance of counsel and, consequently, entered her pleas involuntarily and unknowingly. Specifically, she contends that trial counsel failed to interview the State's witnesses, failed to provide her with discovery materials, and failed to meet with her often enough to adequately prepare for trial. Following our review of the record, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2011/hembrees_020411.pdf

STATE OF TENNESSEE v. JONATHAN T. STEWART

Court: TCCA

Attorneys:

Rob McKinney, Nashville, Tennessee, for the appellant, Jonathan T. Stewart.

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Kim R. Helper, District Attorney General; and Kelly Lawrence, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Jonathan T. Stewart, entered a plea of guilty to driving under the influence, first offense. The trial court imposed a sentence of eleven months and twenty-nine days to be suspended to probation after the service of forty-eight hours of confinement. As part of the plea agreement, the Defendant attempted to reserve a certified question of law, challenging the trial court's denial of his motion to suppress the evidence resulting from his traffic stop. Because the Defendant has failed to properly certify his issue for review, the appeal is dismissed.

http://www.tba2.org/tba_files/TCCA/2011/stewartj_020411.pdf

TODAY'S NEWS

Legal News
Passages
Disciplinary Actions
TennBarU CLE

Legal News

Attorney elected to lead drug courts group

Attorney Richard Taylor has been selected to serve as president of the Tennessee Association of Drug Court Professionals. Taylor, who has been involved with drug courts since 1999, said he will work to to show "therapeutic courts as cost effective and humane solutions for many of the challenges confronting criminal justice today."

Read more from the Leaf Chronicle

Judicial nomination moves to full senate

Mississippi Supreme Court Justice James Graves won Senate Judiciary Committee approval for a second time Thursday. His nomination to the U.S. Court of Appeals for the Fifth Circuit is now headed for the full Senate, the Memphis Commercial Appeal reports. Committee hearings have not yet been set for U.S. District Judge Bernice B. Donald's nomination to the U.S. Court of Appeals for the Sixth Circuit and Kevin Hunter Sharp's nomination for the federal district court for Middle Tennessee.

Apply now for Knoxville Bar Foundation grant

The deadline to apply for a Knoxville Bar Foundation grant is only one week away. If you have a project that would improve the administration of justice, enhance the public's understanding of and confidence in the legal system, or serve the legal profession, make sure you apply by Friday, Feb. 11. Contact Knoxville Bar Foundation Chair Thomas M. Hale to learn more or

visit the Knoxville Bar web site

It's wedding day in Nashville

Since it is Friday, that means it is wedding day at the Davidson County Clerk's office. The demand for people wanting to get married has grown so much that Davidson County Clerk John Arriola set aside the day just for weddings. And many of those getting married are immigrants, who are benefiting from a recent attorney general's opinion that allows clerks to perform wedding ceremonies to prospective brides and grooms even if they don't present a social security number. The requirement had been a roadblock for many.

Get the full story from Nashville Public Radio

Memphis lawyer drawn to law's unique role

Memphis lawyer Lang Wiseman was the first person in his family to go to college. He now is the founding partner of Wiseman Bray PLLC. Wiseman is fascinated with the law and its relationship to history and politics, and has put that interest into practice, working for political campaigns, the U.S. Senate and serving as chair of the local Republican Party. In thinking about the profession, Wiseman points to its unique position of influence over so many human endeavors: "The law kind of sets the table for everything we want to do, whether we like it or not," he says.

The Memphis Daily News has this profile of Wiseman

Passages

Former Vanderbilt law professor dies

Former Vanderbilt law professor Charles O. Galvin died Jan. 27 at the age of 91. Professor Galvin earned law and master of business degrees from Northwestern University and a doctorate in the science of law from Harvard. He served as the Centennial Professor of Law at Vanderbilt from 1983 to 1990, and thereafter as professor emeritus. He also served as executive in residence at the school from 1990 to 1994. Professor Galvin taught at a variety of other law schools, including Southern Methodist University, where he was dean. He went on to practice law in Dallas with two firms. Memorials may be made to Catholic Charities of Dallas, 9461 LBJ Freeway #128, Dallas 75243; Notre Dame School of Dallas, 2108 Allen St., Dallas 75204; or to a charity of choice.

Read his obituary in the Dallas Morning News

Shelbyville lawyer dies

Shelbyville lawyer Wendell T. Rowland died Jan. 20 after a brief illness. He was 74. Mr. Rowland earned his law degree from the University of Tennessee College of Law in 1971. During his 40 plus years as a lawyer, he practiced in Chattanooga, Murfreesboro and Shelbyville. In 2010, he was named a senior counselor of the Tennessee Bar Association. Memorials may be made to St. Paul United Methodist Church, 4432 Hwy. 41-A North, Rockvale 37153.

Read his obituary in the Daily News Journal

Disciplinary Actions

Memphis lawyer reinstated

Memphis lawyer Jessica Anne Speer Neal was reinstated to the practice of law in Tennessee on Jan. 31, after complying with requirements for continuing legal education. She had been suspended on Aug. 31, 2009, for failing to meet 2008 CLE requirements.

Nashville lawyer suspended

Nashville lawyer Matthew Fort Mayo was summarily and temporarily suspended on Jan. 31 for failing to respond to a complaint of misconduct.

Read the BPR notice

Anderson County lawyer suspended

On Jan. 31, the Supreme Court of Tennessee summarily and temporarily suspended Anderson County lawyer Michael W. Ritter for failing to respond to a complaint of misconduct.