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| Wednesday, February 09, 2011 |
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Reminder: Deadline to apply for court is Friday
The deadline to apply for a vacancy in the 5th Judicial District Circuit Court is this Friday, Feb. 11. The vacancy resulted from the retirement of Blount County Circuit Court Judge W. Dale Young. Applicants interested in the post must be attorneys who are at least 30 years of age, a resident of the state for five years and a resident of their circuit or district for one year. Applications must be received by the Administrative Office of the Courts by 12 noon Central time.
Learn more on the AOC website
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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.
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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
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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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RYNE W. BROWN v. CATHERINE L. BROWN, Trustee, ET AL.
Court: TCA
Attorneys:
Kevin A. Snider, Germantown, Tennessee, for the appellant, Ryne W. Brown.
Lynn W. Thompson and G. Patrick Arnoult, Memphis, Tennessee, for the appellees, Catherine L. Brown, as Trustee and Individually, Cathleen Lucille Brown Sibley, Graham
W. Sibley, Hilary E. Sibley Murphy, Ashley Mills Sibley, and Alexander Mills Sibley.
Judge: STAFFORD
Appellant contends that he is a beneficiary of a trust created by his parents and thus entitled to distributions of principal and income. In a declaratory judgment action, the trial court
determined that Appellant was not entitled to mandatory distributions of income or principal until both of his parents were deceased. We affirm this portion of the trial court's judgment. The trial court also determined that no corporate trustee was required. We reverse this portion of the trial court's judgment and remand for the appointment of a corporate trustee.
http://www.tba2.org/tba_files/TCA/2011/brownr_020911.pdf
STATE OF TENNESSEE v. ANDREW COLIN HICKS
Court: TCCA
Attorneys:
Charles W. Gilchrist, Jr., Memphis, Tennessee, for the appellant, Andrew Colin Hicks.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; and Betsy Lynn Carnesale,
Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
The Defendant, Andrew Colin Hicks, appeals as of right from the trial court"s denial of judicial diversion following his guilty plea to facilitation of attempted aggravated arson, a
Class C felony. Following a sentencing hearing, the trial court imposed a sentence of three years probation. The Defendant contends that the trial court erred by denying his application
for judicial diversion. Following our review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/hicksa_020911.pdf
STATE OF TENNESSEE v. WILLIE LONG, JR.
Court: TCCA
Attorneys:
Gregory D. Gookin (on appeal) and Jeff Mueller (at trial), Jackson, Tennessee, for the appellant, Willie Long, Jr.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; James G. Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee.
Judge: OGLE
A Madison County Circuit Court Jury convicted the appellant, Willie Long, Jr., of two counts of the sale or delivery of a Schedule I drug and one count of simple possession/casual
exchange of a Schedule I drug. The trial court imposed a total effective sentence of eleven years in the Tennessee Department of Correction (TDOC) and ordered the appellant to serve eleven months and twenty-nine days of his felony sentences in the county jail "day for day" prior to being released on community corrections. On appeal, the appellant argues that the evidence adduced at trial was insufficient to sustain his convictions, that the trial court erred in enhancing the appellant's felony sentences to eleven years, and that the trial court erred in ordering the appellant to serve eleven months and twenty-nine days of his felony sentences
in the county jail "day for day." The State concedes that the trial court erred in imposing "day for day" confinement in the county jail but argues the judgments should be affirmed in
all other respects. Upon review, we affirm the appellant's convictions and the length of the sentences imposed but remand for a correction of the judgments to provide that the appellant is entitled to earn good conduct credits while serving eleven months and twenty-nine days of his felony sentences in jail.
http://www.tba2.org/tba_files/TCCA/2011/longw_020911.pdf
STATE OF TENNESSEE v. BENNIE E. MASSEY
Court: TCCA
Attorneys:
Roger E. Nell, Clarksville, Tennessee (on appeal), Sarah R. King Clarksville, Tennessee (on appeal) and Collier W. Goodlett, Clarksville, Tennessee (at trial) for the appellant, Bennie E. Massey.
Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; John W. Carney, Jr., District Attorney General; and John Finklea, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
Following a Montgomery County bench trial, the Defendant, Bennie E. Massey, was convicted of five counts of sexual battery by an authority figure, a Class C felony, and
sentenced to six years, to be served on probation. The trial court also ordered the Defendant to serve forty-eight hours in jail every two weeks for the first year of his sentence. On
appeal, the Defendant contends that the evidence is insufficient to support his convictions because the evidence presented by the State is based solely upon the victims' testimony and those victims, he asserts, are accomplices to the sexual battery in that they consented to the unlawful touching. Further, he asserts that the trial court improperly imposed consecutive sentencing. After a thorough review of the record and applicable law, we conclude that the
victims were not accomplices, in that their consent was coerced by the Defendant, and that the evidence, therefore, supports the Defendant's convictions. We further conclude that the trial court properly sentenced the Defendant. As such, we affirm the trial court's judgments.
http://www.tba2.org/tba_files/TCCA/2011/masseyb_020911.pdf
STATE OF TENNESSEE v. JAMIE W. STANFILL
Court: TCCA
Attorneys:
David Collins (at trial), Nashville, Tennessee; and John Chadwick Long (on appeal), Hendersonville, Tennessee, for the Appellant, Jamie W. Stanfill.
David Collins (at trial), Nashville, Tennessee; and John Chadwick Long (on appeal), Hendersonville, Tennessee, for the Appellant, Jamie W. Stanfill.
Judge: WEDEMEYER
The Defendant, Jamie W. Stanfill, pled guilty to three counts of theft of property between $10,000 and $60,000, Class C felonies; one count of theft of property between $1000 and
$10,000, a Class D felony; and five counts of burglary of a motor vehicle, Class E felonies. The Defendant agreed to a ten-year sentence, with the trial court to determine the manner of service of his sentence. After a hearing, the trial court ordered him to serve his sentence in confinement. The Defendant appeals, contending the trial court improperly denied his request for an alternative sentence. After a thorough review of the record and applicable law, we affirm the trial court's judgments.
http://www.tba2.org/tba_files/TCCA/2011/stanfillj_020911.pdf
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| TODAY'S NEWS |
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Legal News
General Assembly News
Upcoming
Career Opportunities
Disciplinary Actions
TBA Member Services
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| Legal News |
| Bass Berry holds 'Salute to African Americans' |
| Bass, Berry & Sims PLC recently held its third annual Salute to African-American Executives & Emerging Leaders honoring the contributions made by African-American executives and community leaders in Middle Tennessee. John Lewis Jr., litigation manager with the Coca-Cola Company in Atlanta, served as the event's keynote speaker. As has been its tradition, Bass, Berry & Sims again presented scholarships totaling $5,000 to two Fisk University students intending to pursue a career in the law.
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Read more from the firm
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| Former commissioners Farr, Kisber join Nashville firm |
| Former state Department of Revenue Commissioner Reagan Farr and former Department of Economic and Community Development Commissioner Matt Kisber have joined the Nashville office of Lattimore Black Morgan & Cain.
The two are now of counsel, serving in an advisory role in the areas of economic development, incentives and state and local taxes. |
NashvillePost.com has more
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| Nashville company, 5 men indicted on arms charges |
| Jerry E. Martin, U.S. Attorney for the Middle District of Tennessee, announced yesterday that five individuals and a Nashville firearms manufacturer were indicted on charges relating to international firearms and trafficking. Guy Savage, owner of the Nashville-based arms manufacturer Sabre Defence Industries LLC, was arrested in the United Kingdom. The remaining defendants -- Charles Shearon of Ashland City, Elmer Hill of Brentwood, Michael Curlett of Hermitage and Arnold See of Antioch -- will receive a summons to appear in U.S. District Court in Nashville.
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Download a press release from the U.S. attorney's office
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| ABA launches new website |
| The American Bar Association announced this week that it has re-launched its website. According to the association, the new site features improved organization, more appealing page design and easier navigation. In addition, ABA staff email addresses have changed. They will now follow the format of john.smith@americanbar.org.
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Check out the site here
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| Montgomery Bar elects officers |
| The Montgomery County Bar Association has elected new officers for 2011. They are:
President Julia North with Rassas, North & Associates; Vice President and President-elect
Erin Poland with the Law Office of William H. Poland; and Secretary/Treasurer Stanley Ross
with Harvill Ross Hogan & Ragland. All practice in Clarksville.
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| Federal Bar chapters elect officers |
The Chattanooga Chapter of the Federal Bar Association held its annual meeting on Jan. 21 and elected the following new officers: President Tonya Kennedy Cammon with Grant, Konvalinka & Harrison; President-elect Christopher T. Varner with Gearhiser, Peters, Cavett, Elliott & Cannon; Treasurer Katharine Gardner with the U.S. District Court for the Eastern District of Tennessee; and Secretary Terra Bay, an assistant U.S. attorney. Neil A. Brunetz with Miller & Martin moved into the position of immediate past president.
In Memphis, new officers are: President Michael E. Gabel with Federal Express Corporation; President-elect J. Gregory Grisham with Leitner, Williams, Dooley & Napolitan; Vice President Eric Hudson with Butler Snow O'Mara Stevens & Cannada; Secretary Mary Hale Morris with Burch Porter & Johnson; and Treasurer Craig A. Cowart with Kieswetter Wise Kaplan Prather. Amy Pepke with Butler Snow O'Mara, Stevens & Cannada moved into the position of immediate past president. |
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| General Assembly News |
| Parkinson sworn into office |
| Democratic Rep. Antonio "2 Shay" Parkinson of Memphis has been sworn into the state House of Representatives. He was appointed by the Shelby County Commission to replace longtime Rep. Ulysses Jones Jr., who died in November. The special election to permanently fill the seat is scheduled for March 8. Parkinson, a firefighter, won the Democratic primary last month.
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The Memphis Daily News reports
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| Upcoming |
| Memphis law symposium on tap next week |
| The University of Memphis Law Review is planning the 2011 symposium "Memphis in the Law" for Feb. 11. The event will highlight how Memphis' legal professionals have made an impact on various areas of the law. Individuals interested in speaking or submitting an essay should contact Stephanie Bada, Law Review Symposium editor, at sbada@memphis.edu or (901) 678-4979.
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Visit the symposium website
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| Career Opportunities |
| Counsel on Call seeks executive director |
| Legal employer Counsel On Call is seeking an executive director in its Nashville office. The position is responsible for managing the office, developing new business and fostering client relations. A law degree and at least seven years of experience in a variety of practice settings is required. Candidates also should understand business operations and be active in the Nashville legal community. Interested parties should submit a cover letter and resume to resumes@counseloncall.com.
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More details are on JobLink
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| Disciplinary Actions |
| Greene County lawyer censured |
| The Board of Professional Responsibility publicly censured Greene County lawyer Thomas Wood Smith on Feb. 2 for failure to reasonably communicate with a client, finish a partnership agreement he agreed to draft, file an objection he said he would handle, and promptly return the client's deeds, plats, and surveys after being discharged from representation.
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Download the BPR's notice
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| Bradley County lawyer placed on inactive status |
| On Feb. 4, Bradley County lawyer Sherman Ames III was transferred to disability inactive status. He may not practice law until his license is reinstated. He may petition the Supreme Court for reinstatement on showing by clear and convincing evidence that the disability has been removed and he is fit to resume the practice of law.
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Download the BPR release
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| TBA Member Services |
| Avis benefits 'try harder' |
| TBA members are offered a rental car discount through Avis. Enroll in the Avis Preferred Service at www.avisawards.com to bypass the rental counter and go directly to your car for a faster, easier rental experience. Enter code AWD# A570100.
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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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