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| Monday, March 28, 2011 |
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Corporate counsel honored at Pro Bono Gala
Bass, Berry & Sims PLC and AutoZone were recognized for their commitment to providing free legal services to the poor at the 5th Annual Corporate Counsel Pro Bono Gala Saturday evening in Nashville. Two individuals were recognized for their leadership in the Corporate Counsel Pro Bono Initiative. For the last five years, Memphis lawyers Jim Barry with International Paper and Andy Branham with Counsel on Call have coordinated the program and helped raise more than $200,000 for pro bono activities.
The event featured remarks by Tennessee Supreme Court Chief Justice Connie Clark and Nashville Mayor Karl Dean. The Pro Bono Initiative is a partnership between the Tennessee Bar Association and the Association of Corporate Counsel that encourages and supports pro bono activities by lawyers serving as in-house and corporate counsel in the state.
See pictures from the event on TBAConnect
Learn more about the winners
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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
04 - TN Court of Criminal Appeals
06 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
03 - TN Supreme Court - Disciplinary Orders
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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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2011/certlist_032811.pdf
LUCAS F. McCOMBS v. ANNA M. DAVIDSON
Court: TCA
Attorneys:
Brett D. Stokes, Knoxville, Tennessee, Pro se Appellant/Intervenor.
Patricia Donice Butler Kinsey, Harriman, Tennessee, for the Appellee, Anna M. Davidson.
Tom McFarland, Kingston, Tennessee, for the Appellee, Lucas F. McCombs.
Spence Roberts Bruner, Harriman, Tennessee, for the Appellee/Intervenors, Robert McCombs and Susan McCombs.
Judge: SWINEY
Attorney Brett D. Stokes sought to enforce an attorney's lien and the Trial Court entered an order in November of 2010 granting Attorney Stokes summary judgment and awarding him
attorney's fees, among other things. Subsequently, Lucas F. McCombs filed a motion to set aside the order granting summary judgment. The Trial Court entered an order on December 20, 2010, inter alia, setting aside the order granting summary judgment, and reserving for later hearing the issues of costs and attorneys fees. We dismiss this appeal for lack of a final judgment.
http://www.tba2.org/tba_files/TCA/2011/mccombsl_032811.pdf
GEORGE FRANKLIN v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
George Franklin, Whiteville, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; William L. Gibbons, District Attorney General; and Marlinee C. Iverson, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The pro se petitioner, George Franklin, appeals the post-
conviction court's dismissal of his petition for post-conviction relief as time-barred. The State acknowledges on appeal that the petition was timely filed because the petitioner delivered it to the appropriate prison official for mailing within the one-year statute of limitations. We agree. Accordingly, we reverse the judgment of the post-conviction court and remand for consideration of the petition.
http://www.tba2.org/tba_files/TCCA/2011/frankling_032811.pdf
JERRY WAYNE LANKFORD v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Charles W. Pope, Jr., Athens, Tennessee, for the Defendant-Appellant, Jerry Wayne Lankford.
Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; Robert Steve Bebb, District Attorney General; and Andre Freiberg,
Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
The petitioner, Jerry Wayne Lankford, appeals the denial of his petition for post-conviction relief. He was convicted by a McMinn County jury of aggravated burglary, a Class C felony,
and theft of property over $1,000, a Class D felony. State v. Lankford, 298 S.W.3d 176, 178 (Tenn. Crim. App. 2008). The petitioner was sentenced as a Range III, persistent offender
to twelve years for aggravated burglary and ten years for theft of property, to be served consecutively, for an effective sentence of twenty-two years in the Tennessee Department
of Correction. Id. On appeal, the petitioner claims he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/lankfordj_032811.pdf
KENDRICK D. RIVERS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
George Morton Googe, District Public Defender, and Gregory D. Gookin, Assistant Public Defender, for the appellant, Kendrick D. Rivers.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The petitioner, Kendrick D. Rivers, appeals the Madison County Circuit Court's denial of his petition for post-
conviction relief. The petitioner was convicted of possession of cocaine with intent to sell, resisting arrest, evading arrest, and criminal trespass. Following a sentencing hearing, he was sentenced to serve an effective term of twelve years in the
Department of Correction. On appeal, the petitioner asserts that he was denied his right to the effective assistance of counsel, specifically arguing that trial counsel was ineffective for failing to meet with the petitioner a sufficient number of times and to properly investigate the case. Following review of the record, we find no error and affirm the denial of post-conviction relief.
http://www.tba2.org/tba_files/TCCA/2011/riversk_032811.pdf
MICHAEL WARE v. HENRY STEWARD, WARDEN
Court: TCCA
Attorneys:
Michael Ware, Henning, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; and Cameron L. Hyder, Assistant Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The pro se petitioner, Michael Ware, appeals the dismissal of his petition for writ of habeas corpus. Following our review, we affirm the order of the habeas corpus court dismissing the
petition.
http://www.tba2.org/tba_files/TCCA/2011/warem_032811.pdf
Controlled Substance Database
TN Attorney General Opinions
Date: 2011-03-28
Opinion Number: 11-24
http://www.tba2.org/tba_files/AG/2011/ag_11_24.pdf
Mental Health Parity and Addiction Equity Act of 2008
TN Attorney General Opinions
Date: 2011-03-28
Opinion Number: 11-25
http://www.tba2.org/tba_files/AG/2011/ag_11_25.pdf
Vocational Rehabilitation Services Comparable Benefits Requirement
TN Attorney General Opinions
Date: 2011-03-28
Opinion Number: 11-26
http://www.tba2.org/tba_files/AG/2011/ag_11_26.pdf
Setting Tax Rates for Special School Districts
TN Attorney General Opinions
Date: 2011-03-28
Opinion Number: 11-27
http://www.tba2.org/tba_files/AG/2011/ag_11_27.pdf
Applicability of Tennessee Law to Synthetic Forms of LSD and Cocaine
TN Attorney General Opinions
Date: 2011-03-28
Opinion Number: 11-28
http://www.tba2.org/tba_files/AG/2011/ag_11_28.pdf
Organization of the Clarksville Electric Power Board
TN Attorney General Opinions
Date: 2011-03-28
Opinion Number: 11-29
http://www.tba2.org/tba_files/AG/2011/ag_11_29.pdf
IN RE: SPENCE ROBERTS BRUNER, BPR 019056
Court: TSC-Disciplinary Order
Judge: CLARK
Suspension
http://www.tba2.org/tba_files/TSC/2011/brunerr_032511.pdf
IN RE: RICHARD L. DUNLAP, III, BPR 007830
Court: TSC-Disciplinary Order
Judge: CLARK
Censure
http://www.tba2.org/tba_files/TSC/2011/dunlapr_032511.pdf
IN RE: DONRUA BARNES-HULSEY, BPR 019437
Court: TSC-Disciplinary Order
Judge: CLARK
Suspension
http://www.tba2.org/tba_files/TSC/2011/hulseyd_032511.pdf
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| TODAY'S NEWS |
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Legal News
General Assembly News
Tenn. Government
Disciplinary Actions
TennBarU CLE
Upcoming
TBA Member Services
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| Legal News |
| Anger at 'racist' justice system led to shootings, letters show |
| The Atlanta courthouse gunman of March 2005 said in letters that he escaped from guards and then killed four people in a shooting rampage to fight back against what he believed was a racist justice system, according to documents obtained by The Associated Press. While awaiting trial on rape charges, Brian Nichols overpowered a guard at the Fulton County Courthouse and fatally shot a judge, court reporter, deputy and federal agent. He was sentenced to life in prison without parole in December 2008. |
The News Sentinel has this AP story
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| Judges yank bonding company privileges |
| Shelby County Criminal Court judges have taken away the ability of Nationwide Bail Bonding to write bail bonds. The company's latest owner, Geraldine Galloway, was convicted in a money-laundering scheme involving drug kingpin Craig Petties. The 10 judges said in a recent order that the owners of the firm have misled the courts since the company was first approved to do business in 1999 and called the operation by Galloway and her relatives "a sham and a farce." |
Read more from the Commercial Appeal
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| Drug court offers up 'tough love' some say is too tough |
| A drug court program in Glynn County, Georgia, is run differently from every other drug court in the country, Ira Glass reports, "doing some things that are contrary to the very philosophy of drug court, as well as the guidelines of the National Association of Drug Court Professionals." This can create a backlash for people in Superior Court Judge Amanda Williams' court when those with offenses that would get minimal or no sentences elsewhere sometimes end up in the system five to 10 years. And don't question her authority or the results of the drug screenings -- or more time will be added to the sentence, the story says. |
Listen to This American Life on npr.org
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| Yale adds stress-reduction therapy dog to library choices |
| A pilot program at the Yale University Law Library adds another benefit to going to the library: students can check out Monty -- a 21-pound "certified library therapy dog" who provides 30-minute sessions of what ABCNews
describes as "unconditional, stress-busting puppy love." |
Ohmidog.com has the story
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| Willie Nelson to sing for his drug possession crime |
| A West Texas prosecutor says that singer Willie Nelson can resolve marijuana possession charges if he agrees to plead guilty, pay a fine and sing "Blue Eyes Crying in the Rain" for the court. |
The Statesman has the story
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| General Assembly News |
| Businesses, docs support tort revision proposal |
| Tennessee business interests and physicians cranked up their lobbying efforts behind Gov. Bill Haslam's tort revision proposal last week. |
WPLN's Jacqueline Fellows and Joe White discuss it
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| Tenn. Government |
| GOP senators work to limit attorney general's powers |
| State Republican senators are working on legislation that would create a new state position -- the solicitor general -- and give that person many of the functions of the attorney general, the state's official lawyer chosen by the Tennessee Supreme Court.
The idea is one of several proposed this year by Republican lawmakers that would redefine the attorney general's office.
Others include a proposal to elect the attorney general and a resolution filed last week that would give the governor the power to appoint the position. |
The Tennessean reports
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| Ramsey launches 'RedTape.com' |
| Senate Speaker Ron Ramsey unveiled a web site today to "help normal, everyday people remove the obstacles government places in the way of job creation."
He promised his office would look into each complaint submitted to TnRedTape.com and try to offer relief from what he called overbearing and oppressive regulations. |
The City Paper reported
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| Disciplinary Actions |
| Paris attorney censured |
| Paris attorney Richard L. Dunlap III was publicly censured by the Tennessee Supreme Court on March 22. He had earlier pleaded guilty to misdemeanor domestic assault, which is a violation of the Rules of Professional Conduct for misconduct.
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Read the court order
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| Clarksville lawyer suspended |
| The Supreme Court of Tennessee on March 22 temporarily suspended Clarksville lawyer Donrua Barnes-Hulsey after finding she had failed to respond to the Board of Professional Responsibility regarding a complaint of misconduct.
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Read the court order
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| Roane County lawyer suspended |
| Roane County lawyer Spence Roberts Bruner was temporarily suspended from the practice of law by the Tennessee Supreme Court on March 25 for failing to substantially comply with his TLAP Monitoring Agreement.
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Read the court order
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| TennBarU CLE |
| Summary judgment after Tractor Supply |
| University of Tennessee College of Law professor and summary judgment expert Judy Cornett teams up with lawyers involved in the Tractor Supply case to bring you guidance on how the decision in that case has affected summary judgment in Tennessee. This is the program to attend if you need to know whether defendants should even bother with motions for summary judgment in employment cases, if plaintiffs should always file their cases in state court and much more. The one-hour webcast starts at noon Central time this Tuesday.
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Find out more or register now
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| Upcoming |
| Vandy hosts film on Mexico's criminal justice system |
| The Vanderbilt Center for Latin American Studies,
La Alianza at Vanderbilt Law School and
Vanderbilt Law School's Criminal Justice Program
present "Presumed Guilty," a documentary about how
Mexico's criminal justice system is ill equipped to deal with the current wave of violent crime, and about how reforms are being implemented across the country.
The showing, with discussion and reception following is
Wednesday at 6 p.m. at the
law school. |
Download the flyer for the event
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| TBA Member Services |
| Let JobLink help you with your next career move |
| A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
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Visit the site
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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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