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| Monday, April 18, 2011 |
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Diversity Job Fair set for October
The first annual Tennessee Bar Association Diversity Job Fair will be held Oct. 21-22 in Nashville. The event, an initiative of the TBA Committee on Racial & Ethnic Diversity (CRED), will provide legal employers the opportunity to interview diverse 2L and 3L law students from law schools in Tennessee and surrounding states. All Tennessee legal employers -- including those in the public and private sectors -- are invited to participate. Employers are asked to consider candidates for summer associate positions, clerkships during the academic year and associate attorney positions. The event will be held at the Tennessee Bar Center, located at 221 Fourth Ave. North. For more information contact TBA Programs Administrator Lynn Pointer at lpointer@tnbar.org or (615) 383-7421.
Learn more or register here as a participating student or employer
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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
04 - TN Court of Appeals
04 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
00 - 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 OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
AMENDED to reflect Application of STATE OF TENNESSEE Granted in State of Tennessee v. Mark Anthony McNack, W2010-00471-SC-R11-CD
Court: TSC
http://www.tba2.org/tba_files/TSC/2011/certlist_AMENDED_041811.pdf
4215 HARDING ROAD HOMEOWNERS ASSOCIATION v. STACY HARRIS
Court: TCA
Attorneys:
Stacy Harris, Nashville, Tennessee, Pro Se.
Darrell G. Townsend and Nicholas A. Lastra, Nashville, Tennessee, for the appellee, 4215 Harding Road Homeowners Association.
Judge: CLEMENT
The Homeowners' Association of a high-rise condominium building filed this action against an owner/occupant of a condominium unit alleging she was in violation of the Master Deed and Bylaws due to grossly unsanitary conditions in the defendant's unit and extremely offensive odors that emanated from her unit into common areas. The Association requested that the defendant's condominium unit be sold at a judicial sale and that it be awarded its attorneys' fees. The trial court found the defendant's acts and omissions violated the Master Deed and Bylaws and that the Association was entitled to the relief it requested; accordingly, the court ordered that the unit be sold and awarded $116,037.77 in attorneys' fees against the defendant. We affirm the trial court in all respects.
http://www.tba2.org/tba_files/TCA/2011/harriss_041811.pdf
IN THE MATTER OF: MELANIE T. ET AL.
Court: TCA
Attorneys:
C. Brent Keeton, Manchester, Tennessee, for the appellant, Jason R.
Robert E. Cooper, Jr., Attorney General and Reporter, and Alexander S. Rieger, Assistant Attorney General, for the appellee, State of Tennessee, Department of Children's Services.
Judge: CLEMENT
This dependent and neglected action involves the defendant's minor biological child and two minor stepchildren. The defendant appeals the finding by the circuit court that he severely abused his two stepchildren. He contends that DCS failed to state a claim against him upon which relief could be granted because he is not the biological or legal father of the children. He also contends the evidence is insufficient to find that he committed severe child abuse. We have determined the petition states a claim against the defendant, and that the evidence clearly and convincingly supports the findings that all three children are dependent and neglected, and that the defendant severely abused the two stepchildren children. Thus, we affirm.
http://www.tba2.org/tba_files/TCA/2011/melaniet_041811.pdf
DAWN A. MOSS v. WILLIAM BARRY MOSS
Court: TCA
Attorneys:
Thomas F. Bloom, Nashville, Tennessee, for the appellant, Dawn Annette Moss.
Russ Heldman, Franklin, Tennessee, for the appellee, William Barry Moss.
Judge: CLEMENT
At issue is when Husband shall pay $250,000 in cash awarded to Wife in the division of the marital estate and whether post-judgment interest shall accrue. In the Final Decree, payment of the $250,000 was deferred pending Husband's receipt of an expected inheritance from his recently deceased uncle. The Decree, however, expressly provided that Wife could petition the court for relief in the event the deceased uncle's estate was not closed within one year.
As authorized by the trial court, one year later, Wife filed a motion requesting that Husband be ordered to pay the $250,000 award. The trial court denied Wife's request for immediate payment of the money and denied her request for post-judgment interest. Wife appeals contending that the trial court erred in not awarding the immediate payment of the full amount and post-judgment interest. Finding it inequitable for Husband to have the use and benefit of the marital estate, much of which is income producing, while Wife is deprived of the bulk of her share of the marital estate, we reverse and remand with instructions for the
entry of a judgment in favor of Wife of $250,000 plus post-judgment interest from the filing of the motion for relief.
http://www.tba2.org/tba_files/TCA/2011/mossd_041811.pdf
DARRYL SUGGS AS ADMINISTRATOR OF THE ESTATE OF BILLY RAY SUGGS v. GALLAWAY HEALTH CARE CENTER, ET AL.
Court: TCA
Attorneys:
A. Wilson Wages, Millington, Tennessee, for the appellant, Darryl Suggs.
Kevin Baskette, Memphis, Tennessee, for the appellee, Mukesh Jain, M.D.
Judge: HIGHERS
This appeal arises out of a complaint filed against various healthcare providers. Before the trial court, Plaintiff filed a motion to consolidate this case with an identical lawsuit he had filed against the same defendants in another county. The motion to consolidate was denied. The trial court later dismissed the Plaintiff's claim against one of the defendant physicians for improper venue, and the other defendants were dismissed for various reasons not relevant to this appeal. Plaintiff appeals the dismissal of his claim against the physician for improper venue, and he argues that the trial court erred in denying his motion to consolidate. We
affirm.
http://www.tba2.org/tba_files/TCA/2011/suggsd_041811.pdf
STATE OF TENNESSEE v. JOSE HERMES GOMEZ
Court: TCCA
Attorneys:
Hershell Koger, Pulaski, Tennessee, for the appellant, Jose Hermes Gomez.
Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Charles Crawford, District Attorney General; and Michael D. Randles, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: WELLES
Following a jury trial, the Defendant, Jose Hermes Gomez, was convicted of three counts of aggravated robbery, Class B felonies, and one count of aggravated burglary, a Class C felony. See Tenn. Code Ann. sections 39-13-402(b),-14-403(b). The trial court sentenced him as a Range I, standard offender to ten years for each aggravated robbery conviction and five years for the aggravated burglary conviction. The trial court ordered that his five-year sentence and two of his ten-year sentences be served consecutively, for a total effective sentence of twenty-five years. In this direct appeal, the Defendant presents the following issues for our review: (1) The trial court erred when it denied two of the Defendant's challenges for cause to potential jurors; (2) The State presented insufficient evidence to convict the Defendant of
three counts of aggravated robbery; and (3) The trial court erred when it imposed consecutive sentences. After our review, we affirm the judgments of the trial court and remand solely for the entry of corrected judgment forms for each of the Defendant's aggravated robbery convictions.
http://www.tba2.org/tba_files/TCCA/2011/gomezj_041811.pdf
STATE OF TENNESSEE v. MICHAEL W. KEMP
Court: TCCA
Attorneys:
G. Jeff Cherry and David Veile, Lebanon, Tennessee, for the appellant, Michael W. Kemp.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Howard L. Chambers, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Michael W. Kemp, was convicted by a Smith County Criminal Court jury of three counts of reckless vehicular homicide and three counts of reckless endangerment
with a deadly weapon. The trial court sentenced the defendant to three years for each vehicular homicide conviction and one year for each reckless endangerment conviction. The court merged the reckless endangerment convictions into the vehicular homicide convictions and ordered that the terms run consecutively with all but one year served on probation. The defendant appealed and, on direct appeal, this court remanded for reconsideration of the
consecutive sentences because the trial court failed to make the proper findings. Upon remand, the trial court again imposed consecutive sentences, which the defendant now
appeals. After review, we conclude that the trial court erred in imposing consecutive sentencing and order that the defendant's sentences be served concurrently.
http://www.tba2.org/tba_files/TCCA/2011/kempm_041811.pdf
STATE OF TENNESSEE v. KENNY LAMONT MCGEE
Court: TCCA
Attorneys:
Gregory D. Smith, Clarksville, Tennessee, for the appellant Kenny Lamont McGee.
Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; Mike McCowen, District Attorney General, and Hollyn Eubanks, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
In January 2009, the Moore County Grand Jury indicted Appellant, Kenny LaMont McGee for three counts of aggravated sexual battery. Appellant pled guilty to two counts of attempted aggravated sexual battery. Pursuant to the plea agreement Appellant was ordered to serve an effective sentence of twelve years on community corrections. In January 2010, the Moore County Grand Jury indicted Appellant for violation of the Sexual Offender Registration and Monitoring Act. In February 2010, Appellant's community corrections officer filed an affidavit alleging that Appellant had violated the conditions of the community corrections sentence. Appellant pled guilty to the violation of the Sexual Offender Registration and Monitoring Act. Following a hearing, the trial court revoked Appellant's community corrections sentence and ordered him to serve the twelve-year sentence in confinement. In addition, the trial court sentenced Appellant to two years and six months for
his violation of the Sexual Offender Registration and Monitoring Act and ordered the sentence to be served consecutively to the twelve-year sentence. After a thorough review of the record, we affirm the trial court's revocation of the community corrections sentence. However, we vacate the consecutive sentence, order the new sentence to be served
concurrently to the prior imposed sentence and remand for entry of a corrected judgment.
http://www.tba2.org/tba_files/TCCA/2011/mcgeek_041811.pdf
STATE OF TENNESSEE v. PAUL WILLIAMS, aka PAUL WILLIAMS EL
Court: TCCA
Attorneys:
Guy T. Wilkinson, District Public Defender (on appeal); and Paul Williams, aka Paul Williams El, Pro Se (at trial).
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Hansel J. McCadams, District Attorney General; and R. Adam Jowers, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Paul Williams, a/k/a Paul Williams El, was convicted by a Carroll County Circuit Court jury of driving on a canceled, suspended, or revoked license, second offense,
and was sentenced to six months in the county jail. On appeal, he argues that: (1) the trial court's method for selecting the alternate juror resulted in the exclusion of the only African-American on the panel; (2) there is newly discovered evidence that should be considered; (3) the evidence was insufficient to sustain his conviction; and (4) the trial court erred in revoking his probation on a previous conviction and in sentencing him. After review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/williamsp_041811.pdf
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| TODAY'S NEWS |
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Legal News
General Assembly News
U.S. Supreme Court
TBA Member Services
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| Legal News |
| Clark tells group judicial selection works well |
| Tennessee Supreme Court Chief Justice Cornelia Clark spoke to the Columbia Kiwanis Club last week, explaining how the state's current judicial selection process keeps judges accountable, while also protecting them from having to "submit themselves to being sold to the highest bidder." |
The Columbia Daily Herald reports
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| Arrest made in death threat to assistant DA |
| A former Knoxville police officer was
arrested Friday night by a small army of officers responding to what authorities allege was a threat to the life of Knox County Assistant District Attorney General Steve Sword. Donald Scott Clark is charged with the rarely cited offense of retaliation for past action, which makes it a felony to threaten a witness or judicial official engaged in carrying out the business of justice. |
The News Sentinel has more
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| Lee encourages minority women to pursue the law |
| Tennessee Supreme Court Justice Sharon Lee helped Saturday with an
event aimed at encouraging minority women to consider pursuing a career in law. Funded by LexisNexis, "The Color of Justice," was produced by the National Association of Women Judges and the YWCA of Knoxville.
"I didn't always want to be a lawyer," Lee said. "I never knew any women lawyers, and it really never occurred to me that I could be a lawyer."
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Watch the video from WBIR
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| Baumgartner to donate leftover funds to charity |
| Former Knox County Criminal Court Judge Richard Baumgartner has $10,457 in his campaign account left over from his last race in 2006, which he said he will contribute to "charitable causes that are not controversial."
Baumgartner, a judge since 1992 until last month, admitted to an addiction that led him to buy prescription painkillers from a felon who had been in his court.
Baumgartner said he has completed a formal program associated with Cumberland Heights, a drug and alcohol treatment program in Middle Tennessee but observed that "you never complete (recovery). That's a lifelong journey." |
Read more in the News Sentinel
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| Payment program for child support starts in Memphis |
| A new program starts today in the Memphis City Clerk's office to help parents who are behind with child support payments get back on track and avoid being arrested.
"They may not be able to pay their current support, but they can pay something," Frenchell White, program administrator of Child Support Services, said. "If they ignore that obligation, it just makes matters worse." The new program is called "Project Drive." |
The Commercial Appeal reports
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| Interpreter services at heart of Bradly County suit |
| A lawyer and the interpreter he hired to represent a non-English speaking defendant have now filed a lawsuit against
Bradley County General Sessions Court for charging them for interpreter services. The U.S. Department of Justice has maintained for at least a decade that a defendant's right to a fair trial includes the right to interpreter services at court expense. The suit seeks an injunction to stop the Bradley court from charging for interpreter services and undisclosed compensation for the interpreter, who claims he wasn't paid for interpreting work.
But Bradley County Attorney Joe Byrd said the rule is in direct conflict with Tennessee Supreme Court rules, which require that interpreter services be included in court costs if a defendant is not indigent. |
The Chattanooga Times Free Press reports
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| '10 Commandments' judge considers run for president |
| Former Alabama Supreme Court Chief Justice Roy Moore, known for refusing to remove a 10 Commandments monument from the state courthouse, says he is forming an exploratory committee for a possible presidential run. |
WKRN.com carried this AP story
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| Judge portrayed in radio program defends her court |
| An episode of the public radio program "This American Life," in which
Ira Glass hosted an hour-long report "Very Tough Love,"
largely portrayed the drug court operated by Glynn County (Ga.) Judge Amanda Williams as overly punitive. Now Williams and her lawyer are calling the broadcast "libel masquerading as journalism," and are going after Glass. |
ABAJournal.com connects you to more of the story
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| General Assembly News |
| Legislature moves to kill city's anti-gay bias law |
| State legislation to nullify Nashville's new anti-gay bias ordinance is headed to the House floor for a vote as soon as this week.
If the Senate gets on board, the legislature not only will repeal Nashville's ordinance, but also ban any such laws in the future anywhere else in Tennessee. "If the gay lifestyle is wrong, that's between them and the Lord," Rep. Mike Turner, D-Nashville, said in opposition. "If the city of Nashville wants to ban gay discrimination, that's their business. It's not the state's business to tell the city not to do it." Watchers agree, however, that it is likely to pass.
In an
opinion piece, columnist Gail Kerr says that
"state lawmakers need to keep their hands to themselves," on this as well as tort reforms under consideration. |
The City Paper has more
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| Census results call for redistricting |
| Redrawing the lines of districts for Tennessee congressional seats may not happen until 2012 even though U.S. Census population numbers required for redistricting have been released. Legislators say it's not a priority right now, but with federal funding changes on the line it will need to be resolved. Legislators are required to use population totals from the census to ensure the districts contain relatively equal population sizes. |
The Jackson Sun has the story
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| U.S. Supreme Court |
| Court hears from Microsoft |
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The Supreme Court today heard arguments from Microsoft Corp. asking it to overturn a $290 million patent infringement judgment against it because it claims a judge used the wrong standard.
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WRCB-TV carried this AP story
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| TBA Member Services |
| Use the TBA rewards card |
| A Tennessee Bar Association Platinum Plus MasterCard credit card from Bank of America rewards you for the things you buy anyway. You also have the chance to show your support for Tennessee Bar Association every time you present your card. To apply, call toll-free 1.866.438.6262 or |
click here for more information.
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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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