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| Wednesday, May 04, 2011 |
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New pro bono website unveiled
A new website that allows Tennesseans to seek free legal advice from volunteer lawyers is now available at OnlineTNJustice.org. The service -- a joint project of the Tennessee Alliance for Legal Services and the Tennessee Bar Association -- will provide civil legal help to those unable to afford a lawyer. In announcing the site, TBA President Sam Elliott said, "With its statewide reach and ability to match volunteer attorneys with those in need at times and places where practical difficulties interfere with personal contact, this website represents a paradigm shift in the delivery of pro bono legal services." Former TBA President Buck Lewis, who was a driving force behind the new site, praised the work of his colleagues at Baker, Donelson, Bearman, Caldwell & Berkowitz PC, who helped design and develop the service, and said, "This is the first statewide resource of its type in the country. From the start, it has been our fervent hope that this site would be a convenient way for more lawyers to provide help to those in need."
Learn more about OnlineTNJustice.org
Volunteer to handle cases posted on the 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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IN RE: CALEB L. C.
Court: TCA
Attorneys:
Ricky A.W. Curtis, Blountville, Tennessee, for the appellant, Randall Cregg C.
Sarah Y. Sheppeard, Knoxville, Tennessee, Wendy Brooks Crew, Birmingham, Alabama, and Randall M. Kennedy, Bristol, Tennessee, for the appellees, Roger Redmond and
Stephanie Redmond.
Judge: STAFFORD
This is a dependency and neglect case. The child's mother is deceased, and the child's father has a long history of physically abusing family members. Both the juvenile court and the circuit court, on de novo appeal, found the child to be dependent and neglected and determined that the child's best interests were served by remaining in the custody of his
maternal uncle and aunt. Discerning no error, we affirm.
http://www.tba2.org/tba_files/TCA/2011/caleblc_050411.pdf
STATE OF TENNESSEE EX REL. JACQUELINE D. DAVIS v. JAMES (JASON) McCLAIN
Court: TCA
Attorneys:
Jason McClain, Columbia, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter, and Stuart F. Wilson-Patton, Attorney General's Office, for the State of Tennessee.
Judge: CLEMENT
This is an appeal from an Order Establishing Parentage and Support entered by the Juvenile Court for Maury County on June 1, 2010. Because the appellant did not file his notice of
appeal within the time permitted by Tenn. R. App. P. 4, we dismiss the appeal.
http://www.tba2.org/tba_files/TCA/2011/davisj_050411.pdf
ELMER ELLIOTT, JR. v. PEARL ELLIOTT, ET AL.
Court: TCA
Attorneys:
Bill R. Barron, Trenton, Tennessee, for the appellant, Elmer Elliott, Jr.
C. Mark Donaoho, Magan N. White, Jackson, Tennessee, for the appellees, Pearl Elliott, et al.
Judge: HIGHERS
The trial court granted summary judgment to defendants, finding that plaintiff was ousted from the property at issue, that defendant Pearl Elliott was the presumptive owner of the
property due to recordation and payment of property taxes, and that plaintiff's suit was statutorily barred. We affirm.
http://www.tba2.org/tba_files/TCA/2011/elliote_050411.pdf
LOUISE Y. LEDBETTER v. CHRISTOPHER DOUGLAS DIRR
Court: TCA
Attorneys:
Karla C. Hewitt, Nashville, Tennessee, for the appellant, Christopher Douglas Dirr.
Mark A. Free, Columbia, Tennessee, for the appellee, Louise Y. Ledbetter.
Judge: DINKINS
In this post-divorce proceeding, Father appeals the trial court's visitation determination and classification of previously awarded attorney's fees. We affirm the trial court's judgment in
part, vacate in part, and remand the case for entry of a parenting plan.
http://www.tba2.org/tba_files/TCA/2011/ledbetterl_050411.pdf
DAVID MACKLIN v. DOLLAR GENERAL CORPORATION, d/b/a DOLLAR GENERAL STORE #2311
Court: TCA
Attorneys:
William A. Buckley, III and John M. Bailey, Memphis, Tennessee, for the appellant, David Macklin.
Bradford D. Box and John O. Alexander, Memphis, Tennessee, for the appellee, Dollar General Corporation.
Judge: FARMER
This is a premises liability case. The plaintiff slipped and fell on a clear liquid at the defendant's store. The defendant moved for summary judgment arguing it did not have a
reasonable opportunity to clean the floor, warn the customer of the clear liquid, or take adequate precautionary measures upon receiving notice of the dangerous condition. The trial
court granted the motion and the plaintiff appealed. Having determined the defendant effectively moved for and received only partial summary judgment, we dismiss this appeal
for lack of subject matter jurisdiction.
http://www.tba2.org/tba_files/TCA/2011/macklind_050411.pdf
MUBASHIR MAHMOOD V. MARYAM MUBASHIR
Court: TCA
Attorneys:
Douglas R. Beier, Morristown, Tennessee, for the appellant, Mubashir Mahmood.
J. Eric Harrison, Morristown, Tennessee, for the appellee, Maryam Mubashir.
Judge: SUSANO
This is a divorce case. Mubashir Mahmood ("Husband") appeals from a judgment of the trial court raising four issues, including an issue challenging the trial court's decree awarding Maryam Mubashir ("Wife") attorney's fees as alimony in solido. The judgment from which Husband seeks to appeal is not a final judgment. Accordingly, this appeal is dismissed.
http://www.tba2.org/tba_files/TCA/2011/mahmoodm_050411.pdf
PATRICIA ANN GHO MASSEY v. GREGORY JOEL CASALS
Court: TCA
Attorneys:
Linda J. Casals, Memphis, Tennessee, for the appellant, Gregory Joel Casals.
Rachael Emily Putnam, Memphis, Tennessee, for the appellee, Patricia Ann Gho Massey.
Judge: FARMER
Appellant filed a motion to quash garnishment of his individual retirement accounts to satisfy an award of attorney's fees to Appellee, asserting the accounts were exempt pursuant to Tennessee Code Annotated sections 26-2-105 and 26-2-111. The trial court denied the motion to quash. We reverse.
http://www.tba2.org/tba_files/TCA/2011/masseyp_050411.pdf
DAVID RAMEY v. JOHN CARROLL, COUNTY MAYOR OF PERRY COUNTY, TENNESSEE
Court: TCA
Attorneys:
Douglas T. Bates, III, Centerville, Tennessee; Tommy E. Doyle, Linden, Tennessee, for the appellant, John Carroll, County Mayor of Perry County, Tennessee.
Ernest W. Williams, Franklin, Tennessee, for the appellee, David Ramey.
Judge: HIGHERS
On remand, the trial court conducted a hearing regarding the reasonableness of attorney fees and awarded $20,000.00 in attorney fees to Appellee. In this appeal, Appellant contends that the trial court erred in awarding the fee because it failed to consider the requisite factors regarding fee reasonableness, it failed to differentiate between time spent on fee-generating versus non-fee-generating duties, and because it failed to comply with the requirements of
Tennessee Rule of Civil Procedure 52.01. From our review of the record, we cannot say that the trial court abused its discretion in awarding $20,000.00 in attorney fees. Accordingly, the award is affirmed.
http://www.tba2.org/tba_files/TCA/2011/rameyd_050411.pdf
SAMUEL WESLEY WOODS v. TRACY DEAN TIDWELL
Court: TCA
Attorneys:
Ryan P. Durham, Lawrenceburg, Tennessee, for the appellant, Tracy Dean Tidwell (now Watkins).
James R. Frazier, Lawrenceburg, Tennessee, for the appellee, Samuel Wesley Woods.
Judge: COTTRELL
Mother appeals both the trial court's refusal to approve an agreed upon parenting arrangement reached between the parents and the trial court's finding that father should be
designated the primary residential parent. Finding the trial court was required to make an independent determination of custody issues and that the court acted within its discretion, we affirm.
http://www.tba2.org/tba_files/TCA/2011/woodss_050411.pdf
MARILYN DENISE AVINGER v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Ashley Preston, Nashville, Tennessee, for the appellant, Marilyn Denise Avinger.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Rachel Sombrero, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The Petitioner, Marilyn Denise Avinger, appeals the Davidson County Criminal Court's denial of post-conviction relief from her conviction of attempted second degree murder, for
which she received a nine-year sentence, with all but thirty days to be served on probation. On appeal, she contends that trial counsel rendered ineffective assistance. We affirm the
judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/avingerm_050411.pdf
ROBERT B. LEDFORD v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Robert B. Ledford, Mountain City, Tennessee, pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; and Matthew Bryant Haskell, Assistant Attorney General, for the appellee, State of Tennessee.
Judge: WITT
The pro se petitioner, Robert B. Ledford, appeals the Hamilton County Criminal Court's summary denial of his petition for writ of error coram nobis attacking his convictions of second degree murder, kidnapping, aggravated robbery, and theft. Because we conclude that coram nobis relief is not available to provide relief from a guilty-pleaded conviction, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/ledfordr_050411.pdf
FRANKIE KELLY MCGOWAN v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
John H. Norton, III, Shelbyville, Tennessee, for the appellant, Frankie Kelly McGowan.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Charles Crawford, District Attorney General, and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
Petitioner, Frankie Kelly McGowan, entered a best interest plea in Bedford County to one count of aggravated burglary and two counts of burglary in exchange for an effective ten-year sentence. The effective sentence was ordered to run consecutively to sentences in two other cases for which Petitioner was on parole at the time of the offenses. Subsequently, Petitioner sought post-conviction relief on the basis of ineffective assistance of counsel and because
his guilty plea was unknowingly and involuntarily entered. The post-conviction court dismissed the petition after a hearing. Petitioner has appealed the dismissal of his petition
for post-conviction relief to this Court. After a review of the record, we conclude that Petitioner has failed to present clear and convincing evidence that his guilty plea was
involuntarily or unknowingly entered or that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed.
http://www.tba2.org/tba_files/TCCA/2011/mcgowanf_050411.pdf
JONATHAN K. PRICE v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Guy R. Dotson, Jr., Murfreesboro, Tennessee, for the appellant, Jonathan K. Price.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Jude Santana, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: MCLIN
On October 11, 2006, the petitioner, Jonathan K. Price, pleaded guilty to aggravated burglary, solicitation of a minor, and two counts of statutory rape. He received a negotiated
sentence of six years on probation. The petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel, and the post-conviction court denied relief. On appeal, the petitioner argues that trial counsel provided ineffective assistance, and thus, he did not enter his guilty pleas knowingly, intelligently, and voluntarily. Following our review of the record, the parties' briefs, and applicable law, we affirm the denial of post-conviction relief.
http://www.tba2.org/tba_files/TCCA/2011/pricek_050411.pdf
STATE OF TENNESSEE v. CHRISTOPHER TERRELL ROBINSON
Court: TCCA
Attorneys:
Gregory D. Smith (on appeal), Clarksville, Tennessee, and Andrew Jackson Dearing, III, and Catherine H. Hickerson (at trial and guilty plea hearing), Shelbyville, Tennessee for the
Appellant, Christopher Terrell Robinson.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Michel Bottoms, District Attorney General; Michael D. Randles, Assistant District
Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
A Bedford County jury convicted the Defendant, Christopher Terrell Robinson, of violating the Habitual Motor Vehicle Offender ("HMVO") Act, evading arrest, and violating the light
law. Subsequently, the Defendant also pled guilty to felony failure to appear for not appearing at his original court date. For all the Defendant's convictions, the trial court
sentenced him to an effective sentence of twelve years, to be served as a Range II offender at 60%. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his conviction for violating the HMVO Act; and (2) his sentence is excessive because the trial court inappropriately ordered his sentences to run consecutively. After a thorough
review of the record and applicable authorities, we affirm the trial court's judgments.
http://www.tba2.org/tba_files/TCCA/2011/robinsonc_050411.pdf
STATE OF TENNESSEE v. WALTER ODELL SAVAGE
Court: TCCA
Attorneys:
David Neal Brady, District Public Defender; and Jennifer Kollstedt, Assistant Public Defender, for the appellant, Walter Odell Savage.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Randall A. York, District Attorney General; and Douglas E. Crawford,
Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
The Defendant, Walter Odell Savage, pled guilty to three counts of sale of .5 grams or more of cocaine, a Class B felony. See Tenn. Code Ann. section 39-17-417. The trial court sentenced the defendant to an effective ten-year sentence to be served in confinement. In this appeal as of right, the Defendant contends that the trial court erred by ordering his sentence served in confinement. Following our review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/savagew_050411.pdf
BEN W. WATKINS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Ben W. Watkins.
Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Andrew Watts, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WITT
The petitioner, Ben W. Watkins, appeals from the Blount County Circuit Court's denial of his petition for writ of habeas corpus. Because the trial court correctly found that the petitioner failed to present a cognizable habeas corpus claim, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/watkinsb_050411.pdf
ROBERT S. WILSON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Samuel F. Hudson, Dunlap, Tennessee, for the appellant, Robert S. Wilson.
Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Sherry Shelton,
Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WELLES
Following a jury trial, the Petitioner, Robert S. Wilson, was convicted of attempted aggravated sexual battery and rape of a child. This Court affirmed his convictions on direct
appeal. The Petitioner filed a timely petition for post-
conviction relief and, after a hearing, the post-conviction court denied relief. In this appeal, the Petitioner claims that he was denied effective assistance of counsel because Trial Counsel: (a) failed to adequately meet with him prior to the trial and investigate his case; (b) failed to adequately cross-examine the victim, the victim's brother, and the victim's mother; and (c) failed to adequately convey the State's plea offer such that the Petitioner could make an informed and knowledgeable decision. Additionally, the Petitioner contends that the cumulative effect of Trial Counsel's alleged deficiencies amounted to ineffective assistance of counsel. After our review, we affirm the post-conviction court's denial of relief.
http://www.tba2.org/tba_files/TCCA/2011/wilsonr_050411.pdf
Applicability of Blind Vendors Program to Municipal Property
TN Attorney General Opinions
Date: 2011-05-04
Opinion Number: 11-39
http://www.tba2.org/tba_files/AG/2011/ag_11_39.pdf
Definition of the Term "Check" in the Deferred Presentment Services Act
TN Attorney General Opinions
Date: 2011-05-04
Opinion Number: 11-40
http://www.tba2.org/tba_files/AG/2011/ag_11_40.pdf
IN RE: CONNIE LYNN REGULI, BPR 016867
Court: TSC-Disciplinary_Order
Judge: CLARK
Censure
http://www.tba2.org/tba_files/TSC/2011/regulic_050411.pdf
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| TODAY'S NEWS |
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Legal News
Upcoming
Passages
Career Opportunities
Disciplinary Actions
TBA Member Services
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| Legal News |
| TBA to make recommendations on Nominating Commission candidates |
| The Tennessee Bar Association will make recommendations to House and Senate speakers about candidates filing for four slots on the Judicial Nominating Commission that may be filled by lawyers. The Administrative Office of the Courts announced this week it is taking applications through May 31. After that date, the TBA will follow the procedures set forth in its Administrative Policy Manual to make its recommendations. The Judicial Nominating Commission is important to the functioning of the Tennessee Plan. It nominates up to three candidates for each opening on the trial and appellate courts, with the governor then choosing one of the three. The TBA Board of Governors will hold a special meeting between the May 31 application deadline and the June 15 comment deadline to make its recommendations.
Download the TBA policy here
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Read the AOC announcement
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| Firm honors college students |
| The top 10 students at the University of Tennessee at Chattanooga College of Business were honored with the John C. Stophel Award at the annual Chambliss, Bahner & Stophel Student Recognition Banquet on April 29. The program featured a keynote address by Mike Walden, president of Walden Security. The event also recognized student organizations, honor societies and scholarship recipients. Chambliss, Bahner & Stophel established an endowment at the school in 2008 to honor the legacy of John C. Stophel, one of its founding members.
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Download the firm's press release
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| Ex prosecutor charged with trading leniency for sex |
| Former Hawkins County prosecutor Doug Godbee, alleged to have offered female defendants leniency in exchange for sex, has been charged with official misconduct by a local grand jury. If convicted, he faces one to six years in jail and a $3,000 fine, according to 9th District Attorney General Russell Johnson, who has been appointed special prosecutor in the case. Godbee is free on $10,000 bond. An arraignment is tentatively set for June 3. |
Read more in the News-Sentinel
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| Signature on former state rep's will questioned |
| A handwriting expert testifying for the children of deceased state Rep. Ulysses Jones Jr. said he found "overwhelming" differences between their father's handwriting and the signature on a will submitted by their father's girlfriend Sandra Evette Richards. The expert's testimony came in a probate hearing where Jones' children contend the will leaving the estate to Richards is a fake and the signature is a forgery. Jones, a Democrat that represented the District 98 cities of North Memphis and Raleigh, died Nov. 9 of pneumonia. |
The Commercial Appeal has more
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| Texas executes first inmate using new drug |
| On Tuesday, Texas carried out its first execution using a sedative often used to euthanize animals. The new drug, pentobarbital, replaced sodium thiopental in Texas' three-drug execution protocol. The change was necessary because Hospira Inc. of Illinois announced in January it would stop making sodium thiopental. A shortage of the drug throughout the United States has resulted. |
WREG-TV Memphis reports
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| Judge Edgar heads to Michigan after 40+ years |
| U.S. District Judge R. Allan Edgar, after "excellent service" in Chattanooga for more than four decades, is planning to move to Michigan, where he was born. |
Learn more about him from the Times Free Press
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| Upcoming |
| Firm holds stem cell drive for partner |
| The Nashville law firm of Loeb & Loeb LLP is holding a stem cell registry drive tomorrow, May 5, from 2 to 6 p.m. to identify potential donors for firm partner Robert Lee Sullivan. Participating in the registry takes about 15 minutes and requires only a cheek swab. The firm is located at 1906 Acklen Ave. Contact Jamie Hawkins at jhawkins@loeb.com or (615) 749-8302 for more information or to confirm participation.
Learn more about stem cell donation. |
Download the consent form
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| Memphis law names graduation speaker |
| The University Of Memphis Cecil C. Humphrey School of Law will hold its spring convocation on Sunday, May 8, at 3 p.m. at the Cannon Center for the Performing Arts. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee and a graduate of the law school, will give the commencement address. This year, 115 students will receive law degrees. |
Download a brochure from the law school
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| Passages |
| Services set for Judge Clayton |
| Services for former Circuit Court Judge James K. Clayton will be held this weekend in Murfreesboro. Visitation will take place Saturday from 4 to 8 p.m. at Woodfin Memorial Chapel. A memorial service will take place Sunday at 3 p.m. at the First Presbyterian Church of Murfreesboro. Clayton collapsed in the entryway of the Cannon County Courthouse on Tuesday. He retired from the bench in August 2008, and was due to be in court to represent a client. |
Read more about plans in the Cannon Courier
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| Career Opportunities |
| Legal Aid seeks attorney for Murfreesboro office |
| The Legal Aid Society has an immediate opening for a general civil attorney in its Murfreesboro office. The position will handle domestic violence, housing, consumer, elder, health and benefits law. Fluency in Spanish and some legal experience are preferred. Applications must include a cover letter, resume, writing sample and three references. Send by mail, fax or e-mail to: Human Resources Administrator, Legal Aid Society, PO Box 5209, Oak Ridge, TN 37831; fax (865) 483-8905; or e-mail hr@las.org.
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Learn more on JobLink
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| Disciplinary Actions |
| Brentwood attorney censured |
| On April 12 Brentwood attorney Connie Lynn Reguli was publicly censured by the Tennessee Supreme Court.
A hearing panel found that Reguli was guilty of ethical misconduct for statements she made about Judge Robert E. Lee Davies in an appellate brief, which were deemed "impertinent and unprofessional" by the Tennessee Court of Appeals. Her actions violate Rules of Professional Conduct 8.2, Judicial and Legal Officials; and 8.4(a), Misconduct.
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Download the court's order
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| Germantown lawyer reinstated |
| Germantown lawyer James Alvin Carraway Jr. was reinstated to the practice of law today after paying his annual Board of Professional Responsibility registration fee(s) and associated penalties. No further court order was required for his reinstatement.
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| TBA Member Services |
| Secure, compliant data backup now available |
| The TBA's official data protection, backup and recovery vendor of choice, i365, offers secure online backup solutions. i365 minimizes downtime by backing up files quickly and easily, and helps lawyers remain compliant by maintaining file integrity. Get i365 and be confident your data is securely stored and protected. TBA members enjoy a 10 percent savings on all services. For more information on this member benefit Denise Lucas at (407) 523-9774. |
Learn why lawyers trust i365 for online data backup solutions
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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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