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| Monday, May 09, 2011 |
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Report: Demand for legal services increases
Demand for legal services increased for the second straight quarter, rising 2.1 percent from the same period last year, according to the latest Peer Monitor Index Report from consultant Hildebrandt Baker Robbins.
Litigation saw the highest increase in demand of any practice area, jumping 4.1 percent from the same period last year. According to the report, litigation practices have bolstered the overall industry performance over the past two quarters, representing almost one-third of billable hours in the legal market.
The AmLaw Daily reports on the findings
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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
03 - TN Court of Appeals
03 - 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
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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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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2011/certlist_050911.pdf
CHRISTIAN HEYNE, ET AL. v. METROPOLITAN NASHVILLE BOARD OF PUBLIC EDUCATION
Court: TCA
Attorneys:
Sue B. Cain, Director of Law, J. Brooks Fox and Christopher M. Lackey, Assistant Metropolitan Attorneys, for the appellant, Metropolitan Nashville Board of Public Education.
Philip N. Elbert and Jeff H. Gibson, Nashville, Tennessee, for the appellees, Christian Heyne and his parents, William and Robin Heyne.
Charles W. Cagle and Jason M. Bergeron, Nashville, Tennessee, for the Amicus Curiae,
Tennessee Organization of School Superintendents.
Randall G. Bennett and Joel H. Moseley, Jr., Nashville, Tennessee, for the Amicus Curiae, Tennessee School Boards Association.
Judge: CLEMENT
This is a common law writ of certiorari review of a student's ten-day suspension for a violation of the Student-Parent Code of Conduct for reckless endangerment. The student was
suspended by the school principal following an incident where he drove his vehicle toward a group of students resulting in injury to one student. The suspension was appealed to a
disciplinary panel, then to a discipline administrator, and lastly to the school board. The suspension was upheld at each level. Thereafter, this petition for common law writ of
certiorari was filed. The trial court found that the suspended student's due process rights were violated by the failure to provide an impartial panel and that the decision was arbitrary
as it was not supported by the evidence. The court also awarded the petitioners their attorneys' fees pursuant to 42 U.S.C. section 1983. We reverse finding the student's due process rights were not violated and that the decision was not arbitrary because it is supported by material evidence.
http://www.tba2.org/tba_files/TCA/2011/heynec_050911.pdf
MARVIN MCNEARY, ET AL. v. BAPTIST MEMORIAL HOSPITAL , A Tennessee Corporation, ET AL.
CORRECTION: Pages 16 - 20 were affected by the pagination. The correction is on page 17 in the last full paragraph where Williams v. Van Hersh citation has been replaced by the Black v. Black citation.
Court: TCA
Attorneys:
Duncan E. Ragsdale, Memphis, Tennessee, for the appellants, Marvin L. McNeary and Gwendolyn V. McNeary, for themselves and as next Friend to Kayla J. McNeary.
James T. McColgan, III and Michael T. Goodin, Memphis, Tennessee, for the appellee, J. M. Harmon
Judge: STAFFORD
This case arises from the grant of a Tennessee Rule of Civil Procedure 12 motion to dismiss, whereby the trial court dismissed one of the party-defendants from this lawsuit for lack of personal jurisdiction. Specifically, the trial court determined that: (1) the Appellants had failed to serve process on the Appellee; (2) that neither the statute of limitations nor the statute of repose operated to save the Appellants' cause of action; and (3) that Appellants were not entitled to Tennessee Rule of Civil Procedure 60 relief on grounds of fraud or misrepresentation. Discerning no error, we affirm and remand for further proceedings.
http://www.tba2.org/tba_files/TCA/2011/mcnearym_COR_050911.pdf
ROBERTO CARLOS URTUZUASTEGUI a/k/a Jose M. Carrion-Casillas v. GEORGE D. KIRKLAND, ET AL.CORRECTION on page 7 where the Williams v. Van Hersh citation has been replaced by the Black v. Black citation. Pages 7 and 8 were affected by the pagination.
Court: TCA
Attorneys:
Michael C. Skouteris, Russell W. Lewis, IV, and William B. Walk, Jr., Memphis, Tennessee, for the appellant, Roberto Carols Urtuzuastegui.
Carl Wyatt and Lewis W. Lyons, Memphis, Tennessee, for the appellees, George D. Kirkland and Vickers Distributing and Transfer, Inc.
Judge: STAFFORD
This is an appeal from the trial court's grant of summary judgment in favor of Appellees and from the trial court's grant of a Tennessee Rule of Civil Procedure 41.02(1) motion for involuntary dismissal in favor of Appellees. The trial court granted both motions upon its finding that Appellant had committed fraud upon the court in filing his complaint under an assumed name. Specifically, the court granted the motion for summary judgment finding that the statute of limitations had expired because the amended complaint did not relate back to the original complaint, which the court determined was a nullity ab initio. The Rule 41.02 motion was granted based upon the court's finding that the Appellant had perpetrated a fraud upon the court in filing the complaint under an assumed name. Concluding that there is a dispute of material fact as to whether Appellant committed fraud and, specifically, as to whether Appellant's alleged mental incapacity negates a finding of fraud, we reverse both
the order on the motion for summary judgment and the order granting the Rule 41.02 motion. We remand for further hearing on the issues of fraud and mental incapacity. Reversed and remanded.
http://www.tba2.org/tba_files/TCA/2011/urtuzuasteguir_COR_050911.pdf
JAMES L. CRAWFORD v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
James L. Crawford, Mountain City, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Randall Nichols, District Attorney General; and Leon Franks, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The Petitioner, James L. Crawford, filed a petition for post-conviction relief alleging that his guilty pleas to various felonies were not knowingly and voluntarily entered. The trial court summarily dismissed the petition as barred by the statute of limitations. The Petitioner appeals the dismissal, and we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/crawfordj_050911.pdf
STATE OF TENNESSEE v. JOHN ANTHONY LETHCO
Court: TCCA
Attorneys:
Andrew E. Farmer, Sevierville, Tennessee, for the appellant, John Anthony Lethco.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; James B. Dunn, District Attorney General; and Steven R. Hawkins, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
A Sevier County Circuit Court jury convicted the defendant, John Anthony Lethco, of aggravated burglary, see T.C.A. section 39-14-403; possession of burglary tools, see id. section 39-14-701; theft of property valued at $60,000 or more, see id. section 39-14-103, -105(5); and theft of
property valued at more than $500 but less than $1,000, see id. section 39-13-103, -105(2). At sentencing, the trial court ordered the defendant to serve an effective sentence of 27 years' incarceration. On appeal, the defendant contends that the trial court erred (1) by denying his motion to sever offenses, (2) by allowing hearsay testimony from witnesses other than the victim concerning ownership of stolen items at trial, (3) by denying him the opportunity to confront his accuser at trial, (4) by denying his motion for new trial, and (5) by allowing argument by the State at trial concerning his reputation as a drug dealer. Because the defendant filed his notice of appeal prior to filing his motion for new trial, the trial court was without jurisdiction to rule on the motion for new trial. Thus, any issues raised therein are waived. We discern, however, an anomaly in the judgment of theft of property valued at more than $500 but less than $1,000 that requires correction on remand. In all other respects, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/lethcoj_050911.pdf
NABEEH JAMEEL MATEEN v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Nathaniel Colburn (on appeal) and George Duzane (at hearing), Nashville, Tennessee, for the appellant, Nabeeh Jameel Mateen.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Pamela Anderson, Assistant
District Attorney General, for the appellee, State of Tennessee.
The petitioner, Nabeeh Jameel Mateen, appeals the denial of his petition for post-conviction relief from his especially aggravated robbery conviction, arguing that he received the
ineffective assistance of counsel. Following our review, we affirm the denial of the petition.
http://www.tba2.org/tba_files/TCCA/2011/mateenn_050911.pdf
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| TODAY'S NEWS |
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General Assembly News
Legal News
Passages
Disaster Relief
Upcoming
TBA Member Services
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| General Assembly News |
| Exclusionary rule act passes Senate, goes to governor |
| The Senate approved the Exclusionary Rule Reform Act, SB0559, with a 26-4 vote Thursday and sent it to Gov. Bill Haslam for his signature. The House approved it last Wednesday. Proponents say the bill provides a "good-faith exception" to court rules requiring judges to throw out evidence collected in a legally flawed search or seizure. The Tennessee District Attorney General Conference drafted the proposal. |
The News Sentinel has more
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| Massey announces run for Senate |
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Becky Duncan Massey's decision to run to succeed Speaker Pro Tempore Jamie Woodson, R-Knoxville, pits two women who are considered strong competitors in the race for the Senate's 6th District seat. Councilwoman Marilyn Roddy already is out campaigning after withdrawing from the Knoxville mayor's race.
Massey said she would name attorney Howard Vogel as her treasurer.
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The News Sentinel reports
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| Legal News |
| Money-saving trend: video instead of in-person court appearances |
| A New York man
charged with first-degree murder in the death of a police officer will not leave jail for months of pretrial hearings.
Instead, he'll be beamed into the courtroom via video as lawyers discuss his case in front of the judge.
This case is part of a surge in court appearances done by video around the country, as cash-strapped communities look for ways to boost efficiency and cut costs. The tools are used in courts large and small, and the savings for some are staggering. |
NewsChannel9 carried this AP story
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| 'Hey Boo' film looks at story behind 'Mockingbird' |
| A documentary, "Hey, Boo: Harper Lee and To Kill a Mockingbird," that explores the story behind the novel
opens Friday.
The film includes interviews with Lee's 99-year-old sister, Alice, as well as her New York friends, Michael and Joy Brown. There is also material involving Lee's friend Truman Capote -- who, jealous of her Pulitzer Prize, claimed he had helped write the book -- and speculation as to why Lee never wrote another novel. |
WREG carried this L.A. Times story
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| Advice for business: Hire an attorney |
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A small business just starting out needs a "strong three-legged stool to support it," columnist Jeff Cornwall writes. "The three legs should consist of a strong attorney, a CPA and a business banker." Cornwall explains why it's best not to do-it-yourself when it comes to these jobs.
Chris Sloan, an attorney with the Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, weighs in saying that the best way to avoid a nasty business breakup later is
with an agreement that addresses issues like decision-making, dispute resolution, what happens if someone dies or wants to leave, and how and when to shut or sell the business.
"With a good agreement, you accomplish two things," Sloan says. "First, you avoid a dispute down the road, and second, you have a chance to preserve the personal relationships." |
Read the column in the Tennessean
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| Jones' will ruled forgery with handwriting expert help |
| Judge Robert Benham ruled Friday that the signature on a will purporting to be that of the late state Rep. Ulysses Jones Jr. is a forgery.
The will left the bulk of Jones' estate to Sandra Evette Richards, the woman who submitted the document following his death in November and who said Jones was her fiance.
Benham said his opinion was swayed by shaky witness credibility and handwriting experts. |
Learn more in the Commercial Appeal
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| Editorial: Judge Clayton known for fairness |
| In an editorial, the Daily News Journal writes about the respected lawyer and judge, James K. Clayton Jr., who died last Tuesday at the Cannon County Courthouse.
"Known throughout the region for his fairness, the honorable judge became quite popular in the judicial community during his 32 years on the bench," the paper writes. "Clayton set an example of a life lived well, in the courtroom and the community." |
Read the editorial
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| Passages |
| Longtime Sevierville attorney Jerry Galyon dies |
| Sevierville attorney Jerry Galyon died May 5, a week after suffering an apparent stroke while at the Sevier County Courthouse. He was 72.
Galyon suffered a seizure in the courthouse April 27 and was taken to an area hospital, where he died shortly after noon on Thursday. Services were Saturday and Sunday. Read his obituary from The Mountain Press. He was a graduate of the University of Tennessee College of Law and was a practicing attorney in Sevier County since 1969.
Known as a hard-worker and dedicated advocate, Circuit Court Judge Rex Henry Ogle recalls Mr. Galyon's long hours at the office:
"I used to fuss at him and he'd say 'I've got people counting on me.'"
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Learn more about Mr. Galyon from The Mountain Press
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| Disaster Relief |
| Free CLE for lawyers handling disaster cases |
| The Tennessee Bar
Association will offer a one-hour free CLE webcast on May 13 about the legal issues
related to handling contractor/home repairs in Tennessee. The session will
include a discussion of home solicitation sales by contractors and how the
Tennessee Consumer Protection Act protects consumers from predatory
contractors. This free program -- which will help lawyers handle
disaster-related pro bono cases -- is accredited for one hour of continuing
legal education. The course is being offered free by the TBA as a public service for attorneys who provide pro bono
assistance.
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Register for the webcast here
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| Upcoming |
| Eric Holder and 'drug czar' to speak at Tenn. rehab facility |
| U.S. Attorney General Eric H. Holder Jr. and Gil Kerlikowske, director of the White House Office of National Control Policy, will speak in Chattanooga May 25, to celebrate the opening of a new rehabilitation facility.
The Next Door Inc., a Nashville-based nonprofit corporation, provides residential and outpatient treatment services for women emerging from incarceration and other crisis situations. The event will be at 108 Moccasin Bend Road, from 3 to 4 p.m.
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Find out more from The Next Door Inc.
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| Convention hotel deadline approaching |
| The deadline for securing a room during the Tennessee Bar Association's 130th Annual Convention in Chattanooga is fast approaching. To guarantee a room at The Chattanoogan -- an urban resort located in the heart of the city -- make your reservations by May 21. The hotel's urban setting, combined with the elegant accommodations,
exceptional dining and outstanding leisure activities available within it, defines The Chattanoogan as one of the most distinctive destinations in the Southeast.
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Get more details and register here
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| TBA Member Services |
| Earn rewards with Budget car rentals |
| Tennessee Bar Association members who rent with Budget twice for two consecutive days on each rental before Dec. 31 can receive $25 to put toward their next car rental. To take part in the promotion, first enroll in the Budget Fastbreak counter bypass program. After enrolling, visit Budget Bucks to get full terms and conditions of this promotion and to sign up.
Also remember that with your Tennessee Bar Association Budget Customer Discount Code you can receive up to 20 percent off your rentals. |
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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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