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| Friday, May 13, 2011 |
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CLE success: Webcast for lawyers handling disaster cases
Lawyers from across Tennessee today learned how to handle certain disaster-related issues -- and got a free hour of CLE credit, too.
The Tennessee Bar Association hosted the webcast about the legal issues related to handling contractor/home repairs in Tennessee, including a discussion of home solicitation sales by contractors and how the Tennessee Consumer Protection Act protects consumers from predatory contractors. More than 70 lawyers have signed up for the course, which is offered free by the TBA as a public service for attorneys who provide pro bono assistance.
It's not too late! You can still see the webcast here
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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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
04 - TN Court of Appeals
02 - 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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CITY OF MEMPHIS v. CLIFTON CATTRON, JR., and CIVIL SERVICE COMMISSION
Court: TCA
Attorneys:
Herman Morris, Jr. and Zayid A. Saleem, Memphis, Tennessee, for the appellant, City of Memphis.
Darrell J. O'Neal and LaShawn A. Williams, Memphis, Tennessee, for the appellees, Clifton Cattron, Jr., and Memphis Civil Service Commission.
Judge: STAFFORD
This is an appeal from the decision of the City of Memphis Civil Service Commission reversing the decision to terminate Clifton Cattron's employment with the City of Memphis. After a thorough review of the record, we affirm the Civil Service Commission's decision that the City of Memphis lacked a reasonable basis for terminating Mr. Cattron's employment.
http://www.tba2.org/tba_files/TCA/2011/cattronc_051311.pdf
RANDALL C. HAGY V. STATE OF TENNESSEE, ET AL.
Court: TCA
Attorneys:
Randall C. Hagy, Bristol, Tennessee, pro se appellant.
Robert E. Cooper, Jr., Attorney General and Reporter, Benjamin Arthur Whitehouse, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee.
Kenneth D. Hale, Bristol, Tennessee, for the appellee, Charles G. Brown, Inc., d/b/a Uncle Sam's Loan Office.
Judge: FRANKS
A show cause order was entered in this case on January 31, 2011, directing the pro se appellant to show cause why this appeal should not be dismissed for lack of jurisdiction
based upon the untimely filing of the notice of appeal. The appellant has failed to respond to the show cause order. The record supports that the notice of appeal was filed untimely.
Accordingly, we dismiss the appeal.
http://www.tba2.org/tba_files/TCA/2011/hagyr_051311.pdf.pdf
HAROLD B. SCHAFFER v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL.
Court: TCA
Attorneys:
Harold B. Schaffer, Nashville, Tennessee, pro se
Robert E. Cooper, Jr., Attorney General and Reporter, Kellena Baker, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Correction, et al
Judge: HIGHERS
Appellant was found guilty of a disciplinary offense while in the custody of the Tennessee Department of Correction. The chancery court granted Appellant's petition for writ of
certiorari, and, finding no entitlement to relief based upon the administrative record, it dismissed the petition. Appellant appeals, and we affirm.
http://www.tba2.org/tba_files/TCA/2011/schafferh_051311.pdf
TONY WILLIAMS, ET AL. v. TENNESSEE FARMERS LIFE REASSURANCE COMPANY, ET AL.
Court: TCA
Attorneys:
Robert B. Littleton, Nashville, Tennessee, for the appellant, Tennessee Farmers Life Reassurance Company.
C. Tim Tisher, Columbia, Tennessee, for the appellees, Tony Williams and Angela Williams.
Judge: FARMER
Defendant insurance company denied benefits under policy of life insurance, alleging the decedent made material misrepresentations in her application for insurance. The trial court found the decedent did not make misrepresentations on her application, and entered judgment in favor of Plaintiffs.
Defendant insurance company appeals. We dismiss the appeal for lack of a final judgment.
http://www.tba2.org/tba_files/TCA/2011/williamst_051311.pdf
JAMES JOHNSON, JR. v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Gregg Carman, Memphis, Tennessee, for the appellant, James Johnson, Jr.
Robert E. Cooper, Jr., Attorney General and Reporter, Brian Clay Johnson, Assistant Attorney General; William L. Gibbons, District Attorney General, and Rachel Newton, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
Petitioner, James Johnson, Jr., was convicted by a Shelby County Jury for one count of second degree murder, and the trial court sentenced Petitioner to twenty-three years. State
v. James Johnson, No. W2003-02009-CCA-R3-CD, 2004 WL 2378256, at *1 (Tenn. Crim. App., at Jackson, Oct. 20, 2004), perm. app. denied, (Tenn. Mar. 21, 2005). On appeal, this
Court modified Petitioner's sentence to twenty-one years based upon the fact that the trial court had misapplied certain enhancement factors during sentencing. Id. at *14. On March 27, 2006, Petitioner subsequently filed a petition for post-conviction relief arguing that he received ineffective assistance of counsel. Following a hearing on the petition, the post-conviction court denied the petition. Petitioner appeals this decision. After a thorough review of the record, we conclude that Petitioner has not shown that trial counsel's
representation was ineffective. Therefore, we affirm the denial of the petition for post-conviction relief.
http://www.tba2.org/tba_files/TCCA/2011/johnsonj_051311.pdf
KEVIN MCFERREN v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Kevin McFerren, Memphis, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General, for the Appellee, State of Tennessee.
Judge: WILLIAMS
The Petitioner, Kevin McFerren, appeals the Criminal Court of Shelby County's dismissal of his pro se petition for post-
conviction relief and petition for writ of habeas corpus. The
State has filed a motion requesting that this Court affirm the trial court's dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant
the State's motion and affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/mcferrenk_051311.pdf
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| TODAY'S NEWS |
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Legal News
General Assembly News
Upcoming
Disciplinary Actions
TBA Member Services
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| Legal News |
| Harrington is new circuit judge in Blount County |
| Gov. Bill Haslam has selected Blount County Deputy District Attorney General Tammy Harrington to replace retiring Circuit Court Judge W. Dale Young. |
The Daily Times has more
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| Wells named special prosecutor in Knox law firm dispute |
| Sullivan County District Attorney General H. Greeley Wells Jr. has been appointed as a special prosecutor regarding the probe into a dispute between Charles Edward "Eddie" Daniel and his former law firm partners, including Michael S. Pemberton.
Pemberton filed a lawsuit in Knox County Chancery Court last year accusing Daniel of embezzling at least $600,000 from the firm, In a countersuit Daniel is seeking a $2 million judgment along with $10 million in punitive damages.
The case was assigned to Special Judge Jon Kerry Blackwood last week, but a hearing has not been set. |
The News Sentinel reports
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| Bill for Madoff recovery tops $43 million |
| The court-appointed lawyers working to recover money for victims of Bernard Madoff's Ponzi scheme want a judge to approve a $43.7 million legal bill, for work done over a recent four-month period.
A U.S. bankruptcy court judge will decide whether to approve it on June 1.
The documents reveal that firm Baker & Hostetler's lawyers were paid at an average rate of $437.89 per hour, while paralegals and library staff were paid a rate of $250 per hour, as they scoured the earth to recover money and assets stolen by Madoff.
All told, 285 lawyers and 66 paralegals and staffers worked on the case. |
WCYB.com carried this story
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| Group files FOIA suit for bin Laden pictures |
| Exactly two weeks after the capture and death of Osama bin Laden, the first Freedom of Information Act lawsuit was filed today seeking photographs and video from the encounter, which took place in Pakistan. Judicial Watch filed the complaint today at the U.S. District Court for the District of Columbia. |
The Blog of Legal Times has more
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| Mukasey says McCain account 'simply incorrect' |
| Former Attorney General Michael Mukasey is taking issue with Sen. John McCain's comments about the use of harsh interrogation techniques on detainees and whether information from them led to Osama bin Laden. "He strongly implied ... that this harsh interrogation was not only useless but also illegal. He is simply incorrect," Mukasey said. |
WREG has the story
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| Legal help for military families now available |
| The American Bar Association has created an online legal resource center for military families. The site features the national Directory of Programs, which is a state-by-state listing of programs and offices providing services that may be utilized by military families in need of legal help. |
Go to ABA Homefront
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| General Assembly News |
| Senate votes to overrule Nashville ordinance |
| State lawmakers have voted to reverse Metro Nashville's new anti-discrimination law, overruling a decision by city leaders last month to require contractors to follow Metro's rules that protect gay, lesbian and transgendered people. The state Senate voted 19-8 Thursday in favor of the Equal Access to Intrastate Commerce Act, a bill that bans local governments from requiring businesses to follow nondiscrimination rules that go beyond those laid out in state law. The state House approved the measure late last month. |
The Tennessean has the story
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| Editorials: Foreclosure legislation is bad law |
| In editorials today, the
Chattanooga Times Free Press and the
Crossville Chronicle speak out against legislation that would reduce the number of foreclosure notices lenders are required to publish in newspapers from three to two. It also would reduce the amount of information in the notice. "Tennessee is already one of the easiest and least expensive states to get a foreclosure," The Chronicle's editorial says. "The state shouldn't remove one of the few safeguards offered homeowners." |
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| Upcoming |
| Play depicts only war crimes trial of the Civil War |
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The Battle of Nashville Preservation Society, in partnership with
Lamplighters Theatre, presents the Civil War play "The Andersonville Trial"
June 17-18 in Nashville. The play tells the story of Captain Henry Wirz,
commander of a Confederate prison camp in Andersonville, Ga. and the only
officer from the North or the South who was tried and convicted for war
crimes during the Civil War. The play examines the moral issues of when
conscience should trump authority. Performances will take place in the historic Downtown
Presbyterian Church. Historian Thomas Flagel also will be hand to speak
about Civil War prisons at each of the three performances. Nashville lawyers
serving on the society's board include president Philip W. Duer, past
president James D. Kay, John B. Allyn, Judge Walter C. Kurtz and Thomas W.
Lawrence Jr.
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Learn more about the play and performance times
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| Disciplinary Actions |
| Mississippi lawyer reinstated |
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John Brian Hyneman, a lawyer in Oxford, Miss., was reinstated to the
practice of law in Tennessee on April 25 after paying his Board of
Professional Responsibility fees and required fines. |
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| Alabama lawyer censured |
| Alabama lawyer Daniel M. Hurst was censured on April 27 for practicing law in Tennessee while on inactive status. The Board of Professional Responsibility also found that Hurst sent ex parte letters to a judge in an attempt to sway the course of litigation in a relative's favor, made threatening and reckless statements about the judge, and refused to adequately respond to the board during the disciplinary investigation.
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Learn more from the BPR
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| Tullahoma lawyer censured |
| On April 28, Tullahoma lawyer Robert Thomas Carter received a public censure from the Board of Professional Responsibility. The board found that Carter failed to include a sentencing hearing transcript in a filing submitted to the Court of Criminal Appeals, as he had failed to advise his client of the necessity of having a court reporter present for the sentencing hearing.
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Read the BPR's press release
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| Nashville lawyer moved to inactive status |
| Nashville lawyer Elizabeth Byrn Fox requested that her law license be moved
to inactive status. That change of status was approved by Board of
Professional Responsibility on May 11. Prior to moving Fox's license to
inactive status, the board lifted a summary suspension that had been imposed
for non-payment of registration fees. The board acknowledged receipt of
Fox's back fees and associated fines. |
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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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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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