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| Thursday, May 19, 2011 |
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Justice White funds new law school scholarship
The Tennessee Judicial Conference Foundation today announced the establishment of a new scholarship for law school students at the University of Tennessee College of Law. The $1,000 legacy scholarship is funded by former Supreme Court Justice Penny White, who now serves as a law professor at the University of Tennessee. The first White Scholarship will be awarded to a University of Tennessee law student in fall 2011. The scholarship will be awarded through the university's established scholarship application and review process. White first served on the bench as a circuit court judge in the First Judicial District. She was appointed to the Tennessee Court of Criminal Appeals and then to the Tennessee Supreme Court before beginning her teaching career at the college.
Read more from the AOC
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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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JANICE DAVIS BOELTER and RICHARD DAVIS v. JACKIE CURTUS REAGAN, ET AL.
Court: TCA
Attorneys:
Michael R. Jennings, Lebanon, Tennessee, for the appellants, Janice Davis Boelter and Richard Davis.
Brody N. Kane, Angel P. Kane, Lebanon, Tennessee, for the appellee, Jackie Curtus Reagan.
Judge: HIGHERS
Decedent executed a will in 1988 which could not be found upon her death. Decedent's stepchildren sought to establish a copy of the 1988 will as Decedent's last will and testament, but the trial court found that they had failed to rebut the presumption that the will had been destroyed and revoked. We find that Appellants failed to prove that Decedent did not revoke her will. Accordingly, we affirm the trial court's involuntary dismissal of Appellants' claim as well as its order that Decedent's Estate be administered as an intestate estate.
http://www.tba2.org/tba_files/TCA/2011/boelterj_051911.pdf
WAYFORD DEMONBREUN, II v. STATE OF TENNESSEE
Court: TCA
Attorneys:
Wayford Demonbreun, II, Pikeville, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter, and Nicholas W. Spangler, Assistant Attorney General, for the appellee, State of Tennessee.
Judge: CLEMENT
This petition was filed as a common law writ of certiorari in the circuit court of Davidson County to challenge the validity of the petitioner's 1998 felony convictions in the criminal
court of Davidson County. The circuit court dismissed the writ finding it lacked jurisdiction to consider the petition and that the claims pertain to actions governed by the Tennessee
Rules of Appellate Procedure for which there is no relief under a common law writ of certiorari. We affirm.
http://www.tba2.org/tba_files/TCA/2011/demonbreunw_051911.pdf
PATTI ZAKOUR, A/K/A PATTI SMITH, DECEASED, BY NEXT OF KIN, INDIVIDUALLY AND AS NATURAL CHILDREN, NEXT FRIEND AND ON BEHALF OF ANY AND ALL WRONGFUL DEATH BENEFICIARIES OF PATTI ZAKOUR, A/K/A PATTI SMITH, DECEASED v. UT MEDICAL GROUP, INC.
Court: TCA
Attorneys:
Daniel A. Seward, Memphis, Tennessee, for the appellants, Patti Zakour, deceased, by next of kin, Jacob Shores, Eric Nelson, Leif Nelson and Misty Nelson.
John H. Dotson and Michael L. Robb, Memphis, Tennessee, for the appellee, UT Medical Group, Inc.
Judge: FARMER
The trial court granted Defendant's motion to set aside the judgment arising from a jury verdict in favor of Plaintiffs in this medical malpractice/wrongful death action. It also
conditionally granted Defendant's alternative motion for a new trial. In light of Abshure v. Methodist Healthcare, we vacate the judgment and remand for further proceedings.
http://www.tba2.org/tba_files/TCA/2011/zakourp_051911.pdf
STATE OF TENNESSEE v. CARLTON HORTON, aka CARLTON LEAVON HORTON
Court: TCCA
Attorneys:
W.B. Mitchell Carter, Chattanooga, Tennessee, for the appellant, Carlton Horton, aka Carlton Leavon Horton.
Robert E. Cooper,, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William H. Cox, III, District Attorney General; and William Hall,
Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WELLES
The Defendant, Carlton Horton, aka Carlton Leavon Horton, pleaded guilty in the Hamilton County Criminal Court to domestic aggravated assault as a Range I, standard offender. After a sentencing hearing, he received a five-year sentence. The trial court ordered him to serve eleven months and twenty-nine days; the sentence thereafter to be suspended, and the Defendant placed on probation for a period of eight years. The trial court also ordered the Defendant to pay $4,048.10 in restitution to the victim. The Defendant now appeals the restitution award, arguing that the trial court did not consider the Defendant's financial resources or ability to pay as required by statute. We conclude that the trial court made inadequate findings concerning the Defendant's financial resources and his future ability to pay. We therefore reverse and remand for reconsideration of the restitution award based upon the required findings.
http://www.tba2.org/tba_files/TCCA/2011/hortonc_051911.pdf
RICKY JOHNSON, AKA RUSSELL WELLINGTON, #122766 v. HOWARD CARLTON, WARDEN and STATE OF TENNESSEE
Court: TCCA
Attorneys:
Ricky Johnson, aka Russell Wellington, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; and Anthony Clark, District Attorney General, for the appellee, State of
Tennessee.
Judge: WELLES
The Petitioner, Ricky Johnson, aka Russell Wellington, #122766, appeals the summary dismissal of his second petition for habeas corpus relief from his 1989 convictions for
burglary of an automobile and grand larceny. He claimed that his convictions were void because venue in the convicting county was not proved. Because the Petitioner has not
shown that he is restrained of his liberty as a direct consequence of these convictions, we affirm the order of the Johnson County Circuit Court dismissing the petition.
http://www.tba2.org/tba_files/TCCA/2011/johnsonr_051911.pdf
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| TODAY'S NEWS |
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Legal News
Passages
General Assembly News
Disaster Relief
TBA Member Services
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| Legal News |
| Video conferencing saves money for courts, jails |
| Tennessee is saving about $50,000 thanks to the use of video conferencing between attorneys and their incarcerated clients. According to the Davidson County courts, about 118 Nashville lawyers have used a videoconference room at the courthouse to meet with clients jailed across the state. In addition, the local sheriff's office reports it is saving about $300,000 a year in transportation and personnel costs.
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The Tennessean reports
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| Drug court pushing for new funding formula |
| Rutherford County Drug Court serves the third largest number of clients in the state, yet according to local officials, its share of funding is far below that of the state's four largest counties. Drug court leaders and Rutherford County legislators are trying to fix that disparity by rewriting the formula for allocating drug court money in the state. |
Read more in the Tennessean
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| ABA says immigration system is in crisis |
| Karen Grisez, chair of the ABA Commission on Immigration, told members of the U.S. Senate Judiciary Committee yesterday that the nation's immigration system "is in crisis, overburdened and under-resourced." She pointed out that the number of noncitizens removed from the country increased more than 450 percent from 1996 to 2009 without a commensurate increase in resources for courts. Grisez recommended the hiring of more immigration judges and law clerks, expanding access to legal counsel for non-citizens, and increasing prosecutorial discretion in pursuing cases. |
Read more from her testimony on the ABA website
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| MBA seeking additional offices for summer interns |
| More than 80 high school students applied for the 2011 Memphis Bar Association Summer Law Intern Program, but only 45 offices have agreed to host students for the June 13 to July 8 program. Legal employers interested in hiring a minority student intern should contact MBA Executive Director Anne Fritz at (901) 527-3573 or afritz@memphisbar.org. |
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| TBI releases first state study of trafficking |
| The Tennessee Bureau of Investigation yesterday released the first statewide study of sex trafficking. With the help of Vanderbilt University, researchers gathered data on the number of cases in the state and interviewed victims of trafficking crimes. The effort also used focus groups to generate ideas on how to better identify and help victims, and how to fix gaps in laws and the judicial system. |
Learn more from WDEF News Channel 12
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| Passages |
| Retired Chattanooga lawyer dies |
| Long-time Chattanooga defense attorney Leroy Phillips, 76, died early this morning. Phillips, who retired in 2005 from practicing law at the firm of Phillips & Caputo, was a fixture in Hamilton County courtrooms for more than 40 years. He achieved national prominence when he coauthored the book Contempt of Court with former Chattanooga Times writer Mark Curriden. The book recounts the 1906 lynching of Ed Johnson in Chattanooga. |
Read more about him in the Chattanoogan.com
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| Services Friday for Judge David Brand |
| The family of Judge David L. Brand will receive friends from 4 to 7 p.m. Friday at First Baptist Church, 202 East Main Blvd., Church Hill, Tenn. A memorial service will follow.
Brand, 73,
died May 18.
In lieu of flowers, donations may be made to First Baptist Church of Church Hill building fund or to New Fellowship Baptist Church building fund, 614 Old Stage Rd., Church Hill 37642. |
Learn more from Johnson Funeral Home
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| General Assembly News |
| House votes to overturn anti-discrimination law |
| Legislation to overturn Metro Nashville's anti-discrimination law passed the state House yesterday for the second time. The move was necessary to approve a severability provision added by the Senate. The measure, HB600, prohibits local governments from extending discrimination policies to groups not covered by state law. It was triggered by the metro council's decision to prohibit city contractors from discriminating on the basis of gender identity and sexual orientation -- two classes that are not protected under state law.
The measure has now headed to Gov. Bill Haslam's desk. |
Learn more in the Tennessean
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| Disaster Relief |
| Memphis lawyers offer pro bono training |
| The Memphis Bar Association's Access to Justice Committee is preparing to provide pro bono legal assistance to area residents affected by recent flooding. A seminar to train volunteer attorneys will be held June 2 at the MBA office, 80 Monroe Avenue, Suite 220, Memphis 38103. It also will be available as a webcast. The seminar is free for those who agree to handle pro bono disaster cases. |
Download a registration form
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| Washington County lawyers hold public seminars |
| At the request of the Washington County Mayor's office, the Lawyers Helping People Committee of the Washington County Bar Association is holding two disaster relief seminars for residents affected by recent storms. The first session will be May 23 at 7 p.m. at the Fall Branch Volunteer Fire Department, 106 Ruritan Road, Fall Branch 37656. The second seminar will be May 24 at 7 p.m. at the South Central Ruritan, 2634 Highway 107, Chuckey 37641. Topics to be discussed include contracting scams, construction contracts and management of relief funds. Those unable to attend may seek help at the committee's free legal advice clinic held the first Saturday of each month. |
Learn more about these events
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| TBA Member Services |
| Office Depot Discounts |
| Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from the store. |
Find out more
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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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