Wednesday, June 01, 2011
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43 apply for Judicial Nominating Commission

The Administrative Office of the Courts announced today that it received 43 applications for five Judicial Nominating Commission seats that will be vacated on June 30. Members of the public have until 4:30 p.m. Central time on June 15 to comment on the applicants. Once public comments have been received, the speakers of the state House and Senate will have 14 days to appoint new members. Once appointed, the new commissioners will serve six-year terms. The Judicial Nominating Commission is responsible for reviewing and recommending applicants for vacancies on the appellate and state trial courts for the governor's consideration.

See the list of applicants and their applications on the AOC website
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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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.
STATE OF TENNESSEE v. DARRYL DEWAYNE BONDS

Court: TCCA

Attorneys:

Robin Flores, Chattanooga, Tennessee, for the appellant, Darryl Dewayne Bonds.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William H. Cox, III, District Attorney General; and Neal Pinkston, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Darryl Dewayne Bonds, pleaded guilty to one count of reckless aggravated assault, a Class D felony. See Tenn. Code Ann. section 39-13-102(a)(2). Sentencing was left to the discretion of the trial court. After conducting a sentencing hearing, the trial court sentenced the Defendant as a Range I, standard offender, to four years to be served in the Department of Correction. In this appeal, the Defendant contends that the trial court erred in setting the length of his sentence and by denying alternative sentencing. After our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/bondsd_060111.pdf
ANDREW HELTON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Andrew Helton, Pro Se, Only, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Kim R. Helper, District Attorney General; and Deshea Dulany Faughn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Andrew Helton, appeals the habeas corpus court's order summarily dismissing his pro se petition for writ of habeas corpus. Following our review of the record, the parties' briefs, and applicable law, we affirm the court's judgment.

http://www.tba2.org/tba_files/TCCA/2011/heltona_060111.pdf
STATE OF TENNESSEE v. ALVIN PHILLIPS

Court: TCCA

Attorneys:

Dawn Deaner, District Public Defender; Emma Rae Tennent, Assistant District Attorney General; and Chase T. Smith, Assistant District Attorney General, Nashville, Tennessee, for the appellant, Alvin Phillips.

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Victor S. (Torry) Johnson III, District Attorney General; and Jennifer McMillen, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Appellant, Alvin Phillips, was indicted by the Davidson County Grand Jury for aggravated assault by the use or display of a deadly weapon. After a bench trial, Appellant was convicted of the charge. Appellant was later sentenced to four years as a Range I, standard offender. He was ordered to serve the sentence on supervised probation and attend domestic violence counseling. On appeal, he argues that the evidence was insufficient to sustain the conviction. After a review of the record, we determine that the evidence was sufficient to support the conviction. Accordingly, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2011/phillipsa_060111.pdf
STATE OF TENNESSEE v. BROOKE LEE WHITAKER

Court: TCCA

Attorneys:

Roger Clay Parker, Shelbyville, Tennessee, for the appellant, Brooke Lee Whitaker.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William Michael McCown, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Defendant, Brooke Lee Whitaker, was indicted for aggravated rape. Pursuant to a negotiated plea agreement, she was allowed to plead guilty to the lesser included offense of rape, with the trial court to determine the length of the sentence after a sentencing hearing. Defendant was sentenced to serve twelve years, and she appeals, arguing that the sentence is excessive. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/whitakerb_060111.pdf
STATE OF TENNESSEE v. LARRY ALAN WHITED and WILLIAM HENRY RUTHERFORD

Court: TCCA

Attorneys:

David R. Howard, Gallatin, Tennessee, for the appellant, William Henry Rutherford. Randy P. Lucas, Gallatin, Tennessee, for the appellant, Larry Alan Whited.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; Lawrence R. Whitley, District Attorney General; and Sallie Wade Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The co-defendants, Larry Alan Whited and William Henry Rutherford, appeal their resentencing, which resulted in their receiving effective sentences of forty-five years and twenty- seven years, respectively. Both defendants argue on appeal that the trial court misapplied enhancement factors, weighed the only applicable enhancement factor too heavily, and failed to apply an appropriate factor in mitigation. Following our review, we conclude that the trial court committed no error by not applying any factors in mitigation but that its use of the defendants' juvenile adjudications and violations of probation to enhance the sentences violates the principles announced in Blakely v. Washington, 542 U.S. 296 (2004). Accordingly, we modify the defendants' respective sentences for second degree murder to twenty-one years, one year beyond the presumptive midpoint of twenty years, and their sentences for reckless endangerment to one year and six months, six months beyond the presumptive minimum sentence of one year. In addition, we modify Whited's aggravated assault sentences to four years, one year beyond the presumptive minimum sentence of three years. This case is, therefore, remanded to the trial court for entry of modified sentences in accordance with this opinion.

http://www.tba2.org/tba_files/TCCA/2011/whitedl_060111.pdf
TODAY'S NEWS
Legal News
Disaster Relief
TBA Member Services
U.S. Supreme Court
Upcoming
Career Opportunities
TBA in the News
Legal News
Harrington to be sworn in Friday
Tammy Harrington, the newly appointed circuit court judge in the 5th Judicial District, will be sworn in by Gov. Bill Haslam at a formal investiture ceremony at 9 a.m. on June 3 at the Blount County Justice Center in Maryville. The public is invited to attend. Haslam appointed Harrington on May 13 to fill a vacancy created by the retirement of the late Judge W. Dale Young.
The AOC reported the news
Ceremony welcomes new attorneys
The Tennessee Supreme Court welcomed a new class of attorneys to the practice of law during ceremonies today at War Memorial Auditorium in Nashville. The new admittees passed the Tennessee Bar Exam in February. Following the ceremony, many of the new attorneys and their families enjoyed an open house and luncheon hosted by the TBA at the Tennessee Bar Center.
See photos from the ceremony
Memphis bankruptcy judge reappointed
Jennie Latta, a federal judge for the U.S. Bankruptcy Court in the Western District of Tennessee, has been reappointed by the Sixth Circuit Court of Appeals to another 14-year term. Latta joined the court in 1997, when she began a 14-year term that ended this year. Her new term will expire in March 2025.
Read a profile of Judge Latta in the Memphis Daily News
Legal Aid presents pro bono awards
Legal Aid of East Tennessee held its annual Pro Bono Night on May 26 to honor Chattanooga lawyers and law firms for their pro bono contributions. The firm of McWilliams & Gold was named Pro Bono Firm of the Year while Joseph Simpson with Husch Blackwell was named Pro Bono Volunteer of the Year. Other individual awards were presented as follows: Judge Jeffrey Hollingsworth, Equal Access to Justice Award; Rachel S. Fisher with the Scenic City Legal Group, Pro Bono Advocacy Award; Amanda Branam Rogers with Luther-Anderson, Pro Bono Excellence Award; and Jamie M. Carpenter with McWilliams & Gold, Pro Bono Paralegal of the Year Award.
Court to sell recording of health care case
The federal appeals court in Atlanta will allow the recording of oral arguments in the health care overhaul case so copies can be sold to the public. A three-judge panel of the 11th Circuit Court of Appeals issued a ruling Tuesday that suspends a ban on audio devices in the courtroom for the June 8 arguments although electronic devices for the general public are still banned. A court memo says officials plan to sell CDs of the recordings for $26.
WRCB-TV Chattanooga reports
Blind student sues over law school admission test
A blind Michigan man, rejected by three law schools after scoring poorly on the Law School Admission Test (LSAT), is suing the American Bar Association, arguing that the group's exam requirements discriminate against the visually impaired. The suit claims that such students face considerable difficulties with visually oriented parts of the exam and have no alternative for proving themselves. In a statement issued today, the ABA counters that it does not require law schools to use the LSAT and leaves it to schools to decide how to weigh any admission test and determine which applicants to admit.
WSMV News 4 has the story
Disaster Relief
Additional counties designated disaster areas
Seven additional counties have been designated as federal disaster areas and now are eligible to receive assistance, including free legal advice. On May 26, Gibson and Lauderdale counties were approved for assistance, while Carroll, Crockett, Hardin, Henry and Madison counties were approved on May 27. The addition of these counties brings to 22 the total number designated as disaster areas. Victims of this spring's storms, tornadoes and flooding may call (888) 395-9297 to request legal assistance. Victims who qualify for help will be matched with Tennessee lawyers who have volunteered to provide assistance.
Learn more about the disaster legal services hotline
TBA Member Services
June TBJ covers employment issues, more
In the June issue of the Tennessee Bar Journal, Mark C. Travis details amendments to the Americans with Disabilities Act and what they mean. Justin Gilbert and Edward G. Phillips add to the employment law focus with articles on Gossett, Baxter and Staub. TBA President Sam Elliott writes his farewell column, wrapping up this year of glimpses into our state's legal history. Monica Franklin addresses the delicate balance of conservatorships and Don Paine discusses counterclaims. Lewis Laska's book, Legal Executions in Tennessee, is reviewed and Bill Haltom has a serious issue with traffic cameras.
Look for the Journal in your mail or see it online
U.S. Supreme Court
Justice Breyer breaks collarbone
U.S. Supreme Court Justice Stephen Breyer broke his right collarbone in a bicycle accident over the weekend, but the mishap did not prevent him from speaking in New York City on Tuesday evening. Breyer was not in court Tuesday morning, but a spokesperson said the absence was unrelated to the accident.
TriCities.com has this AP story
Upcoming
Event Thursday raises money for pro bono group
The Arts and Business Council of Nashville is partnering with the Nashville Bar Association Young Lawyers Division to host an "Arts Immersion" night at the Nashville Farmer's Market tomorrow (June 2) from 6:30 to 9 p.m. Proceeds benefit Volunteer Lawyers & Professionals for the Arts, which provides free legal advice to artists and arts organizations of all disciplines.
Tickets are available here
Career Opportunities
State health department seeks transactional lawyer
The Tennessee Department of Health, Office of General Counsel is seeking an attorney to handle transactional work such as contract, grant and document review; information and records management; employment law; human resources; risk management; and administrative rule making. Experience in one or more of these areas is preferred. Interested candidates should send a resume and writing sample to barbara.e.west@tn.gov before June 3.
Read more about the position on JobLink
TBA in the News
Blog covers flood webcasts
Recently the Tennessee Bar Association won a national competition for a series of webcasts produced after the May 2010 floods in Middle Tennessee. Within days, the TBA's efforts encouraged and allowed more than 200 area lawyers to sign up to give legal service to the victims, most of whom did not carry flood insurance. "Close to 150 people watched live and 219 more viewed it within the next two weeks, breaking the association's previous viewing records," World of Webcast reports.
Read more here
Paper explores growth in single dad parenting
An article in today's Tennessean explores recent trends that suggest an increasing number of dads are handling the responsibilities of single parenting. Jeff Levy, chair of the TBA's Family Law Code Committee, says that the advent of parenting plans, supported by the TBA more than a decade ago, started a movement. "It made people aware that the old one-size-fits-all [for custody arrangements] wasn't really appropriate...The fact that you have more single dads goes to show the courts are recognizing good parenting wherever they find it."
Read the article here

 
 
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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.
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