Thursday, June 02, 2011
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Unauthorized practice of law case filed

A Brentwood woman running a Nolensville Pike business has been accused of deceptively providing legal help on immigration forms. The state attorney general's office filed suit yesterday in Davidson County Circuit Court charging that Martha Salazar, owner of Comunida Hispana, is not a lawyer and is in violation of the Tennessee Consumer Protection Act. The suit accuses her of drafting powers of attorney and legal contracts as well as filling out immigration forms.

The Tennessean has more
TODAY'S OPINIONS
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ODELL BINKLEY v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE

Court: TCA

Attorneys:

William B. Herbert IV and Robert Wheeler Rutherford, Nashville, Tennessee, for the appellant, Odell Binkley.

Lora Barkenbus Fox and Paul Jefferson Campbell II, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County, Tennessee.

Judge: BENNETT

The appellant sought a special exception to establish a waste transfer facility. The Metro Council, pursuant to its authority under the Metropolitan Code, disapproved of the proposed location. The appellant sought a writ of certiorari and the trial court dismissed the appeal. The appellant appealed to this court. We affirm the trial court.

http://www.tba2.org/tba_files/TCA/2011/binkleyo_060211.pdf
VICTOR W. ISAAC, M.D. v. THE CENTER FOR SPINE, JOINT, AND NEUROMUSCULAR REHABILITATION, P.C.

Court: TCA

Attorneys:

Anne C. Martin, Nashville, Tennessee, for the appellant, Victor W. Isaac, M.D.

H. Rowan Leathers, III, for the appellee, The Center for Spine, Joint, and Neuromuscular Rehabilitation, P.D.

Judge: CLEMENT

In this employment contract dispute, the plaintiff seeks to recover a bonus from his former employer. He asserts the defendant breached the contract by failing to pay a bonus as provided in the employment agreement; alternatively, he asserts a claim for promissory fraud. The trial court summarily dismissed plaintiff's breach of contract claim. Following a bench trial on the promissory fraud claim, the trial court ruled in favor of the defendant and ordered plaintiff to pay defendant $64,471.86 in attorney fees pursuant to the employment agreement. We affirm and remand with instructions that the defendants be awarded reasonable and necessary attorney fees incurred on appeal.

http://www.tba2.org/tba_files/TCA/2011/isaacv_060211.pdf
BENEDICTA KURUNWUNE OBI v. GEORGE OBI
With Concurring Opinion

Court: TCA

Attorneys:

George Obi, Nashville, Tennessee, Pro Se.

Phillip L. Davidson, Nashville, Tennessee, for the appellee, Benedicta Kurunwune Obi.

Judge: COTTRELL

The trial court granted the wife a judgment of divorce after the husband failed to respond to requests for discovery and a motion to compel. After the judgment became final, the husband, who had been represented by counsel earlier in the proceedings, filed a pro se Rule 60 motion for relief, arguing that he was deprived of proper notice because the address on the certificates of service appended to each unanswered motion and notice was not accurate, with the result that he did not receive the motions and notices. The trial court denied the husband's Rule 60 motion, but since husband's address was incorrect on the certificates of service, we conclude the trial court erred and should have granted the husband relief from the parenting plan and child support provisions of the judgment. Accordingly, we reverse the trial court's order as to those provisions and remand the case for further proceedings.

http://www.tba2.org/tba_files/TCA/2011/obib_060211.pdf

CLEMENT concurring
http://www.tba2.org/tba_files/TCA/2011/obib_CON_060211.pdf
YOUNG BOK SONG v. TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES, ET AL.

Court: TCA

Attorneys:

Young Bok Song, Nashville, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter, Joseph F. Whalen, Associate Solicitor General, and Janet M. Kleinfelter, Deputy Attorney General, Nashville, Tennessee, for the State of Tennessee and the Tennessee Department of Children's Services.

Judge: MCCLARTY

The petitioner, Young Bok Song ("Song"), a prisoner serving a 65-year sentence resulting from convictions for rape of a child and aggravated sexual battery, filed a petition for declaratory judgment, requesting that the Tennessee Department of Children's Services ("DCS") be directed to release to him copies of its investigative records from his criminal case. The trial court dismissed the petition on the grounds of sovereign immunity and failure to state a claim upon which relief can be granted. Song appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2011/songy_060211.pdf
STATE OF TENNESSEE v. LEON BOOKER

Court: TCCA

Attorneys:

Timothy Boxx, Assistant District Public Defender, for the appellant, Leon Booker.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; C. Phillip Bivens, District Attorney General; and Charles Dyer, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

A Dyer County Circuit Court jury convicted the defendant, Leon Booker, of two counts of driving while his driver's license was revoked, second or subsequent offense. See T.C.A. section 55-50-504. The trial court imposed concurrent sentences of 11 months and 29 days, to be served as six months' incarceration followed by placement in a community corrections program. In this appeal, the defendant challenges the sufficiency of the convicting evidence. Finding no evidentiary insufficiency, we affirm.

http://www.tba2.org/tba_files/TCCA/2011/bookerl_060211.pdf
JAMES DANIELS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Heather N. McCoy, Sevierville, Tennessee, for the appellant, James Daniels.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; Al Schmutzer, Jr., District Attorney General, and James B. Dunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, James Daniels, was convicted by a Cocke County jury of first degree murder and attempted second degree murder. He was sentenced to concurrent sentences of life in prison and twelve years, respectively. Petitioner's convictions were affirmed on direct appeal and the supreme court denied permission to appeal. State v. James Wesley Daniels, No. E2006-01119-CCA-R3-CS, 2007 WL 2757636 (Tenn. Crim. App., at Knoxville, Sept. 24, 2007), perm. app. denied, (Tenn. Feb. 4, 2008). Subsequently, Petitioner sought post-conviction relief on the basis of ineffective assistance of counsel. After a hearing on the petition, the post-conviction court dismissed the petition for relief. Petitioner appeals. After a review, we determine that Petitioner has failed to present clear and convincing evidence 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/danielsj_060211.pdf
STATE OF TENNESSEE v. TERRENCE SHAW

Court: TCCA

Attorneys:

Larry E. Fitzgerald, Memphis, Tenenssee, for the appellant, Terrence Shaw.

Robert E. Cooper, Jr., Attorney General and Reporter, J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General, and Anita Spinetta, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Terrence Shaw, was indicted by the Shelby County Grand Jury for reckless endangerment with a deadly weapon. After a jury trial, Appellant was found guilty of misdemeanor reckless endangerment, a lesser included offense. The trial court sentenced Appellant to six months and ordered Appellant to serve the sentence on probation. The trial court denied Appellant's request for judicial diversion. On appeal, Appellant claims that the trial court improperly denied judicial diversion and that the evidence was insufficient to support the conviction. After a review of the record, we determine that the evidence was insufficient to support the conviction. Consequently, the judgment of the trial court is reversed, Appellant's conviction is vacated, and the charge is dismissed. In the event of a further appeal, we determine that the trial court did not abuse its discretion by denying judicial diversion.

http://www.tba2.org/tba_files/TCCA/2011/shawt_060211.pdf
MACK TRANSOU v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Mack Transou, pro se, West Tennessee State Penitentiary, Henning, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; James G. Woodall, District Attorney General; and Alfred Lynn Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The pro se petitioner, Mack Transou, appeals the trial court's denial of his petition for writ of certiorari or, in the alternative, petition for writ of error. After reviewing the record, the parties' briefs, and the applicable law, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/transoum_060211.pdf
TODAY'S NEWS
Legal News
General Assembly News
U.S. Supreme Court
Career Opportunities
Passages
Disciplinary Actions
Upcoming
TBA Member Services
Legal News
New Supreme Court 'hot list' available
The Raybin-Perky Tennessee Supreme Court Hot List reviews three new cases where review has been granted this week. This includes three civil cases involving joinder of co-defendants after comparative liability is raised, federal preemption and discretionary functions, and "paternity fraud."
Read more here
Threatening letter meant for Judge Stern
Last Wednesday, the Hamilton County Court Building was evacuated after a letter was opened that had a white powdery substance inside. It was sent with a threatening note to Judge Rebecca Stern but never made it past the deputy clerk's desk. The letter, which was signed, was apparently from a prisoner. The powdery substance turned out to be coffee creamer. Stern said she suspects she was the prosecutor who handled the inmate's case.
News Channel 9 has the story
Obama to address judicial vacancy crisis
Some of the empty seats in federal courthouses across the United States may finally be getting filled according to a statement from a presidential spokesperson that says "The president believes we must actively address the judicial vacancy crisis." There are 90 vacancies in federal courts. One possible reason for the refocus could be the looming 2012 presidential election and the desire to get as many judges through as possible before campaigning begins.
WREG-TV Memphis has this Reuters story
Bauer out, Ruemmler in as White House counsel
White House Counsel Bob Bauer announced today that at the end of the month he is returning to private practice, where he will represent Obama as his personal attorney and serve as general counsel to the re-election campaign. He will be replaced by his top deputy, Kathy Ruemmler, a former assistant U.S. attorney best known as a lead prosecutor in the Enron fraud case.
Learn more about Ruemmler in this AP story on Tri-Cities.com
Chattanooga attorney scales Mount Kilimanjaro
To prove he is not yet over the hill, Chattanooga attorney Hu Hamilton scaled Mount Kilimanjaro to celebrate his 60th birthday. A recent story in the Hamilton County Herald tells the tale of his adventure. Hamilton, a 1987 graduate from the Mercer University School of Law, is a personal injury trial lawyer with a particular focus on catastrophic injuries.
Read about his trip
General Assembly News
Tennessee is first state to adopt password sharing ban
Before leaving town earlier this month, state lawmakers passed a groundbreaking measure that makes it a crime to use a friend's login -- even with permission -- to listen to songs or watch movies from services such as Netflix or Rhapsody. The legislation was aimed at hackers and thieves who sell passwords in bulk, but sponsors acknowledge it could be employed against people who use a friend's or relative's subscription.
The Commercial Appeal reports
Bill opens door to corporate donations
A new Tennessee law not only brings the state in line with a U.S. Supreme Court campaign finance ruling, but goes a step further by allowing businesses to donate directly to candidates. Several states have changed their laws to comply with the court ruling, but it appears Tennessee is alone in opening the door to direct corporate donations, which now will fall under the same rules and limits as political action committees. Gov. Bill Haslam signed the bill into law yesterday.
The News Sentinel has the story
U.S. Supreme Court
Alito says he should have recused himself in 2008
U.S. Supreme Court Justice Samuel A. Alito Jr. says he should have recused himself in a 2008 case upholding a ban on "fleeting expletives" in television programs because he owned about $2,000 worth of stock in ABC's parent company Walt Disney Co. at the time. Alito said his participation was an oversight and a mistake.
Read more in the ABA Journal
Career Opportunities
Labor Dept. seeks workers' comp administrator
The Tennessee Department of Labor & Workforce Development is seeking a workers' compensation administrator in its Nashville office. The position is responsible for the Tennessee Workers' Compensation Division. Duties include program review, financial management, long-term planning and overall personnel management of 144 staff statewide. Eligible candidates should have at least five years experience and be deemed by the business and labor communities as a person of good standing and reputation.
Learn more in the job posting online
Passages
Memphis lawyer dies
Memphis lawyer Stephen P. Hale, 54, died May 27. Hale was managing member of The Hale Law Group, which specialized in consumer and commercial bankruptcies and commercial litigation. He earned his law degree from the University of Memphis in 1982 and began his career as a prosecutor in Arkansas. He returned to Memphis in 1984, practiced with several firms and then formed The Hale Law Group. The family requests that donations be sent to the Make-A-Wish Foundation of the Mid-South, 1780 Moriah Woods Blvd., Suite 10, Memphis 38117 or St. Jude Children's Research Hospital, 262 Danny Thomas Place, Memphis 38105.
Read more about his life in the Commercial Appeal
Disciplinary Actions
Knoxville lawyer suspended
On June 1, the Tennessee Supreme Court suspended Knoxville lawyer Herbert S. Moncier for 11 months and 29 days, with the first 45 days to be served on active suspension and the remaining time to be served on probation. The court also imposed the following conditions: Moncier must complete an additional 12 hours of ethics CLE, work with a practice monitor for the duration of the probation period, and pay the costs of his disciplinary proceeding. The court found that Moncier violated the Rules of Professional Conduct by engaging in a conflict of interest and engaging in conduct intended to disrupt a court proceeding.
Download the BPR's notice
Upcoming
National association plans meeting in Memphis
The Association of Transportation Law Professionals will hold its 82nd Annual Meeting June 24-28 in Memphis. The keynote speaker at the event will be William J. Logue, president and CEO of FedEx Freight. Presenters include Memphis lawyer Lucian T. Pera with Adams and Reese, and Larry Cox, president and CEO of the Memphis International Airport. For more information about the meeting and the association visit ATLP's website.
Learn more here
TBA Member Services
Use the TBA rewards card
A Tennessee Bar Association Platinum Plus MasterCard credit card from Bank of America rewards you for the things you buy anyway. You also have the chance to show your support for Tennessee Bar Association every time you present your card. To apply, call toll-free 1.866.438.6262 or
click here for more information.

 
 
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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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