Wednesday, June 29, 2011
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TBA Criminal Justice Section honors Ed Yarbrough

The Tennessee Bar Association Criminal Justice Section today honored Nashville attorney Ed Yarbrough with the section's Service Award. The award pays tribute to Yarbrough's distinguished career, which spans almost four decades and includes service as U.S. attorney for the Middle District of Tennessee, as assistant district attorney general for Davidson County, and as an attorney in private practice. The award was presented at a Tennessee Bar Center reception and featured remarks by a number of attorneys and judges, including 2010-2011 section chair and Davidson County District Attorney Torry Johnson, Davidson County Criminal Court Judge Randall Wyatt, Nashville lawyer Hal Hardin and former TBA President Larry Wilks.

See photos from the event on TBAConnect
TODAY'S OPINIONS
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TIMMY SYKES ET AL. v. CHATTANOOGA HOUSING AUTHORITY ET AL.

CORRECTED: On page 2 of the opinion, Robert Parsley's middle initial was changed from "P" to "F"

Court: TSC

Attorneys:

Michael A. Anderson, Chattanooga, Tennessee, for the appellants, Timmy Sykes and Curtis Greene.

Larry L. Cash, Stacie L. Caraway, and Robert F. Parsley, Chattanooga, Tennessee, for the appellees, Chattanooga Housing Authority and Jeff Hazelwood.

Wade B. Cowan, Douglas B. Janney III, Nashville, Tennessee, William B. Ryan, Memphis, Tennessee, Justin Gilbert, Jackson, Tennessee, and Jennifer B. Morton, Knoxville, Tennessee, for amicus curiae Tennessee Employment Lawyers Association.

Judge: LEE

The plaintiffs, former employees of the Chattanooga Housing Authority ("CHA"), brought retaliatory discharge actions against the CHA and the Chief of the CHA Public Safety Department, pursuant to the Tennessee Public Protection Act, Tennessee Code Annotated section 50-1-304 (2008 & Supp. 2010), and the Tennessee Human Rights Act ("THRA"), Tennessee Code Annotated section 4-21-301 (2005). The trial court granted the defendants summary judgment on all claims. On appeal, the Court of Appeals vacated summary judgment on the THRA claim, finding genuine issues of material fact, and affirmed the trial court's judgment in all other respects. We affirm the grant of summary judgment on the Tennessee Public Protection Act claims because the undisputed facts establish that the plaintiffs cannot prove the essential element of an exclusive causal relationship between the plaintiffs' whistleblowing activity and their discharge, as required by the statute. We also affirm the Court of Appeals' ruling vacating summary judgment in defendants' favor on the THRA claims because there are genuine issues of disputed fact making summary judgment improper

http://www.tba2.org/tba_files/TSC/2011/sykest_CORR_062911.pdf
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE v. RICHARD A. DEMONBREUN

Court: TCA

Attorneys:

Larry Lamont Crain, Brentwood, Tennessee, for the appellant, Richard A. Demonbreun. Richard A. Demonbreun argued on appeal.

Andrew David McClanahan, James William Jefferson Farrar, and Raleigh Alexander Dickerson, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County, Tennessee.

Judge: BENNETT

Property owner seeks review of the trial court's decision that two citations were properly issued against him because he did not have a permit for hosting historic home events on his property as required by the Metropolitan Government. We affirm.

http://www.tba2.org/tba_files/TCA/2011/demonbreunr_062911.pdf
STEVEN FULLER, BY HIS NEXT FRIEND, THERESA-VAY SMITH v. MARK EMKES, COMMISSIONER, TENNESSEE DEPARTMENT OF FINANCE AND ADMINISTRATION

Court: TCA

Attorneys:

Theresa-Vay Smith and Lenny L. Croce, Oak Ridge, Tennessee, for the appellant, Steven Fuller.

Robert E. Cooper, Jr., Attorney General and Reporter; Carolyn E. Reed, Assistant Attorney General; and Shayna Abrams, Senior Counsel, for the appellee, Mark Emkes, Commissioner, Tennessee Department of Finance and Administration.

Judge: CLEMENT

Petitioner, a teenager enrolled in the TennCare program, was denied coverage for orthodontic braces by the Tennessee Department of Finance and Administration ("TDFA"). Petitioner contends he qualifies for orthodontic treatment under Tenn. Comp. R. & Reg. 1200-13-13- .04(1)(b)6 due to a severe misalignment that constitutes a medical necessity. He also contends that Tenn. Comp. R. & Regs. 1200-13-13.04(1)(b)6, which limits orthodontic treatment to persons with "a handicapping malocclusion or another developmental anomaly or injury resulting in severe misalignment or handicapping malocclusion of teeth," is in conflict with the Early and Periodic Screening, Diagnosis and Treatment program in 42 U.S.C. Section 1396d(a)(4)(B) and in violation of the Medicaid Act, 42 U.S.C. Section 1396d(r)(5). TDFA contends that TennCare regulations provide orthodontic coverage consistent with federal law, that it correctly interpreted and applied its own regulations regarding Petitioner's request for orthodontic braces, and that the courts are to defer to the agency's interpretation of its own rules. The Chancery Court for Davidson County affirmed the administrative decision. We also affirm.

http://www.tba2.org/tba_files/TCA/2011/fullers_062911.pdf
H.J. HEINZ COMPANY, L.P. v. LOREN L. CHUMLEY, COMMISSIONER OF REVENUE, STATE OF TENNESSEE

Court: TCA

Attorneys:

Michael D. Sontag, Andrea Taylor McKellar and Stephen J. Jasper, Nashville, Tennessee, for the appellant, H.J. Heinz Company, L.P.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Jonathan N. Wike, Assistant Attorney General, for the appellee, Loren L. Chumley, Commissioner of Revenue, State of Tennessee.

Judge: FARMER

Plaintiff/Appellant H.J. Heinz Company, LP, is a Delaware limited partnership that manufactures, sells and distributes food products. Plaintiff operates a facility in Nashville, Tennessee. The issue in this case is whether Plaintiff's income from its investment in HJH One, LLC, is subject to taxation, on an apportionment basis, in Tennessee. The trial court determined that the earnings constituted business earnings as defined by the relevant statutes, and that the Department of Revenue's assessment of franchise and excise taxes on the earnings was constitutional. The trial court further determined that the apportionment formula used by the Department was correct. The trial court awarded summary judgment to the Commissioner, and Plaintiff appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2011/hjheinz_062911.pdf
VENUS L. LOWERY v. LARRY G. WOMBLE, II

Court: TCA

Attorneys:

Larry G. Womble, II, Lynchburg, Tennessee, Pro Se.

Terry D. Gregory, Tullahoma, Tennessee, for the appellee, Venus L. Lowery.

Judge: DINKINS

In this child-support matter, Father appeals the trial court's determination of his parenting time and income for the purpose of setting his child support obligation. Finding no error, we affirm.

http://www.tba2.org/tba_files/TCA/2011/loweryv_062911.pdf
STATE OF TENNESSEE, by and through Robert E. Cooper, Jr., Attorney General and Reporter for the State of Tennessee v. NV SUMATRA TOBACCO TRADING COMPANY

Court: TCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; and Joseph F. Whalen, Solicitor.

Steven C. Douse, Nashville, TN and Christopher L. Rissetto, Washington. D.C, for the appellee, NV Sumatra Tobacco Trading Company.

Judge: STAFFORD

This appeal involves in personam jurisdiction over a foreign defendant. Appellant State of Tennessee brought suit against Appellee tobacco product manufacturer, under the Tobacco Escrow Fund Act, Tennessee Code Annotated Sections 47-31-101 et seq., alleging that Appellee had failed to make escrow deposits, as required under the Act, for cigarettes sold in Tennessee. Based upon the trial court's finding that it lacked personal jurisdiction over the Appellee, it entered summary judgment in favor of the manufacturer. The State appeals. Upon review, we conclude that: (1) the facts of this case show that the manufacturer intentionally used a distribution system with the desired result of selling its product in all fifty states, including Tennessee, so as to support a finding that the manufacturer had minimum contacts with the State necessary to invoke the exercise of personal jurisdiction; (2) the exercise of personal jurisdiction, under the facts of this case, is reasonable and fair; (3) the manufacturer is subject to regulation under the Act; and (4) the Act is not unconstitutional. Moreover, we conclude that: (1) Appellee is a tobacco products manufacturer, as defined by the Escrow Fund Act; (2) Appellee's cigarettes were sold in Tennessee; and (3) Appellee is, therefore, liable for escrow payments under the Escrow Fund Act. Consequently, we grant the State's motion for summary judgment. The order of the trial court is reversed, and the matter is remanded for entry of summary judgment in favor of Appellant State and for calculation of the escrow amount owed by Appellee and entry of judgment thereon.

http://www.tba2.org/tba_files/TCA/2011/sumatra_062911.pdf
SALLY JO WITTY v. CHRISTOPHER CANTRELL ET AL.

Court: TCA

Attorneys:

Kevin W. Shepherd, Maryville, Tennessee, for the appellant, Sally Jo Witty.

Robert N. Goddard, Maryville, Tennessee, for the appellees, Christopher Cantrell, Linda Goins, Alvin Hord, Dr. Don McNeilly and Alisa Teffeteller, as Trustees of the Sick Leave Bank of the Blount County Board of Education, and the Blount County Board of Education.

Judge: SUSANO

Sally Jo Witty is a teacher employed by the Blount County School System. She filed this action after her request to draw pay from a pool of donated sick leave was denied. She named as defendants the trustees appointed to administer the pool (collectively "the Trustees"). She also sued the Blount County Board of Education ("the School Board") and alleged it is vicariously liable. She demanded the full monetary value of the requested sick leave and also asked for damages to compensate her for the mental suffering resulting from the "wrongful" decision to deny her benefits. The trial court held that the Trustees were an independent body for which the School Board could not be held vicariously liable. It also held that the Trustees were immune from liability in their individual capacities and that the action filed against the Trustees in their official capacity was a petition for writ of certiorari that was not timely filed. Therefore, it dismissed the complaint. Witty appeals. We affirm the trial court's judgment in part and vacate it in part.

http://www.tba2.org/tba_files/TCA/2011/wittys_062911.pdf
NANCY L. BLUE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Nancy L. Blue, Appellant, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Garry Brown, District Attorney General; and Edward L. Hardister, Assistant District Attorney General, for the appellee(s), State of Tennessee.

Judge: WELLES

A jury convicted the Petitioner, Nancy L. Blue, of two counts of rape of a child and two counts of incest. On direct appeal, this Court affirmed her convictions but modified her sentences. See State v. Nancy Blue, No. W2008-00187-CCA-R3-CD, 2009 WL 1097450, at *1 (Tenn. Crim. App., Jackson, Apr. 23, 2009), perm. to appeal denied, (Tenn. Sept. 28, 2009). The Petitioner filed a pro se petition for post-conviction relief; however, the post- conviction court granted the State's motion to dismiss, finding that the petition was not timely filed. The Petitioner alleges that both prison notaries were unavailable for several days preceding the date that her petition was due and, because of their absence, she was not able to get her petition to the appropriate prison authorities for mailing until the day after the one-year statute of limitations ran. After our review, we remand to the post-conviction court for an evidentiary hearing to determine whether sufficient evidence exists to warrant tolling the statute of limitations for due process concerns and whether the Petitioner timely filed her petition for post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2011/bluen_062911.pdf
STATE OF TENNESSEE v. GARY BOHANNON

Court: TCCA

Attorneys:

Joseph McCluskey (on appeal); William D. Massey and Norma McCluskey (at trial), Memphis, Tennessee, for the appellant, Gary Bohannon.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William B. Gibbons, District Attorney General; Marianne Bell and Abby Wallace, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WITT

A Shelby County Criminal Court jury convicted the defendant, Gary Bohannon, of one count of premeditated first degree murder, see T.C.A. Section 39-13-202(a)(1) (2006), for which he received a life sentence. In addition to challenging the sufficiency of the evidence to support his conviction, the defendant also contends that the trial court erroneously admitted as evidence at trial (1) a witness's statement to law enforcement, (2) a crime scene photograph of the deceased victim, and (3) a tape recording of the 9-1-1 telephone call reporting the shooting. Discerning no reversible error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/bohannong_062911.pdf
JOHN BRITT v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Patrick E. Stegall, Memphis, Tennessee, for the appellant, John Britt.

Robert E. Cooper, Jr., Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; William L. Gibbons, District Attorney General; and Paul Thomas Hoover, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioner, John Britt, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. Following a jury trial, the petitioner was convicted of two counts of solicitation to commit first degree murder and is currently serving consecutive eight-year sentences. On appeal, the petitioner contends that he was denied his Sixth Amendment right to the effective assistance of counsel, specifically arguing that trial counsel was ineffective for failing to use the entrapment defense at trial. Following review of the record, we conclude no error exists and affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2011/brittj_062911.pdf
STATE OF TENNESSEE v. TONY ARNESS DEGRAFFREED

Court: TCCA

Attorneys:

Clifford K. McGown, Jr. (on appeal), Waverly, Tennessee, and Lyle A. Jones and David S. Stockton (at trial), Covington, Tennessee, for the appellant, Tony Arness Degraffreed.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and James Walter Freeland, Jr., and Kim Linville, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

A Tipton County Circuit Court jury convicted the appellant, Tony Arness Degraffreed, of rape of a child, a Class A felony, and the trial court sentenced him to twenty-five years in confinement to be served at one hundred percent. On appeal, the appellant contends that (1) the evidence is insufficient to support the conviction, (2) the trial court erred by refusing to require the jury to determine whether his penetration of the victim was digital or penile, and (3) the State improperly commented on the appellant's failure to testify during it closing argument. Based upon the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/degraffreed_062911.pdf
STATE OF TENNESSEE v. DEREK DEON HESTER

Court: TCCA

Attorneys:

Paul Springer, Memphis, Tennessee, for the appellant, Derek Deon Hester.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Walt Freeland, Terry Dycus and Joe Van Dyke, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Derek Deon Hester, stands convicted of felony murder; aggravated child abuse, a Class A felony; and aggravated rape of a child; a Class A felony. The trial court sentenced him as a Range I, violent offender to a life sentence for the felony murder conviction; as a Range I, violent offender to twenty years for the aggravated child abuse conviction, to be served concurrently with the life sentence; and as a Range III, violent offender to forty years for the aggravated rape of a child conviction, to be served consecutively to the life sentence, in the Tennessee Department of Correction. On appeal, the defendant argues that the state withheld exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963); that the trial court erred in granting the state's motion to consolidate the cases; that the trial court erred in the admission and exclusion of certain evidence; and that the evidence was insufficient to support his convictions. Following our thorough review of the record, the parties' arguments, and the applicable law, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/hesterd_062911.pdf
STATE OF TENNESSEE v. UNDRAY LUELLEN

Court: TCCA

Attorneys:

Robert W. Jones, District Public Defender; Robert C. Felkner and A. Michelle Lynn, Assistant Public Defenders, Memphis, Tennessee, for the Defendant-Appellant, Undray Luellen.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; and Chris Scruggs, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

The Defendant-Appellant, Undray Luellen, was indicted by the Shelby County Criminal Court for three counts of especially aggravated kidnapping, one count of aggravated robbery, and one count of aggravated burglary. The aggravated robbery count was dismissed during trial, without opposition from the State, following the defense's motion for judgment of acquittal. At the conclusion of the jury trial, Luellen was convicted of two counts of especially aggravated kidnapping, a Class A felony; one count of aggravated kidnapping, a Class B felony, and one count of aggravated criminal trespass, a Class A misdemeanor. He was sentenced as a Range I, violent offender to two consecutive sentences of twenty-two years for the especially aggravated kidnapping convictions and a concurrent ten-year sentence for the aggravated kidnapping conviction. He was also sentenced to a concurrent sentence of eleven months and twenty-nine days for the aggravated criminal trespass conviction. The trial court merged the aggravated kidnapping conviction involving the child victim with the especially aggravated kidnapping conviction involving the child victim. The trial court then imposed an effective sentence of forty-four years in the Tennessee Department of Correction. In this appeal, Luellen argues: (1) the trial court erred in admitting three items of testimony; (2) the trial court erred in refusing to consolidate his two indictments for especially aggravated kidnapping; (3) the trial court erred in ruling that his prior conviction for aggravated robbery was admissible for impeachment purposes; (4) the cumulative errors at trial required a reversal; and (5) his sentence was excessive. Upon review, we affirm the judgments of the trial court but remand for entry of a corrected judgment to insert a service percentage of seventy-five percent for the aggravated criminal trespass conviction.

http://www.tba2.org/tba_files/TCCA/2011/luellenu_062911.pdf
STATE OF TENNESSEE v. LAKEYA PEOPLES

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; James G. Woodall, District Attorney General; and Matthew Floyd, Assistant District Attorney General, for the appellant, State of Tennessee.

Nathan Pride, Jackson, Tennessee, for the appellee, Lakeya Peoples.

Judge: WITT

In this State appeal, the State challenges the Madison County Circuit Court's decision dismissing the charges against the defendant and expunging them from her record, claiming that the trial court was without jurisdiction to take the action because the judgment had become final. Discerning no error, we affirm the judgment of the circuit court.

http://www.tba2.org/tba_files/TCCA/2011/peoplesl_062911.pdf
STATE OF TENNESSEE v. CARLOS WALLS

Court: TCCA

Attorneys:

Barry W. Kuhn (on appeal); Robert Wilson Jones, District Public Defender; and Lisa Kutch and Donna Armstard (at trial), Assistant Public Defenders, Memphis, Tennessee for the appellant, Carlos Walls.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; and Carrie Shelton and Scott Bearup, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

A Shelby County jury convicted the defendant, Carlos Walls, of aggravated sexual battery, a Class B felony. The trial court sentenced him as a Range I, violent offender to twelve years in the Tennessee Department of Correction. On appeal, the defendant argues that the evidence was insufficient to support his conviction, that the trial court erred in admitting the defendant's statement to the Department of Children's Services as evidence, and that the trial court applied improper enhancement factors. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/wallsc_062911.pdf
Regulation of Eyelash Tinting by Board of Cosmetology

TN Attorney General Opinions

Date: 2011-06-22

Opinion Number: 11-51

http://www.tba2.org/tba_files/AG/2011/ag_11_51.pdf
Out-of-State Dealer's Nexus with Tennessee Due to Activities of In-State Distribution Center

TN Attorney General Opinions

Date: 2011-06-28

Opinion Number: 11-52

http://www.tba2.org/tba_files/AG/2011/ag_11_52.pdf
IN RE: ALICIA HOWARD, BPR 014119

Court: TSC-Disciplinary_Order

Judge: CLARK

Suspension

http://www.tba2.org/tba_files/TSC/2011/howarda_062911.pdf
TODAY'S NEWS
Legal News
Passages
Career Opportunities
Disciplinary Actions
TBA Member Services
Legal News
Lawyers gave 567,000 pro bono hours in 2010
Tennessee lawyers volunteered 567,374 hours of service in 2010 according to data collected by the Tennessee Board of Professional Responsibility. In the second year of voluntary reporting of pro bono hours, 7,745 Tennessee lawyers indicated they had performed some type of voluntary service -- more than double the number who reported in 2009 and 39 percent of the state's total attorney population. The data also indicates that the majority of hours donated were spent performing free services for individuals with limited means. Finally, the information shows that 48 percent of those who reported also contributed financially to organizations providing legal services to needy clients.
Sixth Circuit upholds health care mandate
In the first ruling by a federal appeals court on the recent health care overhaul, a three-judge panel of the 6th U.S. Circuit Court of Appeals today affirmed that Congress can require Americans to have minimum insurance coverage. A conservative law center had challenged the individual mandate provision, saying that it was unconstitutional and that Congress was overstepping its powers, reports the Times News.
Listen to the proceedings
Download the opinion
AG: Amazon can be made to pay taxes
Tennessee's attorney general issued an opinion Tuesday upholding the constitutionality of a proposed bill that would force Internet retailer Amazon to pay state sales taxes. The Nashville Post reports that the opinion supports the argument that the building of distribution centers in Tennessee creates a physical presence that can trigger sales-tax requirements. However, Attorney General Robert Cooper Jr. stopped short of declaring explicitly whether Amazon, which is building multiple distribution centers in Tennessee, has a sales-tax obligation to the state. Read more from the paper
Download the opinion
Chattanooga mayor eyes changes for City Court
Chattanooga Mayor Ron Littlefield said City Court has become "an anachronism" and eventually will "go away." He reported that the city is considering replacing the current environmental docket with an administrative officer; moving parking enforcement to another entity; and digitizing the court's records. While there is no move to reduce the court from two judges to one at this time, Littlefield said he expects that step will be taken when one of the judges -- Sherry Paty or Russell Bean -- retires.
Learn more in the Chattanoogan
Vanderbilt Law names new professor
Ganesh Sitaraman has joined Vanderbilt Law School's faculty as an assistant professor of law. Previously a lecturer at Harvard Law School, Sitaraman will provide instruction in the areas of foreign relations law, international law and institutional design. A graduate of Harvard Law, Sitaraman previously worked with the Carr Center for Human Rights, served as a research fellow at the Counterinsurgency Training Center in Kabul, Afghanistan, served as special advisor to the Congressional Oversight Panel for the Troubled Assets Relief Program (TARP), and clerked for U.S. Court of Appeals Judge Stephen F. Williams.
Learn more about Sitaraman on the school's website
Juvenile facility sued over teen's death
The father of a 15-year-old boy who hanged himself with a bed sheet in the Hamilton County Juvenile Detention Center last year has filed a lawsuit seeking $3.75 million from the county. In the lawsuit, David Wallace claims center employees failed to follow policy that could have prevented his son's death. The boy's mother, however, says she finds more fault with the Council for Alcohol and Drug Abuse Services which, one year later, will not communicate with her or release her son's records.
The Times Free Press reports
Clarksville attorney sentenced in scam
Clarksville attorney Kenneth Kennedy was sentenced to eight years and four months in prison for his role in a multi-million dollar investment scam. According to a news release from the U.S. Attorney General, Kennedy was found guilty of three counts of wire fraud and five counts of mail fraud following a four-week trial in October 2010. Kennedy was charged along with three others -- wife Sheila Kennedy, Ann Scarborough and Philip Russell -- who helped run the scam from April 2005 to mid 2008.
The Leaf Chronicle reports
UT considering wrongful conviction project
The University of Tennessee School of Journalism and Electronic Media announced today that it is exploring the possibility of starting an innocence/wrongful conviction project. The news came as journalists from Tennessee, Kentucky and Missouri gather at the university for the 2011 McCormick Institute on Innocence/Wrongful Conviction Projects. Before the conference ends tomorrow, attendees also will hear from U.S. Attorney William C. Killian of Knoxville.
The Memphis Daily News reports
Commission lawyer not paid for work
A lawyer representing the Putnam Election Commission has been urged to "take any action necessary" in order to collect attorney fees owed to him by the county. The commission has been entrenched in legal battles since its three Republican members were first seated in 2009, and Nashville-based attorney John Harris has defended the body during recent chancery court and federal court cases. He says his fees now total $122,687, which includes two years' worth of interest.
The Herald Citizen has more
Appeals court hears arguments in Fisk case
On Tuesday, the Tennessee Court of Appeals heard attorneys for Fisk University and the state argue -- for very different reasons -- that a lower court's ruling approving sale of the school's art collection should be set aside. "It was never Georgia O'Keeffe's intention for Fisk to sell this art," said Deputy Attorney General Janet Kleinfelter. Fisk's attorneys, meanwhile, are upset that the chancery court allowed the $30 million sale to go forward, but only if $20 million of the proceeds is set aside in a fund to maintain and preserve the art. Fisk argues $10 million is not enough to stabilize its financial situation. The court is expected to render its verdict sometime in the coming year.
The Tennessean reports
State immigration laws challenged
Several states' tough, new immigration laws have been struck down by federal courts. Arizona and Utah both recently had key parts of their laws blocked by federal judges. Yesterday, a federal judge in Georgia blocked the most contentious provisions of that state's new immigration law and last week, a federal judge temporarily blocked key parts of Indiana's new immigration law. Court watchers predict that new laws approved by South Carolina and Alabama might be next on the chopping block.
The News Sentinel carries this story
Passages
Knox County judge dies
Judge Thomas M. Blackburn of Athens died June 26 at the age of 91. After serving in World War II, Blackburn attended and graduated from the University of Tennessee College of Law. His long career included service as Knox County assistant district attorney, director of law for the city of Knoxville, Knox County chancellor, executive secretary and special judge for the Tennessee Supreme Court, and a Tennessee Court of Appeals judge. Following his judicial retirement, he served as mayor of Brentwood. Services were held today in Knoxville. In lieu of flowers, memorial donations may be made to Mars Hill Presbyterian Church, 205 N. Jackson Street, Athens 37303 or to The American Rose Society, P.O. Box 30000, Shreveport, LA 71130.
Read more about the judge's life in this profile
Career Opportunities
LMU seeks attorney in Knoxville
Lincoln Memorial University is seeking an attorney to handle contracts, human resources, and labor and employment litigation in Knoxville. Candidates should have a minimum of seven years' legal experience. To apply, send an application for employment, cover letter, resume, three references and transcripts to Libby King, Lincoln Memorial University, 6965 Cumberland Gap Parkway, Harrogate 37752 and to Vice President and Dean Sydney Beckman, LMU Duncan School of Law, 601 West Summit Hill Drive, Knoxville 37902. Electronic submissions should be sent to King at libby.king@lmunet.edu.
Learn more on JobLink
Disciplinary Actions
Shelby County lawyer suspended
On June 28, Shelby County lawyer Alicia Howard was suspended for 18 months, with six months to be spent on actual suspension and 12 months to be spent on probation working with a practice monitor. In addition to imposing the suspension, the Tennessee Supreme Court directed Howard to pay $2,716.66 to cover the cost of her disciplinary proceeding.
Download the court order
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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