Decision could affect alimony awards

A decision is expected soon in a Tennessee Supreme Court case that could lead to alimony awards for spouses, even if they have good paying jobs. A trial court originally denied alimony for Johanna Gonsewski, who was divorcing her husband, Craig, in 2009 after 21 years of marriage. But on appeal, she was awarded $15,000 a year in alimony for the rest of her life or until she remarries, even though she earns $72,000 a year as a state employee. The appeals court decided to award alimony to prevent her standard of living from dropping below that which she enjoyed during her married life.

Read more from the City Paper

TODAY'S OPINIONS
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2011/certlist_070511.pdf


STATE OF TENNESSEE v. RICHARD ALEXANDER HERRERA

Court: TCCA

Attorneys:

Joseph P. Atnip, District Public Defender, and William K. Randolph, Assistant Public Defender, for the appellant, Richard Alexander Herrera.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Thomas A. Thomas, District Attorney General; and Kevin David McAlpin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

The Defendant, Richard Alexander Herrera, was charged with sexual exploitation of a minor, a Class B felony. Following the denial of his motion to suppress evidence seized as a result of the issuance of a search warrant in another case, the Defendant pled guilty to sexual exploitation of a minor, a Class C felony. In accordance with the plea agreement, the trial court sentenced the Defendant as a Range II, multiple offender to eight years in the Tennessee Department of Correction. Pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, the Defendant sought to reserve a certified question of law challenging the trial court's denial of his motion to suppress. Following our review, we conclude that the certified question of law the Defendant sought to reserve on appeal is not dispositive of the case. The appeal is dismissed.

http://www.tba2.org/tba_files/TCCA/2011/herrerar_070511.pdf


TODAY'S NEWS

Legal News
Politics
Career Opportunities
Upcoming
TBA Member Services

Legal News
Stagnant pay causing judges to leave bench
Judges are leaving the bench in relatively large numbers -- not to retire, but to return to being practicing lawyers. In New York, where judges have not had a raise in 12 years, nearly 1 in 10 judges are now leaving annually, a new study from the National Center for State Courts shows. Other states are also seeing the trend.
Learn more from the National Center for State Courts
16th District ADA steps down after 22 years
David Puckett has dealt with his share of high-profile people and trials in 40 years of criminal justice work, but the retiring assistant district attorney says that listening to regular people has meant as much to him as any big case. "I found from my experience in Cannon County, people just want someone to listen to their side of the story, because everybody's got a story, and sometimes the truth is in between," said Puckett, who retired last week.
Read more from the Daily News Journal
Chattanooga lawyers recognized with awards
The Chattanooga Bar Association recently held its annual meeting and presented a number of awards to local attorneys. The Ralph K. Kelley Humanitarian Award was given to Richard Buhrman with Buhrman & Associates PC. The Harry Weill Zealous Practice of Law Award went to Alan L. Cates with Husch Blackwell LLP. The Albert L. Hodge Volunteer of the Year Award was given to Sheri A. Fox with Baker, Donelson, Bearman, Caldwell & Berkowitz PC. In addition, Richard S. Ruth with Home Health Care of East Tennessee was named the first recipient of the new Jac Chambliss Lifetime Achievement Award, which recognizes excellence in the profession and service to both the legal and local community. Finally, the President's Award was given to Patricia Vital with the Vital Law Office & Dispute Resolution Service and the Young Lawyer Division Volunteer of the Year Award went to Jason D. Demastus with the Office of the District Attorney.
Read more about the awards on the CBA website
Court removes Moncier from 'Zoo Man' appeal
Suspended Knoxville lawyer Herbert S. Moncier has been removed from one of his most famous cases, that of Thomas Dee "Zoo Man" Huskey, convicted of rape and once accused of being a serial killer. The Tennessee Court of Criminal Appeals ruled that Moncier cannot continue with the case on appeal because he has been suspended from practicing law in Tennessee. The appellate court named Gregory P. Isaacs, who has previously represented Huskey, to replace Moncier as lead counsel in the case.
Read more from Knox News
Politics
Hafner to lead Haslam legislative efforts
Gov. Bill Haslam has named Leslie Hafner as his new director for legislation. The former director of government advocacy for Bass Berry & Sims, Hafner will replace Dale Kelley, who is returning to West Tennessee to handle special projects for the governor's office.
Read more from the Nashville Post
Career Opportunities
Labor & employment counsel sought in Memphis
Special Counsel Inc. is seeking a labor & employment attorney for a large corporate client in Memphis. Only candidates with top academics from top-tier law schools and 10-plus years of labor and employment experience with a nationally ranked law firm or public corporation will be considered. The position requires advanced knowledge of agency investigations related to human relations, wage and hour issues and corporate strategy related to unions and immigration. Qualified candidates should submit resumes to nashville@specialcounsel.com.

Counsel on Call is also accepting resumes for this position. To apply with Counsel on Call submit resumes to jay.brenner@counseloncall.com.
Learn more from both of these placement agencies on JobLink
Upcoming
Party picnic to honor Nashville judges
Nashville's annual Democratic Women's Picnic, scheduled for July 7, will honor Davidson County General Sessions judges Leon Ruben and William E. Higgins for their 31 years of service on the bench. The event will be held from 6 to 8 p.m. in the Ed Jones Auditorium at the Ellington Agricultural Center, 440 Hogan Road, Nashville 37204. Tickets are $10 and include a BBQ dinner. For more information email the group at contactus@dcdw.org.

NBA to host open house
The Nashville Bar Association is hosting an open house on Tuesday, July 12, to let visitors tour its new facilities. The new NBA offices, located in One Nashville Place at 150 4th Avenue North, Suite 1050, will be open for visitors to drop in anytime from 3 to 6 p.m. on July 12.

TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
or get an online rate quote

 
 
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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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