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| Tuesday, July 19, 2011 |
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Proposed rule: Fee exemptions for federal officials
The Tennessee Supreme Court today filed an order soliciting comments on a proposed Supreme Court Rule that would exempt federal judges and federal officials who are prohibited by federal law from practicing law from paying an annual registration fee to maintain their attorney license in Tennessee. The rule change would also allow attorneys to assume inactive status if they are practicing law in other jurisdictions but are no longer practicing law in Tennessee.
The deadline for submitting comments on the proposed Rule change is Nov. 16.
Learn more from the Administrative Office of the Courts
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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.
00 - TN Supreme Court
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
03 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
00 - TN Supreme Court - Disciplinary Orders
You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then
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and save a plain-text version of the opinion.
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DARRYL J. MAYTON v. WACKENHUT SERVICES, INC.
Court: TWCA
Attorneys:
Christopher H. Hayes, Oak Ridge, Tennessee, for the appellant, Darryl J. Mayton.
James Wallace Speed and James Allen Callison, Lawrenceville, Georgia, for the appellee, Wackenhut Services, Inc.
Judge: LEE
Pursuant to Tennessee Supreme Court Rule 51, this workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The issue presented in this case is whether the employee's request for a benefit review conference was filed more than one year after the employee had knowledge that his occupational disease was caused by his employment. The trial court ruled that the employee's request was not timely and dismissed the case. After careful review, we hold that the evidence does not preponderate against the trial court's finding that Employee had knowledge that his illness was related to his employment more than one year before the filing of his request for a benefit review conference. We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TSC_WCP/2011/maytond_071911.pdf
HAWEYA-SURER DAHIR v. ABDULRAHIM MUHAMMED ABSHIR
Court: TCA
Attorneys:
Kerry Knox and Thomas H. Castelli, Murfreesboro, Tennessee, for the appellant, Haweya-Surer Dahir.
Brad W. Hornsby and Caleb B. McCain, Murfreesboro, Tennessee, for the appellee, Abdulrahim Muhammed Abshir.
Judge: DINKINS
Former wife appeals the dismissal of an order of protection she had secured against her husband; the failure of trial court to hear her petition for annulment of the marriage; and the
failure of trial court to state specifically the facts upon which the court's finding of husband's improper marital conduct was based. Finding no error, we affirm the trial court in all
respects.
http://www.tba2.org/tba_files/TCA/2011/dahirh_071911.pdf
REGENCY CONSTRUCTION, LTD, INC. ET AL. v. KATHY LESLIE ET AL.
Court: TCA
Attorneys:
Jordan Mathies, Nashville, Tennessee, for the appellant, Kathy A. Leslie.
Kirk L. Clements, for the appellees, Regency Construction LTD, Inc., and Jeff Stromatt.
Judge: CLEMENT
This dispute arises from an agreement to construct a duplex in a residential area. The issue in dispute pertains to the cost of change orders that were not reduced to writing as the
construction contract required. To resolve the dispute amicably, the parties entered into an agreement titled "Settlement of Disputed Amount." The defendant paid part of the agreed amount timely but failed to pay the balance of $23,000. This action followed. The trial court ruled in favor of the contractor for the balance owed pursuant to the agreement and applied an offset in favor of the defendant in the amount of $5,220.55. Defendant appealed. We affirm.
http://www.tba2.org/tba_files/TCA/2011/regencyconstruction_071911.pdf
STATE OF TENNESSEE v. MICHAEL HARRIS AND EDDIE HARRIS
Court: TCCA
Attorneys:
Edwin C. Lenow (at trial and on appeal), Memphis, Tennessee, for the appellant, Michael Harris, and Tony N. Brayton (on appeal) and Michael Johnson (at trial), Memphis, Tennessee, for the appellant, Eddie Harris.
Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; William L. Gibbons, District Attorney General; and Greg Gilbert and Neal Oldham,
Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: OGLE
A Shelby County Criminal Court jury convicted the appellants, Michael Harris and Eddie Harris, of aggravated robbery, and the trial court sentenced them to nine years in confinement. On appeal, they contend that the evidence is insufficient to support their convictions. Based upon the record and the parties' briefs, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/harrism_071911.pdf
STATE OF TENNESSEE v. VIANEY BECERRA IBANEZ
Court: TCCA
Attorneys:
Ricky A.W. Curtis (at trial), Blountville, Tennessee, and L. Dudley Senter, III (on appeal), Bristol, Tennessee, for the Appellant, Vianey Becerra Ibanez.
Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Assistant Attorney General; H. Greeley Wells, District Attorney General, and Joseph Eugene Perrin, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
A Sullivan County jury convicted the Defendant, Vianey Becerra Ibanez, of facilitation of possession of more than .5 grams of cocaine, maintaining a dwelling where controlled
substances are used or sold, facilitation of sale of more than .5 grams of cocaine, and delivery of more than .5 grams of cocaine. The trial court sentenced the Defendant to a total effective sentence of eleven years in the Tennessee Department of Correction. On appeal, the Defendant contends the trial court erred when it set the length of her sentence and when it denied her alternative sentencing. Having reviewed the record and applicable law, we conclude the trial court properly sentenced the Defendant. As such, we affirm the trial court's judgments.
http://www.tba2.org/tba_files/TCCA/2011/ibanezv_071911.pdf
STATE OF TENNESSEE v. ALONZO THOMAS
Court: TCCA
Attorneys:
Carlyn Addison (at trial) and Harry E. Sayle, III (on appeal), Memphis, Tennessee, for the appellant, Alonzo Thomas.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich; District Attorney General; and Steve Bearup and Carrie Shelton, Assistant
District Attorneys General, for the appellee, State of Tennessee.
Judge: OGLE
The appellant, Alonzo Thomas, pled guilty to attempted aggravated sexual battery and was sentenced to four years and six months in the Tennessee Department of Correction. On
appeal, the appellant challenges the trial court's denial of probation. Upon review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/thomasa_071911.pdf
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| TODAY'S NEWS |
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Legal News
General Assembly News
Politics
Disciplinary Actions
TBA Member Services
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| Legal News |
| Court will not hear 'judge shopping' appeal |
| The Tennessee Supreme Court has declined to hear an appeal of the decision of the Tennessee Court of Criminal Appeals that Special Judge Jon Kerry Blackwood erred in sending a boating-under-the-influence case back for a new hearing based on an allegation of "judge shopping."
The appeals court directed that the indictment against Gary Wayne McCullough be reinstated, and that neither General Sessions Court judges Bob Moon or David Bales had violated any of the ethics rules of the code of judicial conduct. |
Learn more in the Chattanoogan
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| No parole for 'Stringbean' killer |
| The state parole board today rejected convicted killer John A. Brown's parole request for the 1973 slayings of Dave "Stringbean" Akeman and his wife, Estelle. Brown was convicted of fatally shooting the beloved Grand Ole Opry star and his wife at their Ridgetop farmhouse in November 1973.
A jury convicted Brown, and he was sentenced to 198 years in prison. Columnist Donald F. Paine wrote about the case in the Tennessee Bar Journal in December 2004. |
The Tennessean has today's story
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| Lawyers raise $24k for Big Brothers, Big Sisters |
| Nashville-area attorneys recently organized a bowling tournament that raised about $24,000 for Big Brothers Big Sisters of Middle Tennessee. The Lawyers for Littles Bowl for Kids' Sake event was organized by Laura Bishop of the Law Offices of John Day PC; Thomas W. Shumate IV of Kay, Griffin, Enkema & Colbert PLLC; David Wicker of Corbett Crockett; and James Crumlin of Bone McAllister Norton. Twenty-one teams of attorneys, law firms and other legal organizations participated. |
Download more information
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| Read my lips: Do not post Commandments at courthouse |
| Senior District Judge Maurice Paul last week ordered Dixie County, Fla., officials to remove a six-ton Ten Commandments monument
from the grounds of the courthouse in Cross City, according to the Associated Press. The First Amendment Center's president, Ken Paulson, writes. "The law is clear: Governments cannot post the tenets of a religion. And yet town councils and school boards across the country have decided to run up legal bills anyway." |
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| Oetken is first openly gay federal judge confirmed |
| The U.S. Senate has confirmed the first openly gay man, J. Paul Oetken, to the federal bench. Oetken, 45, will fill a vacancy on the high-profile Southern District of New York.
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The National Law Journal has more
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| Drastic budget cuts in Connecticut leave court system reeling |
| To meet a required reduction of a little over $38 million in its fiscal year 2012 budget, the Connecticut court system plans to lay off 452 employees, close four courthouses and six law libraries among other facilities, and eliminate another 150 unfilled positions, the state's chief court administrator says. |
ABAJournal.com connects to you to the story
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| Drug courts, task forces get audit |
| The offices of the 17th Judicial District Drug Task Force and District Attorney Charles "Chuck" Crawford got a clean bill of health from state auditors, who found no problems with their books. However, auditors had findings in seven judicial districts for corrective action. The Comptroller's Division of County Audit recently released the review of funds administered by the state's district attorneys general and the task forces of the state's 31 judicial districts for the fiscal year that ended June 30, 2010.
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Read the details from the Times-Gazette
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| General Assembly News |
| Candidates for 6th District Senate seat interviewed |
| Knox County Commission on Monday heard from candidates who want to
temporary fill Jamie Woodson's Senate seat.
Commissioners gave four of the five candidates -- one chose not to partake in the interview process -- about five minutes to say why they were qualified for the seat. The person they choose will serve until a special election is scheduled by the governor. Woodson resigned July 9 from her 6th Senate District spot to take another job. |
The News Sentinel has this story
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| Politics |
| Edmund Ford Sr. joins race for Memphis mayor |
| Former City Council member Edmund Ford Sr. has filed a petition to run for Memphis mayor against incumbent A C Wharton, election administrator Richard Holden said this morning.
Ford will join Shelby County Commission member James Harvey as a challenger to Wharton in the Oct. 6 election. |
The Commercial Appeal reports
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| Disciplinary Actions |
| Lawyers suspended for not paying BPR fee |
| Tennessee-licensed attorneys who did not pay their 2010 registration fee to the Board of Professional Responsibility have been suspended from the practice of law. Those who have paid the fee since the order was filed are noted as reinstated.
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See the list
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| Lawyers suspended for not filing IOLTA report |
| Pursuant to Tennessee Supreme Court Rule 43, Section 14, lawyers licensed in Tennessee must file a certification that eligible client funds are held in accounts participating in the Interest on Lawyers' Trust Accounts (IOLTA) program. The mandatory compliance statement was included with the Board of Professional Responsibility's 2010 Annual Registration Statement. Lawyers who did not comply have been suspended.
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See the list of those suspended
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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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