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| Thursday, July 21, 2011 |
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AG: Legislators may serve as mediators
An opinion released this week by the Tennessee Attorney General finds that legislators may serve as dispute resolution neutrals, including serving as mediators, because such roles are not considered a "lucrative state office." The ruling was requested by state Sen. Mike Faulk, who said "Mediating disputes between competing interests in the political arena has consumed a large part of my time as a legislator so I decided to take
mediator training. While taking the training course in December...the common law doctrine on incompatible offices crossed my mind as did the provision in the Tennessee Constitution prohibiting one from serving in two different branches of state government at the same time." Faulk said he wanted to seek the attorney general's opinion before applying for certification as a Rule 31 Mediator.
Download the AG opinion
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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.
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PAM WEBB v. NASHVILLE AREA HABITAT FOR HUMANITY, INC.
Court: TSC
Attorneys:
R. Eddie Wayland, Nashville, Tennessee, for the appellant, Nashville Area Habitat for Humanity, Inc.
James L. Harris, Nashville, Tennessee, for the appellee, Pam Webb.
Dale Conder, Jr. and Bradford D. Box, Jackson, Tennessee, for the Amicus Curiae, Tennessee Defense Lawyers Association.
Justin Gilbert, Jackson, Tennessee, William B. Ryan, Memphis, Tennessee, Jennifer B. Morton, Knoxville, Tennessee, and Wade B. Cowan, Nashville, Tennessee, for the Amicus Curiae, Tennessee Employment Lawyers Association.
Jonathan O. Harris, Nashville, Tennessee, for the Amicus Curiae, Center for Individual
Freedom.
Judge: LEE
In this action alleging retaliatory discharge, the trial court granted the defendant's motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Tennessee Rule of Civil Procedure 12.02(6). The Court of Appeals vacated the trial court's judgment, holding that the amended complaint sufficiently stated a cause of action for retaliatory discharge. We address the issue of the proper standard for Tennessee courts to apply in ruling on a Rule 12.02(6) motion to dismiss in light of the United States Supreme Court's recent decisions in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, ___ U.S. ___, 129 S. Ct. 1937 (2009). We decline to adopt the new Twombly/Iqbal "plausibility" pleading standard and affirm the judgment of the Court of Appeals.
http://www.tba2.org/tba_files/TSC/2011/webbp_072111.pdf
COURIER PRINTING COMPANY ET AL. v. WANDA SIMS, EX REL ROBERT STEVE BLY ET AL.
Court: TWCA
Attorneys:
John Thomas Feeney, Nashville, Tennessee, for the appellants, Courier Printing Company and Sentry Insurance.
Van French, Murfreesboro, Tennessee, for the appellees, Wanda Sims, as power of attorney for Robert Steve Bly, and Robert Steve Bly.
Judge: HARRIS
In this Workers' Compensation case, the trial court held that the employee had sustained a gradual injury to his lower back, and that he was permanently and totally disabled as a result of that injury. The employer has appealed, contending that the trial court erred by permitting the employee to use a physician who provided an impairment rating through the Medical Impairment Registry process as a medical expert on the issue of causation and by finding that the employee sustained a compensable injury. In the alternative, the employer contends that the trial court erred by awarding permanent total disability, and also in its alternative finding
that the employee had proven three of the four elements set out in Tennessee Code Annotated section 50-6-242, and was thereby able to recover a permanent partial disability award in excess of six times the medical impairment. We find no error and affirm the judgment.
http://www.tba2.org/tba_files/TSC_WCP/2011/courierprinting_072111.pdf
STATE OF TENNESSEE, ET AL. v. CENTURION INDUSTRIA e COMERCIO de CIGARROS, L.T.D. A., ET AL. AND TANTUS TOBACCO, L.L.C. v. STATE OF TENNESSEE, ET AL.
Court: TCA
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; and Joseph F. Whalen, Associate Solicitor General; Stephen R. Butler, Senior Counsel; Rebekah A. Baker, Assistant Attorney
General, for appellant, State of Tennessee.
Michael Hirn, Gregory F. Coleman, and G. George Bertram, Russell Springs, Kentucky, for the appellee, Tantus Tobacco, L.L.C.
Paul W. Ambrosius, Nashville, Tennessee, for the Defendants, Centurion Industria e Comercio de Cigarros, L.T.D. A., Sudamax Industria e Comercio de Cigarros L T.D. A., and Samurai Industria e Comercio de Cigarros, L.T.D. A.
Judge: STAFFORD
This is an appeal from the trial court's grant of summary judgment to the Appellee. After reviewing the record, we conclude that the order granting summary judgment fails to comply with Tennessee Rule of Civil Procedure 56.04, as it does not "state the legal grounds upon which the court denies or grants the motion." Consequently, this Court cannot proceed with our review and must vacate the judgment of the trial court. Vacated and remanded.
http://www.tba2.org/tba_files/TCA/2011/centurion_072111.pdf
MARSHA JEAN (COUGHLIN) KENNEDY AND DARLENE CAMP, AS ADMINISTRATRIX C.T.A. OF THE ESTATE OF LOIS D. COUGHLIN v. STATE FARM INSURANCE COMPANY
Court: TCA
Attorneys:
Lanier Fogg, Memphis, Tennessee, for Plaintiffs/Appellants, Marsha Kennedy and Darlene Camp as Administratrix c.t.a. of The Estate of Lois D. Coughlin.
Dawn Davis Carson, Hickman, Goza & Spragins, PPLC, Memphis, Tennessee, for Defendant/Appellee, State Farm Insurance Company.
Judge: KIRBY
This is an insurance case. The plaintiff daughter purchased a home with her mother as tenants in common. The homeowner's insurance policy listed both the daughter and the
mother as named insureds. The daughter later quitclaimed her interest in the property to her mother. Years later, the daughter had an accident on the property and filed a claim under the homeowner's insurance policy. The insurance company denied recovery based on the policy's exclusion from coverage for injury to an insured. The daughter filed this lawsuit against the defendant insurer, contending, inter alia, that she was not an insured because she did not sign the contract with the defendant insurer. The trial court granted summary judgment in favor of the insurance company. We affirm.
http://www.tba2.org/tba_files/TCA/2011/kennedym_072111.pdf
LEONORA WASHINGTON v. GALE VOGEL, PH.D., ET AL.
Court: TCA
Attorneys:
Kerry Knox and Thomas H. Castelli, Murfreesboro, Tennessee, for the appellant, Leonora Washington.
Anthony Michael Noel, Nashville, Tennessee, for the appellees, Gale Vogel, Ph.D., Harry Gill, Rutherford County Board of Education, and Rutherford County, Tennessee.
Judge: BENNETT
Teacher who received a reprimand brought this action to challenge the actions of school officials and the school board. She argues that the school failed to provide due process to
her and defamed her. The trial court found in favor of the defendants, and we affirm.
http://www.tba2.org/tba_files/TCA/2011/washingtonl_072111.pdf
ANDRE BALDWIN v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Michael R. Working, Memphis, Tennessee, for the appellant, Andre Baldwin.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Rachel Newton and Alexia Fulgham, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: TIPTON
The Petitioner, Andre Baldwin, appeals the Shelby County Criminal Court's denial of post-conviction relief from his conviction for first degree murder, for which he is serving a life sentence. The Petitioner contends that he did not receive the effective assistance of counsel. We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/baldwina_072111.pdf
STATE OF TENNESSEE v. WILLIAM KEITH BLACKBURN
Court: TCCA
Attorneys:
Claudia S. Jack (on appeal) and Shipp R. Weems (at trial and on appeal), Columbia,
Tennessee, for the appellant, William Keith Blackburn.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney
General; T. Michel Bottoms, District Attorney General; and Doug Dicus, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
A Lawrence County Circuit Court Jury convicted the appellant, William Keith Blackburn, of first degree premeditated murder and especially aggravated robbery. The trial court imposed an effective life sentence. On appeal, the appellant raises the following issues for review:
1. Whether the evidence is sufficient to support the appellant's
convictions;
2. Whether the trial court erred in refusing to grant a mistrial after a detective testified that the appellant exercised his right to remain silent and refused to give police a statement;
3. Whether the trial court erred in admitting, or in the alternative not redacting, an audio tape recording of telephone calls the appellant made while in jail;
4. Whether the trial court erred by instructing the jury on flight and attempting to conceal or suppress evidence;
5. Whether the court reporter's failure to provide a complete transcript denied the appellant a full and complete appellate review; and
6. Whether the cumulative errors require a new trial.
Upon review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/blackburnw_072111.pdf
WILLIAM BRYANT v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Danny H. Goodman, Jr., Tiptonville, Tennessee, for the appellant, William Bryant.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Thomas A. Thomas, District Attorney General; and Kevin McAlpin, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
Much aggrieved of his convictions by a Obion County Circuit Court jury of three counts of rape of a child, the petitioner, William Bryant, filed a timely pro se petition for post-
conviction relief alleging his convictions resulted from an unconstitutional jury and the ineffective assistance of counsel. Following the appointment of counsel, amendment to the petition, and a full evidentiary hearing, the post-
conviction court ruled that the petitioner failed to prove his allegations by clear and convincing evidence and denied relief. Discerning no error, we affirm the order of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/bryantw_072111.pdf
STATE OF TENNESSEE v. STANLEY BUTLER
Court: TCCA
Attorneys:
Charles Waldman, Memphis, Tennessee, for the appellant, Stanley Butler.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William L. Gibbons, District Attorney General; and Summer Morgan and Nicole Germain, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: WITT
A Shelby County Criminal Court jury convicted the defendant, Stanley Butler, of three counts of aggravated assault, see T.C.A. section 39-13-102(a)(1)(B)(2006), for which he received
a total effective sentence of five years to be served on split confinement consisting of 12 months' confinement in the local workhouse followed by probation. On appeal, the defendant contends that the evidence is insufficient to support his conviction for aggravated assault only in count two. Discerning no infirmity in the evidence, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/butlers_072111.pdf
KERRY CHEARIS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Kerry Chearis, Whiteville, Tennessee, pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; and D. Michael Dunavant, District Attorney General, for the appellee, State of
Tennessee.
Judge: WITT
The petitioner, Kerry Chearis, appeals the summary dismissal of his petition for writ of habeas corpus, alleging that his convictions are void. Discerning no error, we affirm.
http://www.tba2.org/tba_files/TCCA/2011/chearisk_072111.pdf
STATE OF TENNESSEE v. GREGORY D. DOUGLAS
Court: TCCA
Attorneys:
David W. Camp, Jackson, Tennessee, for the appellant, Gregory D. Douglas.
Robert E. Cooper, Jr., Attorney General and Reporter; David Findley, Assistant Attorney
General; James G. Woodall, District Attorney General; and Brian Gilliam and Matthew
Floyd, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: MCLIN
A Madison County jury convicted the defendant, Gregory D. Douglas, of second degree murder, a Class A felony. The trial court sentenced him as a Range I, violent offender to twenty-
five years in the Tennessee Department of Correction. On appeal, the defendant argues that the evidence was insufficient to support his conviction and that his sentence was excessive. Following our review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/douglasg_072111.pdf
STATE OF TENNESSEE v. KEVIN ALLEN GENTRY
Court: TCCA
Attorneys:
Amber D. Haas, Sevierville, Tennessee, for the appellant, Kevin Allen Gentry.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; James B. Dunn, District Attorney General; and Jeremy D. Ball, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
A Sevier County Circuit Court Jury convicted the appellant, Kevin Allen Gentry, of twelve counts of especially aggravated sexual exploitation of a minor and ten counts of sexual
exploitation of a minor. The trial court imposed a total effective sentence of thirty-eight years in the Tennessee Department of Correction. On appeal, the appellant argues that the charges should be dismissed because the State "held back" the indictment in the instant case in violation of Rule 8(a) of the Tennessee Rules of Criminal Procedure, that the trial court erred in denying his motion to suppress because of an invalid search warrant, that the evidence is insufficient to sustain his convictions, and that the trial court erred in sentencing. Upon review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/gentryk_072111.pdf
MICHAEL TYRONE GORDON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Michael Tyrone Gordon, pro se.
Robert E. Cooper, Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Dan Hamm, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WOODALL
Petitioner, Michael Tyrone Gordon, has appealed from the trial court's dismissal of the pleading he designated as a "Motion to Correct Illegal Sentence," and which the trial court
treated as a petition for writ of habeas corpus. The State has filed a motion for this Court to affirm the judgment by Memorandum Opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. Upon review of Petitioner's brief, the State's motion and the entire record, we grant the State's motion and affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/gordonm_072111.pdf
STATE OF TENNESSEE v. WILLIAM LAMONT GREEN
Court: TCCA
Attorneys:
David A. Collins, Nashville, Tennessee, for the appellant, William Lamont Green.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Jeff Burks and Brian
Ewald, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: WITT
A Davidson County Criminal Court jury convicted the defendant, William Lamont Green, of second degree murder, and the trial court imposed a sentence of 23 years' incarceration. In this appeal, the defendant challenges the sufficiency of the convicting evidence. Finding no deficiency in the proof, we affirm.
http://www.tba2.org/tba_files/TCCA/2011/greenw_072111.pdf
ERIC DEWAYNE MCLEMORE v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Eric Dewayne McLemore, Mountain City, Tennessee, Pro se.
Robert E. Cooper, Attorney General and Reporter, and Sophia S. Lee, Assistant Attorney General.
Judge: THOMAS
The Petitioner, Eric Dewayne McLemore, appeals from the habeas corpus court's order denying his petition. The State has filed a motion requesting that this court affirm the habeas
corpus court's order pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State's motion and affirm the order of the habeas corpus
court.
http://www.tba2.org/tba_files/TCCA/2011/mclemoree_072111.pdf
DAVID EARL OFFUT v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
James T. Pinson, Murfreesboro, Tennessee, for the appellant, David Earl Offut.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Laural Nutt
Hemenway, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
The petitioner, David Earl Offut, appeals from the Rutherford County Circuit Court's denial of his petition for post-
conviction relief attacking his guilty-pleaded convictions for three counts of incest for which he is serving an effective sentence of 18 years' incarceration as a Range I, standard offender. He contends that his guilty pleas were entered involuntarily and unknowingly because trial counsel failed to adequately advise him regarding his release eligibility. Discerning no error, we affirm the judgment of the post-
conviction court.
http://www.tba2.org/tba_files/TCCA/2011/offutd_072111.pdf
STATE OF TENNESSEE v. MEAGAN N. REID
Court: TCCA
Attorneys:
Charles Herman, LaFollette, Tennessee, for the appellant, Meagan N. Reid.
Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; William Paul Phillips, District Attorney General; and La Tasha Wassom, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
A Campbell County Criminal Court Jury found the appellant, Meagan N. Reid, guilty of driving under the influence (DUI), third offense; possession of a Schedule II controlled
substance; and a violation of the implied consent law. The trial court imposed a total effective sentence of eleven months and twenty-nine days, 125 days of which were to be
served in the county jail with the remainder to be served on probation. On appeal, the appellant challenges the sufficiency of the evidence underlying her possession of a controlled substance conviction and the propriety of the State's cross-examination regarding a prior conviction for DUI. Finding no reversible error, we affirm the judgments of the trial court, but we remand for entry of a corrected judgment regarding the appellant's violation of the implied consent law.
http://www.tba2.org/tba_files/TCCA/2011/reidm_072111.pdf
DERRICK SUTTON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Joseph A. McClusky (on appeal) and William D. Massey (at trial), Memphis, Tennessee, for the appellant, Derrick Sutton.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and David Michael Zak, Jr.,
Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
The Petitioner, Derrick Sutton, appeals as of right from the Shelby County Criminal Court's denial of his petition for post-conviction relief. The Petitioner was convicted of especially aggravated robbery and sentenced as a violent offender to 21 years in the Tennessee Department of Correction. The Petitioner contends that the trial court erred in failing to charge facilitation of especially aggravated robbery as a lesser-included offense and that the trial court erred in defining the term knowingly in response to a question from the jury. The Petitioner also challenges the performance of trial and appellate counsel. Following our
review, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/suttond_072111.pdf
STATE OF TENNESSEE v. CARL J. WAGNER
Court: TCCA
Attorneys:
Michael A. Colavecchio, Nashville, Tennessee, for the appellant, Carl J. Wagner.
Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; Victor S. Johnson III, District Attorney General; Pamela Anderson and J.
Wesley King, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: WITT
A Davidson County Criminal Court jury convicted the defendant, Carl J. Wagner, of second degree murder, see T.C.A. section 39-13-210 (2006); first degree murder committed in the perpetration of an aggravated robbery, see id. section 39-13-202(a)(2); and especially aggravated
robbery, see id. section 39-13-403. The trial court imposed concurrent sentences of 22 years' incarceration, life imprisonment, and 22 years' incarceration, respectively, and merged the conviction of second degree murder into the conviction of first degree murder. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions. We determine that there is insufficient evidence to support the defendant's convictions of first degree murder committed in the perpetration of an aggravated robbery and especially aggravated robbery. We also determine, however, that there is sufficient evidence to support the defendant's conviction of second degree murder. Accordingly, we affirm the defendant's conviction in count one and remand that count for resentencing, and we reverse and dismiss the charges in counts two and three.
http://www.tba2.org/tba_files/TCCA/2011/wagnerc_072111.pdf
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| TODAY'S NEWS |
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Court of the Judiciary
Legal News
General Assembly News
Correction
Disciplinary Actions
TBA Member Services
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| Court of the Judiciary |
| New members appointed, others reappointed |
| Two new members have been appointed to the Tennessee Court of the Judiciary: Clarksville lawyer F. Evans Harvill with Harvill, Ross, Hogan & Ragland, who replaces Nashville lawyer Mary Martin Schaffner of Howell & Fisher PLLC and Tennessee Court of Criminal Appeals Judge D. Kelly Thomas Jr., who replaces Tennessee Court of Appeals Judge D. Michael Swiney. In addition, a number of members have been reappointed to their positions. They include 16th Judicial District Circuit Court Judge Don R. Ash, Memphis lawyer David Cook with the Hardison Law Firm, 30th Judicial District Criminal Court Judge Chris Craft, Davidson County General Sessions Judge Angelita Blackshear Dalton, Madison County General Sessions Judge Christy R. Little, Knoxville lawyer Pamela Reeves with Anderson, Reeves & Herbert PA, Tennessee Court of Appeals Judge J. Steven Stafford, 1st Judicial District Circuit Court Judge Jean A. Stanley and Sevier County General Sessions Judge Dwight E. Stokes.
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Download the full membership roster of the court
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| Legal News |
| New criminal court judge in it for the long haul |
| It may be a temporary appointment, but Knox County's newest judge says he's in it for the long haul. "I'll definitely run," said Steve Sword of next year's election for the criminal court judgeship to which he was appointed Wednesday. |
The News Sentinel has more
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| Deportation suit to go forward |
| U.S. District Judge Kevin Sharp ruled this week that a lawsuit against the Davidson County Sheriff's Office challenging its authority to participate in the 287(g) deportation program would go forward at the trial court level. The Nashville Metro government had asked the judge to move the suit to an appeals court after immigration attorney Elliott Ozment added more plaintiffs to the case. Sharp ruled that Metro "failed to carry its burden" of proving why the case should be heard by a higher court. |
Learn more in the Tennessean
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| Criminal Justice Center shut down temporarily |
| The Davidson County Criminal Justice Center in downtown Nashville was closed for about an hour yesterday while authorities investigated a suspicious package. A landscaping employee found an unattended backpack in front of the police headquarters at James Robertson Parkway and Second Avenue North and a guard called authorities at 12:24 p.m. The facility reopened about 1:45 p.m. after nothing dangerous was found.
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The Nashville City Paper reports
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| New judicial commissioner sworn in |
| Cannon County General Sessions Court Judge Susan Melton swore in local attorney Kyle Williams as the county's newest judicial commissioner during a ceremony at the Cannon County Courthouse on Tuesday. Williams replaces Nathan Jennings, who has joined the Circuit Court clerk's office. In his new position, Williams will be responsible for issuing search warrants and felony arrest warrants. |
See a photo of the ceremony in the Cannon County Courier
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| Election lawyer to be paid |
| A Nashville attorney who has been representing the Putnam County Election Commission since 2009 will finally be paid for his work defending the body in two separate lawsuits. The Election Commission, which had been pressuring the county to pay for the services, expressed frustration with the matter again yesterday, saying it had correspondence from the Tennessee Attorney General's office threatening to sue on its behalf. |
The Herald-Citizen has more
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| Videotape of Georgia execution approved |
| The state of Georgia will proceed today with the lethal injection of a death row inmate who will be the subject of the nation's first videotaped execution in nearly two decades. State corrections officials delayed the execution yesterday so they could figure out the logistics of recording an event that is usually witnessed only by prison officials, journalists and family members. The video recording was requested by attorneys for another Georgia death row inmate who hope to show that the state's injection procedure does not adequately sedate inmates.
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The Times Free Press reports
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| LSC releases annual report |
| The Legal Services Corporation (LSC) today released its 2010 Annual Report, highlighting efforts by the nation's single largest funder of civil legal assistance to promote equal access to justice. Among its findings, the report shows that LSC-funded programs closed 932,406 civil legal aid cases, including more than 321,000 cases involving family law issues and more than 235,000 cases involving housing matters. LSC President James J. Sandman writes in the Annual Report that "LSC is the bedrock on which our national system of access to civil justice stands -- and its foundation for the future."
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Download the report
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| 9/11 families to meet with DOJ about phone hacking |
| Relatives of 9/11 victims will meet with the U.S. attorney general and other Justice Department officials to discuss allegations that the now-defunct British tabloid News of the World targeted phone conversations and voice mails of victims of the 2001 terrorist attack. While allegations of phone hacking have focused primarily on British victims, news that Americans may have been targeted comes from an unidentified source that spoke with another British paper, the Mirror. |
WCYB Tri-Cities has this story from CNN
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| General Assembly News |
| Legislative Plaza to get ADA changes |
| The state has agreed to make modifications to Nashville's Legislative Plaza and War Memorial Building to ensure the area complies with the Americans with Disabilities Act of 1990. The commitment was made as part of an agreement with the U.S. Department of Justice Civil Rights Division, which had been investigating three complaints about the property. The division's investigation found that handrails were not continuous, signs were not posted at appropriate levels and architectural barriers prohibited easy access to restrooms and public hearing rooms. The state has agreed to make the necessary changes within two years.
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The Tennessean has more
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| Correction |
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| An item in yesterday's issue of TBA Today incorrectly identified two members of the office of the U.S. Attorney for the Eastern District of Tennessee. The executive assistant U.S. attorney is Gregg L. Sullivan (who was inadvertently omitted from the story) and the Criminal Division chief is Steven Hollingshead-Cook (who was misidentified). |
See the full list of personnel changes on Chattanoogan.com
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| Disciplinary Actions |
| Nashville lawyer censured |
| On July 20, Nashville lawyer John Jay Clark received a public censure from the Board of Professional Responsibility for improper conduct in several cases. The board found that he did not diligently pursue a client's cause of action, signed an incorrect agreed order, permitted the statute of limitations on a case to lapse, was not diligent in concluding a divorce, neglected his duties as an attorney and failed to communicate effectively with clients. |
Read the BPR's release
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| Shelby County lawyer censured |
| On July 20, Shelby County lawyer Timothy Allen Price received a public censure from the Board of Professional Responsibility for taking no action in a case he was paid to pursue. In December 2009, a client hired Price to prepare and file an application for Freedom of Information Act Request and to obtain a copy of the client's criminal record. Although Price was paid to perform the service, he took no action. In addition, the client's repeated attempts to contact Price were unsuccessful. In imposing the censure, the board also noted that Price recently received a two-year suspension for similar conduct.
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Read the BPR release
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| Davidson County lawyer censured |
| On July 20, Byron Ray Simpson received a public censure from the Board of Professional Responsibility for practicing law while his license was suspended. On Dec. 3, 2010, Simpson's license was suspended because he failed to pay his professional privilege tax. His license was returned to active status on Jan. 20. However, during the suspension period, the board found that he continued to practice law.
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Download the BPR notice
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| Davidson County lawyer censured |
| On July 21, Davidson County lawyer Nathaniel H. Koenig received a public censure from the Board of Professional Responsibility for failing to appear for a court date, resulting in dismissal of his client's case; failing to inform the client that the case had been dismissed; misleading the client that he was still waiting on a settlement offer; and failing to re-file the case in a timely manner after promising to do so.
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Download the BPR notice
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| 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
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or get an online rate quote
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Questions, comments: Email us at TBAToday@tnbar.org
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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