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| Wednesday, July 27, 2011 |
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Court makes certain forms universally accepted
The Tennessee Supreme Court today adopted a new rule that allows it to make certain forms universally accepted in lower courts across the state. It also invoked the rule for the first time and approved eight forms that can be used in uncontested divorces without minor or dependent children. The forms, which will be accepted for use beginning on Sept. 1, were vetted by the TBA's Access to Justice Committee, Family Law Section and House of Delegates.
TBA President Danny Van Horn responded to the court's action saying, "Clients and our system of justice are better served by the care, expertise and attention that only lawyers can bring to legal matters. Unfortunately our society has been unwilling to put enough resources in our system to give everyone access to counsel in critical matters such as divorce, child custody and the loss of one's home."
Van Horn added that "Tennessee lawyers have demonstrated the volunteer spirit by providing thousands of hours of free or reduced cost legal services. We have also worked with the court to enhance pro bono representation. Because it is a sad reality that many Tennesseans are forced to come to court in life-altering matters without the assistance of counsel, we applaud this latest effort to help clients and judges through the use of universal forms in certain well defined instances."
Read more or download the orders and forms at the AOC website
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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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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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EVELYN BURNINE v. VICTOR MICHAEL DAUTERIVE
Court: TCA
Attorneys:
G. Michael Casey, Jackson, Tennessee, for the appellant, Victor Michael Dauterive.
Evelyn Burnie, Medina, Tennessee, pro se.
Judge: HIGHERS
This appeal involves an award of retroactive child support. When the child was an infant,
the mother lied and told the father that the child had died. Subsequently, custody of the child
was transferred back and forth numerous times between the mother and the maternal
grandmother. The father's paternity was established when the child was thirteen, and after
establishing a relationship with the child, the father sought to be named primary residential
parent. The grandmother then petitioned for retroactive child support. Father was named
primary residential parent, but the juvenile court ordered the father to pay approximately
$40,000 in retroactive child support to the grandmother, finding a certain statute that
provides for deviations in retroactive child support to be inapplicable to this situation. We
reverse the court's decision and vacate its award of retroactive child support, and remand for
further proceedings.
http://www.tba2.org/tba_files/TCA/2011/burninee_072711.pdf
ROBERT LEE MELVIN v. WENDY ANN MELVIN
Court: TCA
Attorneys:
Thomas F. Bloom, Nashville, Tennessee, for the appellant, Robert Lee Melvin.
Shawn Joseph McBrien, Lebanon, Tennessee, for the appellee, Wendy Ann Melvin.
Judge: FARMER
Plaintiff Husband appeals the trial court's order awarding him no visitation with the parties'
children, its classification and award of property to Mother, and the award of attorney's fees
to mother. We reverse in part, affirm in part, and remand to the trial court to set visitation.
http://www.tba2.org/tba_files/TCA/2011/melvinr_072711.pdf
STATE OF TENNESSEE v. JIM FREDERICK HEGEL
Court: TCCA
Attorneys:
Steve McEwen (on appeal), Mountain City, Tennessee, Andrew J. Gibbons (on appeal),
Blountville, Tennessee, and Randall D. Fleming (at trial), Kingsport, Tennessee, for the
appellant, Jim Frederick Hegel.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney
General; H. Greeley Welles, Jr., District Attorney General; and Julie R. Canter and Amber
D. Massengill, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: OGLE
A Sullivan County Criminal Court jury convicted the appellant, Jim Frederick Hegel, of rape
of a child and incest. After a sentencing hearing, the trial court ordered that he serve
consecutive sentences of nineteen and three years, respectively. On appeal, the appellant
contends that (1) the evidence is insufficient to support the convictions, (2) the prosecutor
made improper comments during voir dire about the victim's testimony and credibility that
may have biased the jury against the appellant, and (3) the trial court improperly ordered
consecutive sentencing. Based upon the record and the parties' briefs, we affirm the
judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/hegelj_072711.pdf
STATE OF TENNESSEE v. SAMIR RAMON MEJIA
Court: TCCA
Attorneys:
Richard L. Burnett (on appeal) and Bryan E. Delius (at trial), Sevierville, Tennessee, for the
appellant, Samir Ramon Mejia.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant
Attorney General; James B. Dunn, District Attorney General; and Ashley Musselman,
Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
After a bench trial, the Sevier County Circuit Court convicted the appellant, Samir Ramon
Mejia, of simple possession of a Schedule II controlled substance, a Class A misdemeanor,
and sentenced him to eleven months, twenty-nine days to be served as six months in jail and
the remainder on supervised probation. On appeal, the appellant contends that the trial court
erred by denying his motion to suppress evidence because the arresting officer lacked
reasonable suspicion to pat-down the appellant for weapons. Based upon the record and the
parties' briefs, we conclude that the officer lacked reasonable suspicion for the pat-down and
reverse the appellant's conviction.
http://www.tba2.org/tba_files/TCCA/2011/mejias_072711.pdf
STATE OF TENNESSEE v. DWIGHT A. SHANKLE
Court: TCCA
Attorneys:
J. McMurray Johnson, Athens, Tennessee, for the appellant, Dwight A. Shankle.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel,
Criminal Justice Division; Robert Steven Bebb, District Attorney General; and Andrew M.
Freiberg, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The defendant, Dwight A. Shankle, was convicted of facilitation of promotion of the
manufacturing of methamphetamine, a Class E felony. He was sentenced to four years in the
Tennessee Department of Correction as a Range III, persistent offender. On appeal, he
argues that the evidence was insufficient to support his conviction and that the indictment
was faulty. After careful review, we affirm the judgment from the trial court.
http://www.tba2.org/tba_files/TCCA/2011/shankleda_072711.pdf
IN RE: ALEA DANIELLE ASHBY, BPR 024069
Court: TSC-Disciplinary_Order
Judge: CLARK
Suspension
http://www.tba2.org/tba_files/TSC/2011/ashbya_072711.pdf
IN RE: JAVIER MICHAEL BAILEY, BPR 014186
Court: TSC-Disciplinary_Order
Judge: CLARK
Petition for Summary Suspension Denied
http://www.tba2.org/tba_files/TSC/2011/baileyj_072711.pdf
IN RE: ROBERT THOMAS CARTER, BPR 013185
Court: TSC-Disciplinary_Order
Judge: CLARK
Suspension
http://www.tba2.org/tba_files/TSC/2011/carterr_072711.pdf
IN RE: JOHN W. PRICE, BPR 008016
Court: TSC-Disciplinary_Order
Judge: CLARK
Censure
http://www.tba2.org/tba_files/TSC/2011/pricej_072711.pdf
IN RE: TIMOTHY ALLEN PRICE, BPR 21652
Court: TSC-Disciplinary_Order
Judge: CLARK
Suspension
http://www.tba2.org/tba_files/TSC/2011/pricet_072711.pdf
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| TODAY'S NEWS |
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Legal News
Disciplinary Actions
TBA Member Services
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| Legal News |
| Taylor named new general sessions judge |
| Hawkins County commissioners this week approved the appointment of Juvenile Court Judge James "Jay" Taylor as the county's new general session judge. After the meeting adjourned, the oath of office was administered by County Clerk Carroll Jenkins. Taylor fills a vacancy that resulted from the death of Judge David Brand last May. The appointment will be temporary, with voters selecting a judge next year to fill the remainder of Brand's term. Taylor said he intends to seek election to the post. |
The Rogersville Review reports
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| 5 vie for clerk post |
| Five candidates have been nominated to replace David Torrence as the new Davidson County Criminal Court clerk. The list includes Councilman Michael Craddock; former Vice Mayor Howard Gentry; Gayle Barbee, who is director of operations for the state's Board of Probation and Parole; Friedman's Army-Navy Store owner Frank Friedman; and former Davidson County Mental Health Court program director Steven Murff. The nominees now go to the Nashville Bar Association and the Napier-Looby Bar Association for recommendations. The council is set to appoint a new clerk Aug. 16. |
Read more in the City Paper
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| New officers named to UM Law alumni board |
| The University of Memphis Law Alumni Board has selected Tanja L. Thompson, a partner with Kieswetter Wise Kaplan Prather PLC, as its new president and Circuit Court Judge Robert "Butch" Childers as president-elect. In addition, R. Hunter Humphreys, an adjunct professor of real estate transactions at the law school, has been named secretary/treasurer. New board members are Robert E. Craddock Jr. with Wyatt, Tarrant & Combs and John I. Houseal Jr. with Glankler, Brown PLLC. All are from Memphis.
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Read more about these lawyers on the law school's website
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| IP firm expands Knoxville office |
| Merchant & Gould, a national intellectual property law firm, has announced it will expand its presence in Knoxville -- its only Tennessee location. Plans include adding four attorneys from Pitts & Brittian PC, including one of that firm's founding shareholders, R. Bradford Brittian. Other new hires include J. Kenneth Hoffmeister, Steven F. Owens and Matthew J. Stark. Two other lawyers, John T. Winemiller and John A. Lucas, both previously with Hunton & Williams LLP, round out the firm's commercial, patent and trademark litigation team.
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Read more about the moves on the firm's website
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| Recusal issue at stake in Memphis suit |
| According to an investigative report by WSMV News Channel 4, Memphis Judge Jerry Stokes never disclosed during a divorce proceeding that his staff asked police to investigate the woman involved because they feared she had threatened to kill him. According to police records, the judge's clerk heard from a detective that the woman had plans to find someone to kill Stokes. Authorities ultimately found the claim baseless and dropped the case. Records also show that Stokes considered recusing himself, but decided against it. The woman has filed a motion with the state court of appeals to force a recusal. A hearing on the matter is set for August.
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Read more here
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| New DNA not linked to 'West Memphis 3' |
| Newly tested DNA found at the crime scene where Arkansas death row inmates Damien Echols, Jason Baldwin and Jessie Misskelley Jr. are alleged to have killed three boys, does not match any of them. A human hair that was discovered with one of the victim's clothing, and a small amount of human DNA found on one victim's sneaker is that of unidentified individuals, according to a defense motion filed this week. Advocates pushing to free the men, who were teens at the time of the murders, say this adds credence to their assertion that they are innocent.
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The Commercial Appeal reports
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| Haslam names state housing chief |
| Gov. Bill Haslam this week announced the appointment of Brian Bills as chairman of the Tennessee Housing Development Agency. Bills previously served as senior vice president for SunTrust Mortgage in Knoxville and has more than 17 years experience in management and business.
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Chattanoogan.com has more
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| Disciplinary Actions |
| Memphis lawyer reinstated |
| Memphis lawyer John R. Dunlap was reinstated to the practice of law today after paying his 2010 BPR registration fee and state professional privilege tax, as well as any required fines, and filing the 2010 IOLTA compliance form. No further action by the court was required for his reinstatement.
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| Davidson County lawyer suspended |
| On July 19, Davidson County lawyer Alea Danielle Ashby was suspended for three years and ordered to pay the Board of Professional Responsibility and the clerk of the court the costs associated with her disciplinary proceeding. |
Download the court order
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| Coffee County lawyer suspended |
| Coffee County lawyer Robert Thomas Carter was suspended from the practice of law for five years on July 20. However, the court will allow him to serve 14 months on actual suspension and 46 months of probated suspension subject to the following conditions: (1) meet with a practice monitor each month, (2) extend his Tennessee Lawyers Assistance Program (TLAP) contract for five years and (3) permit monthly screenings by TLAP. |
Download the court order
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| Shelby County lawyer allowed to practice while under investigation |
| Shelby County lawyer Javier Michael Bailey may continue practicing law while the Board of Professional Responsibility conducts a investigation into complaints of misconduct. The board had petitioned the state Supreme Court for summary suspension in the case, but the court ruled that Bailey's continued practice would not pose a threat of substantial harm to the public. It denied the petition without prejudice. |
Download the court order
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| TBA Member Services |
| New solutions for your insurance needs |
| Working with Graham Swafford III, the TBA Member Insurance Solutions Program is able to provide members with exclusive benefits, personalized service, and pricing discounts for disability income insurance, business overhead expense insurance, life and long-term care insurance with other employee related benefits. TBA Member Insurance Solutions can also provide an objective review of your current health insurance program, evaluate your needs, and recommend the most cost effective solution. |
Learn more about TBA Insurance Solutions now
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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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