Thursday, August 04, 2011
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Equal Justice University set for Oct. 12-14

The Tennessee Alliance for Legal Services has announced that Jim Sandman, president of the Legal Services Corporation, will be the keynote speaker at this year's Equal Justice University, to be held Oct. 12-14 at Paris Landing State Park. The event, co-sponsored by TALS and the Tennessee Bar Association, brings together lawyers, advocates and professionals providing civil legal assistance in Tennessee. The meeting provides 15 hours of CLE credit through workshops, task force meetings and networking.

Learn more about the conference
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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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 open them from there. 1) Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. 2) Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.
JERRY KITTRELL v. WILSON COUNTY, TENNESSEE, ET AL.

Court: TCA

Attorneys:

Michael Ray Jennings, Lebanon, Tennessee, for the appellants, Wilson County, Tennessee and the Wilson County Board of Zoning Appeals.

Michael W. Ferrell, Mt. Juliet, Tennessee, for the appellee, Jerry Kittrell.

Judge: COTTRELL

The owner of a piece of rural property in Wilson County applied for a "permissible use" permit that would allow him to display vehicles for sale on the property. The County planning staff recommended against issuance of a permit, reasoning that the proposed use was not consistent with other uses permitted in an A-1 (agricultural) zoning district. The owner appealed to the Board of Zoning Appeals, which agreed to issue the permit, but limited the use to "no more than 10 serviceable items being on the property at any given time." The owner challenged the limitation by filing a petition for writ of certiorari in the Wilson County Chancery Court. The court determined that the BZA had acted arbitrarily and had exceeded its authority by placing a condition on the owner's use of the property of a type not contemplated by the controlling ordinance, and it removed that condition. We affirm the removal of the condition, but we reverse the trial court's holding that the BZA had violated the property owner's substantive due process rights.

http://www.tba2.org/tba_files/TCA/2011/kittrellj_080411.pdf
STATE OF TENNESSEE v. ERNEST LEE JENNINGS

Court: TCCA

Attorneys:

Gary F. Antrican and Shana Johnson (at trial and on appeal), Somerville, Tennessee, and Clifford K. McGown, Jr. (on appeal), Waverly, Tennessee, for the Appellant, Ernest Lee Jennings.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Mike Dunavant, District Attorney General; and Terry Dycus, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Fayette County jury convicted the Defendant, Ernest Lee Jennings, of sexual exploitation of a minor and three counts of rape of a child, and the trial court sentenced him to an effective sentence of eighty-five years in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court erred when it imposed consecutive sentencing. After a thorough review of the record and the applicable law, we affirm the trial court's judgments.

http://www.tba2.org/tba_files/TCCA/2011/jenningse_080411.pdf
STATE OF TENNESSEE v. ROBERT COLIN PELFREY

Court: TCCA

Attorneys:

Joe. H. Walker, District Public Defender, and Walter Bohanan Johnson, II, Assistant Public Defender, for the appellant, Robert Colin Pelfrey.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Russell Johnson, District Attorney General; and William Reedy, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

A Roane County grand jury indicted the Defendant, Robert Colin Pelfrey, for aggravated burglary, a Class C felony, resisting arrest, a Class B misdemeanor, and assault, a Class B misdemeanor. The Defendant pled guilty to the aggravated burglary charge and agreed to a sentence of three years, with the manner of service left to the discretion of the trial court. The remaining counts were dismissed. The trial court sentenced the Defendant as a Range I, standard offender to three years in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in denying all forms of alternative sentencing. Following our review, we affirm the Defendant's sentence for the aggravated burglary conviction. However, we remand the Defendant's case because the judgment for the resisting arrest count improperly reflects that the Defendant was indicted for evading arrest, a Class E felony. The trial court is directed to correct that judgment in accordance with the indictment.

http://www.tba2.org/tba_files/TCCA/2011/pelfreyr_080411.pdf
STATE OF TENNESSEE v. JOSE LUIS VIZCAINO-RAMOS

Court: TCCA

Attorneys:

Clifford K. McGown, Jr., Waverly, Tennessee (on appeal); Gary F. Antrican, District Public Defender; Shana Johnson and Kari Weber, Assistant District Public Defenders, Somerville, Tennessee (at trial), for the Defendant-Appellant, Jose Luis Vizcaino-Ramos.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Senior Counsel; D. Michael Dunavant, District Attorney General; and Joe Van Dyke, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

The Defendant-Appellant, Jose Luis Vizcaino-Ramos, was convicted by a Hardeman County jury of first degree premeditated murder and sentenced to life with the possibility of parole. On appeal, Vizcaino-Ramos presents the following issues for our review: (1) whether the trial court erred by admitting the testimony of the victim's son; and (2) whether the evidence was sufficient to support his conviction. Upon review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/vizcaino-ramosj_080411.pdf
STATE OF TENNESSEE v. GEORGE WASHINGTON

Court: TCCA

Attorneys:

Charles S. Mitchell, Memphis, Tennessee, for the appellant, George Washington.

Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; William L. Gibbons, District Attorney General; Dennis Johnson, Assistant District Attorney General; and Brooks Yelverton, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, George Washington, was convicted of aggravated vehicular homicide. He was sentenced to serve twenty-five years in the Department of Correction. In this appeal Defendant challenges the sufficiency of the evidence to sustain the conviction and asserts that the sentence is excessive. Following a review of the record and the briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/washingtong_080411.pdf
TODAY'S NEWS
Legal News
General Assembly News
Correction
Upcoming
TBA Member Services
Legal News
TBA recognized by national bar group
The Tennessee Bar Association was recognized today for its support of the profession by the president of the National Association of Bar Executives. TBA Executive Director Allan Ramsaur accepted the award from NABE President Carolyn Witt during an awards luncheon in Toronto. Witt praised the TBA for its support in hosting the NABE Governmental Affairs Section and the NABE Board of Directors this past year and for hosting the NABE Communications Section this coming fall.
See a photo of the event on TBAConnect
Five defendants seek Baumgartner's TBI file
Four defendants convicted in the January 2007 torture-slaying of a Knox County couple and a defendant seeking a new trial in a child rape case are trying to get their hands on the Tennessee Bureau of Investigation's file on former Knox County Criminal Court Judge Richard Baumgartner, who presided over their cases. For now, the state does not appear to object to release of the file so long as it is limited to the defendants and their attorneys. The news comes just a day after one of the lawyers suggested that members of the Knox County District Attorney's office may have been witnesses in the TBI probe.
Read more about the issue in the News Sentinel
Memphis lawyer honored for pro bono work
The Memphis office of Baker, Donelson, Bearman, Caldwell & Berkowitz PC has named David Bearman its pro bono attorney of the year. Bearman, a shareholder who practices in the firm's business litigation group, recorded more than 200 hours of pro bono work in 2010 representing clients in landlord-tenant disputes, contract disputes, will contests, employment disputes, wrongful death actions, and child-support and custody matters.
The Memphis Daily News reports
Judge raises bail to prevent absences
A Johnson City woman who failed to keep in contact with her court-appointed attorney won't have that problem now that a judge has put her back in jail. The appointed attorney filed a motion to be relieved as counsel after the woman refused to maintain contact. The judge responded by revoking the original bail of $5,000, setting a new bail of $500,000 and ordering the defendant back to jail. "Your lawyer will be able to find you now," the judge said as an officer handcuffed the woman.
The Johnson City Press has more
Court limits bank immunity
A recent ruling from the Tennessee Court of Appeals has limited the immunity banks once had when it comes to liability for withdrawals of money under powers of attorney. The ruling came in a Memphis case in which an account holder's nephew withdrew money from his uncle's account. The trial court ruled the bank was immune from wrongdoing because the nephew possessed his uncle's power of attorney. The appeals court disagreed, saying state law does not support the notion that banks automatically are insulated from liability just because a power of attorney exists.
The Memphis Daily News reports
File for FEMA assistance by Aug. 9
Individuals and businesses impacted by storms this past spring have until Aug. 9 to apply for recovery assistance from the Federal Emergency Management Agency. Twenty-six counties in the state were designated as federal disaster areas after severe storms, tornadoes, straight-line winds and flooding hit on April 25-28.
Learn more from FEMA
Ex-Kingsport officer connected to porn ring
The Department of Justice yesterday announced charges against 71 individuals accused of involvement with an online international child pornography network. Among them was Richard Chandler, a former Kingsport police officer who resigned two weeks ago following his arrest on a sealed federal indictment. In announcing the charges, U.S. Attorney General Eric Holder said the operation was the largest U.S. prosecution of an online international child exploitation network.
The Kingsport Times News has more on the story
Judge approves bar exam help for blind student
A visually impaired student at Vermont Law School will be able to use special software to take her multistate ethics exam says a federal judge. The software enlarges font size and reads text aloud. The National Conference of Bar Examiners had fought the request, saying a test taker could copy the test onto his or her laptop. The group said it instead prefers to offer Braille, large-print and audio versions of the test.
The ABA Journal has the story
American allowed to sue Rumsfeld over torture
U.S. District Judge James Gwin has ruled that an Army veteran who says he was imprisoned unjustly and tortured by the U.S. military in Iraq may sue former Defense Secretary Donald H. Rumsfeld personally for damages. The U.S. Justice Department, which is representing Rumsfeld, has argued he cannot be sued personally for official conduct, and that the judiciary does not have authority to review wartime decisions that are the constitutional responsibility of Congress and the president.
Learn more from the AP
General Assembly News
Legislative buildings lose power
A spokeswoman for the Nashville Electric Service says power outages to about 20 downtown buildings -- including the state Capitol -- today was the result of a work crew accidentally cutting into underground cable. The incident occurred around 11:30 a.m. and affected a six-block radius, including War Memorial Auditorium, Tennessee Towers and Legislative Plaza. Power was expected to be restored by late afternoon.
The Tennessean has more
Correction
Some footnote numbers were missing from the text of the August Tennessee Bar Journal article, "The Tennessee Civil Justice Act of 2011: What a Difference a Day Made," by John W. Elder and Joshua R. Walker. The error caused a reflow so that the notes did not line up correctly with their references. You can now read the corrected version online. Also, Kathryn Reed Edge's "Bank On It" column should have stated there are 11 members of the Tennessee Financial Literacy Commission.
Upcoming
KBA hosts networking event with local judges
The Knoxville Bar Association's Government & Public Service Lawyers Section will host a brown-bag lunch with local judges on Aug. 9 from noon to 1:30 p.m. The event, to be held at the U.S. Attorney's Office at 800 Market Street, Suite 211, will feature remarks from U.S. District Court Judge Thomas A. Varlan and Knox County Circuit Court Judges Harold Wimberly Jr. and Wheeler A. Rosenbalm. Daniel Sanders with the Knox County Law Department will serve as moderator. Interested individuals should RSVP by Aug. 8 on the KBA's website.
Register here
TBA Member Services
Health savings accounts now available
The TBA has partnered with First Horizon Msaver Inc. to offer Health Savings Accounts (HSAs) and HSA-qualified health plans for individuals and groups to members. HSAs are tax-advantaged accounts that let you set aside money to pay for current and future medical expenses. For more information, or to obtain an instant quote for an HSA-qualified health plan, call the TBA's dedicated toll-free customer care line at (866) 257-2659 or visit the TBA member web site.
Click here

 
 
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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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