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| Monday, August 22, 2011 |
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TBA to weigh in on indigent representation contract work
A Tennessee Supreme Court proposal to contract out legal work for poor people -- a
revision to Rule 13, Section 7
-- is getting a lot of attention before its Sept. 1 comment deadline.
Laura Click, spokesperson for the Administrative Office of the Courts,
tells WPLN
the proposal is a cost-saving measure, although the savings would depend on the prices attorneys set in their bids.
The TBA, with leadership from its Criminal Justice Section and Access to Justice Committee, is preparing a recommendation in response to the proposal. TBA president Danny Van Horn said that the emphasis of the comment will be on "the necessity to assure high quality professional representation for those unable to afford counsel." The TBA will suggest a pilot, guided by an advisory group of lawyers with experience in indigent representation, to examine the workability of contract representation in mental health committal and child support contempt matters only.
The News Sentinel has more
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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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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2011/certlist_082211.pdf
LEE BROWN AND GUTTERSHUTTER OF NASHVILLE, LLC v. DAVID STYLES ET AL.
Court: TCA
Attorneys:
Timothy H. Nichols, Nashville, Tennessee, for the appellant, Lee Brown.
T. Holland McKinnie and Keith J. Woodruff, Franklin, Tennessee, for the appellees, David Styles and Goldie Styles.
Judge: CLEMENT
Appeal from a judgment confirming an arbitration award. The principle defense is that the appellant, the party against whom the arbitration award was issued, was never a party to the arbitration agreement at issue and did not participate in the arbitration proceedings. The trial court confirmed the arbitration award and enrolled a judgment against the appellant in the amount of $78,956.80 plus costs. We reverse the confirmation of the award against the appellant upon the finding that the trial court lacked subject matter jurisdiction to confirm the award. This is because the statute which confers jurisdiction upon the court to confirm arbitration awards, Tenn. Code Ann.section 29-5-302, requires a written arbitration agreement between the parties, and there is no written agreement between the appellant and appellee to
arbitrate. Thus, the trial court was without jurisdiction to confirm an arbitration award against the appellant.
http://www.tba2.org/tba_files/TCA/2011/brownl_082211.pdf
EDDIE C. PRATCHER, JR., SURVIVING SPOUSE OF SANDRA Y. JONES PRATCHER V. METHODIST HEALTHCARE-MEMPHIS HOSPITALS, ET AL.
Court: TCA
Attorneys:
Randall Loftin Kinnard and Daniel Louis Clayton, Nashville, Tennessee and Steven Rand Walker, Memphis, Tennessee, for the appellant, Eddie C. Pratcher, Jr.
Lee James Chase, III, Memphis, Tennessee, for the appellee, Methodist Healthcare - Memphis Hospitals.
Judge: PER CURIAM
Appellant appealed the trial court's order granting Appellee's "Motion of Methodist Healthcare-Memphis Hospitals to Strike, or in the Alternative, Motion in Limine, or In the Alternative, for Partial Judgment and Memorandum." We dismiss this appeal for lack of jurisdiction.
http://www.tba2.org/tba_files/TCA/2011/pratchere_082211.pdf
LESLIE L. COLEMAN v. JIM MORROW, WARDEN
Court: TCCA
Attorneys:
Leslie L. Coleman, Mountain City, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; and James Michael Taylor, District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The petitioner, Leslie L. Coleman, pled guilty to one count of felony murder and one count of especially aggravated robbery. He was sentenced to concurrent terms of life in prison and fifteen years. He now appeals the summary dismissal of his petition for habeas corpus relief, arguing that the court below erred in concluding that the trial court had the authority to sentence him to life in prison. Because the petitioner has failed to establish that his judgment is void or that he is otherwise entitled to relief, we affirm the dismissal of his habeas corpus petition.
http://www.tba2.org/tba_files/TCCA/2011/colemanl_082211.pdf
STATE OF TENNESSEE v. TIMOTHY EVANS AND MICHAEL DANIELS
Court: TCCA
Attorneys:
John G. McDougal, Chattanooga, Tennessee, for the appellant, Timothy Evans, and Jesse W. Dalton, III, Chattanooga, Tennessee, for the appellant, Michael Daniels.
Robert E. Cooper, Jr., Attorney General and Reporter; John H. Blesdsoe, Assistant Attorney General; William H. Cox, District Attorney General; and Neal Pinkston, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
A Hamilton County Criminal Court jury convicted the appellants, Timothy Evans and Michael Daniels, of first degree premeditated murder and conspiracy to commit first degree
premeditated murder. In addition, the jury convicted Evans of carrying a dangerous weapon. After a sentencing hearing, the trial court sentenced Evans to concurrent sentences of life for
the murder conviction, sixteen years for the conspiracy conviction, and thirty days for the carrying a dangerous weapon conviction. The trial court sentenced Daniels to consecutive sentences of life for the murder conviction and twenty-three years for the conspiracy conviction. On appeal, the appellants argue that (1) the evidence is insufficient to support the convictions, (2) the trial court erred by refusing to grant their motions to sever, (3) the trial court erred by using extreme and unnecessary security measures that prejudiced the jury against them, and (4) the trial court erred by failing to grant their motions for a new trial because the State's gang expert committed perjury. In addition, Daniels argues that (5) the trial court erred by failing to redact the indictments properly and (6) the trial court failed to control a witness adequately while the witness was testifying. Finally, the appellants contend that the cumulative effect of the errors warrants a new trial. Based upon the oral arguments, the record, and the parties' briefs, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/evanst_082211.pdf
STATE OF TENNESSEE v. WILLIE HAMPTON
Court: TCCA
Attorneys:
Robert W. Jones, District Public Defender; Michael Johnson, Assistant Public Defender, Memphis, Tennessee, for the Defendant-Appellant, Willie Hampton.
Robert E. Cooper, Jr., Attorney General and Reporter; , Assistant Attorney General; Rachel Willis; Amy P. Weirich, District Attorney General; and Anita Spinetta, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
A Shelby County jury convicted the Defendant-Appellant, Willie Hampton, of theft of property in excess of $10,000, a Class C felony. The Defendant-Appellant was sentenced as a Range III, persistent offender, to a term of fifteen years imprisonment in the Tennessee Department of Correction. In this appeal, the sole issue presented for our review is whether the evidence presented at trial was sufficient to support the Defendant-Appellant's conviction of theft over $10,000. Upon our review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/hamptonw_081911.pdf
STATE OF TENNESSEE v. KENNETH HAYES
Court: TCCA
Attorneys:
Juni S. Ganguli, Memphis, Tennessee, for the Appellant, Kenneth Hayes.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William L. Gibbons, District Attorney General; Doug Carriker and Kate Edmands, Assistant District Attorneys General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
A Shelby County jury convicted the Defendant, Kenneth Hayes, of reckless aggravated assault, two counts of aggravated assault, criminal attempt to commit the intentional killing of an animal worth over $1000, theft of property over $1000, and evading arrest. The trial court ordered the Defendant to serve an effective sentence of forty years, eleven months, and twenty-nine days in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court imposed an excessive sentence and that it erred when it denied him alternative 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/hayesk_082211.pdf
STATE OF TENNESSEE v. HERSCHEL VAN LILLARD, JR.
Court: TCCA
Attorneys:
William A. Lane, Nashville, Tennessee, for the appellant, Herschel Van Lillard, Jr.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Paul DeWitt and
Dan Hamm, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Herschel Van Lillard, was convicted by a Davidson County jury of first degree felony murder and was sentenced by the trial court to life imprisonment in the
Department of Correction. The sole issue he raises on appeal is whether the evidence was sufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/lillardh_082211.pdf
EMMETT RUSSELL MCGEE, JR. v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Roger Clay Parker, Shelbyville, Tennessee, for the appellant, Emmett Russell McGee, Jr.
Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The petitioner, Emmett Russell McGee, Jr., appeals from the Bedford County Criminal Court's denial of post-conviction relief from his convictions based upon guilty pleas on two
counts of possession with intent to sell three hundred grams or more of cocaine and the resulting sentences of ten and eleven years to be served consecutively. On appeal, the
petitioner contends that his guilty plea was not voluntarily entered due to the ineffective assistance provided by trial counsel. Specifically, he contends that trial counsel gave him
improper advice concerning the possible sentences he could receive if he proceeded to trial. In addition, for the first time on appeal, the petitioner raises a challenge to the consecutive
nature of the sentences, asserting that it is illegal and excessive in light of the fact that the elements of both convictions arose out of the same transaction. Following review, we conclude that the post-conviction court properly determined that trial counsel was not ineffective. Further, we conclude that the petitioner has waived review of his second issue. As such, the denial of his petition for post-conviction relief is affirmed.
http://www.tba2.org/tba_files/TCCA/2011/mcgeee_082211.pdf
STATE OF TENNESSEE v. DESHAWN WENTZ
Court: TCCA
Attorneys:
Michael D. Noel, Brentwood, Tennessee, for the appellant, Deshawn Wentz.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Robert J. Nash and Helen O. Young, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Deshawn Wentz, was convicted by a Montgomery County jury of possession of .5 grams or more of cocaine with intent to sell, a Class B felony, and tampering with evidence, a Class C felony, and was sentenced by the trial court to concurrent terms of eleven and seven years, respectively, to be served in the Department of Correction. On appeal, he contends that (1) the trial court erred in denying his motion to suppress and (2) the evidence is insufficient to sustain his convictions. Following our review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/wentzd_082211.pdf
STATE OF TENNESSEE v. GUY ALVIN WILLIAMSON
Court: TCCA
Attorneys:
Gary Antrican, District Public Defender; and Parker O. Dixon, Assistant Public Defender, for the appellant, Guy Alvin Williamson.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; D. Michael Dunavant, District Attorney General; and James Walter Freeland, Jr., Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Guy Alvin Williamson, was convicted by a Tipton County Circuit Court jury of being a convicted felon in possession of a handgun and possession of a firearm while
under the influence of alcohol or a controlled substance. He was sentenced to an effective term of three years, suspended to probation. On appeal, he argues that the trial court erred
in denying his motion to suppress the evidence and dismiss the indictment and that the evidence was not sufficient to support his conviction for convicted felon in possession of
a handgun. After review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/williamsong_082211.pdf
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| TODAY'S NEWS |
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Legal News
Tenn. Government
Upcoming
TBA Member Services
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| Legal News |
| Limits on paternity fraud at issue |
| A case pending before the Tennessee Supreme Court asks, for the first time, if it should create a cause of action for so-called "paternity fraud," or decide that it's not the courts' role to remedy such betrayals. |
The Tennessean reports
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| Slow economy a boost for one company |
| Counsel on Call, "a sort of employment agency for lawyers," got a boost when the economy tanked. Today, 11 years after Jane Allen founded the company to juggle her own legal career and growing family, it has grown to have offices in six cities.
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Learn more in the Tennessean
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| Knox lawyers account for much of indigent defense bills |
| None of the 12 Knox County lawyers is
being accused of fraudulent billing, but the Administrative Office of the Courts does want to talk to each of them in light of their billings of more than $100,000
to the the state's indigent defense fund. |
The News Sentinel has this story
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| You still have to do the right thing, even in bad economy |
| In a column, Knoxville lawyer Pam Reeves explains that
the Tennessee Court of Appeals "recently reminded us that tough economic times do not justify financial wrongdoings or misrepresentations." |
Read her column in the News Sentinel
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| First 'West Memphis 3' judge calls them 'murderers' |
| The original judge in the cases of the "West Memphis Three" spoke out Sunday on their release. The three men pled guilty but continued to maintain their innocence in a judicial maneuver called an Alford plea.
"They admitted their guilt, they pled guilty and were allowed to disown that," said
former Craighead County Circuit Judge David Burnett, who retired in January 2009 and lives in Osceola, Ark. "The fact is that they'll remain murderers for the rest of their lives. They walked out of that courtroom as murderers." |
The Commercial Appeal reports
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| Fly the more passenger-friendly skies, starting Tuesday |
| New rules from the Department of Transportation -- designed to prevent long ground delays for international passengers, provide greater compensation if fliers are bumped off flights and make airlines better disclose extra fees -- take effect Tuesday. |
USAToday has details
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| Tenn. Government |
| Governor's lawyer, lobbyist profiled |
| Gov. Bill Haslam's friend and lawyer,
Herb Slatery, and
director of legislation
Leslie Hafner, are
profiled. Before joining Haslam, Slatery worked 30 yeas with the Knoxville law firm of Egerton McAfee.
Hafner has worked in government relations in several states for Corrections Corporation of America, then later as a lobbyist with the Nashville-based law firm of Bass Berry & Sims.
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| Upcoming |
| King memorial dedication Aug. 28 |
| Next Sunday, on the 48th anniversary of the March on Washington and the Rev. Martin Luther King's famous "I Have a Dream" speech, a ceremony will dedicate a sculpture in King's honor.
The memorial sits on the National Mall between memorials honoring Presidents Abraham Lincoln and Thomas Jefferson. It includes a 30-foot-tall sculpture of King and a 450-foot-long granite wall inscribed with 14 quotations from his speeches.
President Barack Obama is scheduled to speak. |
The Leaf Chronicle has more
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| TBA Member Services |
| CompuPay offers deals for TBA members |
| CompuPay is proud to serve as the official payroll services provider for the Tennessee Bar Association. To serve Tennessee attorneys the company is offering two months of free payroll processing for all TBA members and waiving set up fees for members with up to 99 employees. |
Learn more about CompuPay's benefits
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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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