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| Friday, August 26, 2011 |
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Justice A. A. Birch, a man of 'firsts,' dies at 78
Justice Adolpho A. Birch Jr., the first African-American elected to a Nashville judgeship and the first to lead the Tennessee Supreme Court, died Thursday. He was 78.
Birch retired from the bench in 2006 after 13 years on the state Supreme Court, six on the Tennessee Court of Appeals and 18 on Davidson County's General Sessions and Criminal courts. He was chief justice of the Supreme Court in 1996-97, then won a hard-fought election to an eight-year term in 1998. Read this August 2006 Tennessee Bar Journal interview when Justice Birch and colleague Riley Anderson retired from the Supreme Court.
"Our
judicial family has lost a great leader, champion of justice, and dear friend," Chief Justice Cornelia A. Clark said in a statement this morning. "A true pioneer in many arenas,
Justice Birch has left an indelible mark on the Tennessee judiciary and the entire legal system."
TBA President Danny Van Horn said that Justice Birch "stood astride the era of legal segregation, the bridge of civil rights action and the coming of a more just society. In addition to his contributions as an outstanding jurist, our colleague Justice Birch gave generously of his time and talents to mentor new lawyers and advise the legal community in ways to better the profession, the justice system and the community."
Read more in the Tennessean
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TODAY'S OPINIONS
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JOHN D. GLASS v. SUNTRUST BANK, Trustee of the Ann Haskins Whitson Glass Trust; SUNTRUST BANK, Executor of the Estate of Ann Haskins Whitson Glass and William Glass
Court: TCA
Attorneys:
Donald W. Pemberton, Memphis, Tennessee, for the appellant, John D. Glass.
Olen M. Bailey, Jr., Memphis, Tennessee, for the appellees, SunTrust Bank, Trustee of the Ann Haskins Whitson Glass Trust; and SunTrust Bank, Executor of the Estate of Ann Haskins Whitson Glass and William Glass.
Judge: STAFFORD
This is an appeal from an action originally filed in the Chancery Court of Shelby County, seeking damages for Appellees' alleged breach of trust, breach of fiduciary duty, mismanagement, negligence, and breach of duty to diversify in its roles as executor of Decedent's estate and Decedent's successor trustee. Decedent's son, the Appellant herein, filed his original suit in the Probate Court of Shelby County, seeking return of administrative
costs and fees charged by Appellee. The probate court affirmed the fees, and Appellant filed a subsequent complaint in the chancery court. The chancery court complaint was eventually transferred to the probate court, where it was dismissed on grounds of collateral estoppel and res judicata. Appellant appeals. We conclude that there was no final order in the first
probate proceeding and, consequently, the criteria for both collateral estoppel and res judicata are not met. Reversed and remanded.
http://www.tba2.org/tba_files/TCA/2011/glassj_082611.pdf
JAMES W. GROOMS, JR. v. STATE OF TENNESSEE
Court: TCA
Attorneys:
No attorney listed for the Appellee
Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Associate Solicitor General; and Benjamin A. Whitehouse, Assistant Attorney General for the appellant, the State of Tennessee.
Judge: SWINEY
The State of Tennessee ("the State") appeals the Hawkins County Circuit Court's determination that the Department of Safety could not suspend James W. Grooms, Jr.'s handgun permit because the permit had been confiscated previously by a police officer, and
Mr. Grooms, therefore, was unable to surrender the permit. We reverse.
http://www.tba2.org/tba_files/TCA/2011/groomsj_082611.pdf
K.B.J. v. T.J.
Court: TCA
Attorneys:
Robert L. Jackson and Elizabeth A. Garrett, Nashville, Tennessee, for the appellant, T.J..
Jill R. Talley, Dandridge, Tennessee, for the appellee, K.B.J..
Judge: SUSANO
This is a contested divorce case involving two minor children. K.B.J. ("Husband") was the first to file a complaint for divorce. T.J. ("Wife") answered his complaint and coupled a counterclaim with her answer. The trial court found that Husband was guilty of inappropriate marital conduct and awarded Wife a divorce, but made Husband the primary residential
parent of the minor children with final authority on certain parental decisions. The court ordered equal parenting time on an alternating week basis. It also denied Wife's request for spousal support and allocated to her approximately $32,350 of the marital debt. Wife appeals. We reverse that part of the judgment making Husband the primary residential parent with final decision-making authority and modify the parenting schedule. In all other respects, the judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCA/2011/kbj_082611.pdf
IN RE MADDOX B.S., ET AL.
Court: TCA
Attorneys:
Alan R. Beard, Chattanooga, Tennessee, for the appellants, Veronda S. and James S.
Grace E. Daniell, Chattanooga, Tennessee, for the appellees, Lyndsey S. and Trey S.
Judge: MCCLARTY
Lyndsey S. ("Mother") and Trey S. ("Father") are the biological parents ("Parents") of Maddox B.S. and Rylie M.S. ("Children"). Veronda S. and James S. ("Grandparents") are the paternal grandparents of Children. Mother, acknowledging that her consent would result in the termination of her parental rights, sought to consent to the adoption of Children by Grandparents. Grandparents and Mother petitioned the trial court to terminate Mother and Father's parental rights and allow Grandparents to adopt Children. The court accepted
Mother's consent and terminated her parental rights. The court terminated Father's parental rights in a default judgment, citing abandonment as the ground for the termination of Father's rights. Shortly thereafter, Mother moved the court to set aside the final order of adoption, citing fraud and duress as grounds. Father also moved the court to set aside the termination
of his parental rights and the order of adoption, citing fraud and misrepresentation as grounds. Mother and Father subsequently alleged that the court failed to enter findings of fact and conclusions of law as to whether the termination of Father's parental rights was in the best interest of Children. The trial court found that it had failed to enter sufficient findings of fact and conclusions of law and set aside the final order of adoption. Mother then sought to revoke her consent. The trial court allowed the revocation, finding that the final order of adoption that had been set aside was the only document in which Mother had consented to the termination of her parental rights and subsequent adoption. Grandparents appeal the court's action of setting aside the order, the allowance of Mother's revocation of consent, and the dismissal of the case. We affirm the decision of the trial court.
http://www.tba2.org/tba_files/TCA/2011/maddoxs_082611.pdf
PORSHA PERKINS v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
Court: TCA
Attorneys:
Joseph Howell Johnston, Nashville, Tennessee, for the appellant, Porsha Perkins.
Sue B. Cain, Director of Law, The Department of Law of the Metropolitan Government of Nashville and Davidson County; J. Brooks Fox, Christopher M. Lackey, Assistant
Metropolitan Attorneys, Nashville, Tennessee, for the appellee, The Metropolitan Government of Nashville and Davidson County.
Judge: COTTRELL
A social worker employed by an agency of the Metropolitan Government of Nashville and Davidson County was discharged from her job following an allegation that she had pinched a child attending a Head Start program. She then filed a discrimination and wrongful termination claim with the Metro Civil Service Commission. After the allegations against her proved to be baseless, she settled her claim with Metro for $45,000 and agreed not to be reinstated in her former job. She subsequently filed a complaint in the Circuit Court of Davidson County for retaliatory discharge and for employment discrimination. The discrimination claim was eventually dismissed by agreed order. Metro filed a motion for summary judgment on the remaining claim for wrongful discharge. The trial court granted
the motion, reasoning among other things that because of the settlement of her claim and her agreement not to be reinstated, she could not prove, as a matter of law, that she was "adversely affected" in any material way by the termination of her employment. We affirm
the trial court.
http://www.tba2.org/tba_files/TCA/2011/perkinsp_082611.pdf
PEGGY DIANA SCHROER v. RICHARD MICHAEL SCHROER
Court: TCA
Attorneys:
Larry Hayes, Jr., Nashville, Tennessee, for the appellant, Richard Michael Schroer.
Darrell L. Scarlett, Murfreesboro, Tennessee, for the appellee, Peggy Diana Schroer.
Judge: COTTRELL
The trial court granted both parties an absolute divorce after a marriage of twenty-four years, divided the marital property equally between them, and declared that neither party was to be awarded alimony. The husband appeals, arguing that the property division was inequitable because he came into the marriage with $500,000 worth of separate property while the wife
only owned a negligible amount of separate property at the time of the parties' marriage, and also because he was also the primary wage earner during the marriage. He also argues that the trial court should have awarded him alimony. The wife asserts that the husband's
separate assets became marital property over the years through the processes of commingling of assets or transmutation, and that the equal division of that property was equitable. She also denies that the husband is entitled to alimony. We affirm.
http://www.tba2.org/tba_files/TCA/2011/schroerp_082611.pdf
STATE OF TENNESSEE v. BARRON LAMAR CURRIE
Court: TCCA
Attorneys:
George Morton Googe, District Public Defender; Gregory D. Gookin, Assistant Public Defender, Jackson, Tennessee, for the Defendant-Appellant, Barron Lamar Currie.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
The Defendant-Appellant, Barron Lamar Currie, entered a guilty plea to aggravated burglary, a Class C felony, and theft of property of property over $500, a Class E felony. Pursuant to his plea agreement, the Defendant-Appellant received an effective sentence of eight years
with the manner of service to be determined by the trial court. The trial court ordered the Defendant-Appellant to serve the eight-year term in confinement. The Defendant-Appellant's sole issue for our review is whether the trial court erred in denying any form of
alternative sentencing. Finding no error, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/currieb_082611.pdf
STATE OF TENNESSEE v. DONNA DOTSON
Court: TCCA
Attorneys:
Steve McEwen, Mountain City, Tennessee; Stephen M. Wallace, District Public Defender; and Terry L. Jordan, Assistant Public Defender, for the appellant, Donna Dotson.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph E. Perrin, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The defendant, Donna Dotson, pled guilty to violating her probation and now appeals the trial court's order requiring her to serve her sentence in confinement. We affirm the judgment of the trial court in accordance with Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.
http://www.tba2.org/tba_files/TCCA/2011/dotsond_082611.pdf
SHAUN ALEXANDER HODGE v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Stephen Ross Johnson and Anne E. Passino, Knoxville, Tennessee, for the appellant, Shaun Alexander Hodge.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; and Leslie Nassios, Assistant District Attorney, for the appellee, State of Tennessee.
Judge: WILLIAMS
The petitioner, Shaun Alexander Hodge, was convicted of first degree murder in 2001 and sentenced to life in prison. Thereafter, the petitioner filed a petition seeking post-conviction relief, which was denied by the post-conviction court. The petitioner appeals, claiming constitutional violations arising from the ineffective assistance of his trial counsel and the State's failure to disclose certain exculpatory evidence. The petitioner also seeks relief based on newly discovered evidence. After careful review of the record and the arguments of both parties, we affirm the judgment of the post-
conviction court.
http://www.tba2.org/tba_files/TCCA/2011/hodges_082611.pdf
STATE OF TENNESSEE v. EMORY LESLIE LETSON
Court: TCCA
Attorneys:
Jason D. Demastus, Chattanooga, Tennessee, for the appellant, Emory Leslie Letson.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; William H. Cox, III, District Attorney General, and William Hall, Assistant District Attorney General for the appellee, the State of Tennessee.
Judge: WOODALL
In a three-count indictment returned by the Hamilton County Grand Jury, Defendant, Emory Leslie Letson, was charged in Count 1 with attempted first degree murder of Jason Kellogg, and in Counts 2 and 3, with reckless endangerment with a deadly weapon, with each count
involving a different named victim. Pursuant to a negotiated plea agreement, Count 1 was amended to a charge of aggravated assault to which Defendant pled guilty. He also pled guilty to Count 2 as charged (which involved a minor as the victim), and Count 3 was
dismissed. Pursuant to the agreement, the length and manner of service of sentences for the convictions was determined by the trial court. Defendant was sentenced to serve six years as a Range I standard offender for the aggravated assault conviction, and to serve two years
as a Range I standard offender for the reckless endangerment conviction. The sentences were ordered to be served concurrently with each other, and all forms of alternative sentencing were denied. On appeal, Defendant argues that the sentences are excessive and
that the trial court erred by denying full probation or some other form of alternative sentencing. After a review of the record and the briefs, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/letsone_082611.pdf
STATE OF TENNESSEE v. DAMIEN NEELY
Court: TCCA
Attorneys:
Harry E. Sayle, III, Memphis, Tennessee, for the Appellant, Damien Neely.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, 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, Damien Neely, of facilitation of second degree murder, and the trial court ordered him to serve twelve years in the Tennessee Department of Correction. On appeal, the Defendant contends that: (1) the trial court erred
when it denied his motion to exclude recorded telephone calls he made from jail; (2) the evidence is insufficient to support his conviction; and (3) the trial court erred in applying to his sentence enhancement factor (9), pursuant to T.C.A. section 40-35-114, that the Defendant possessed or employed a firearm during the commission of the offense. After a thorough
review of the record and the applicable law, we affirm the trial court's judgment.
http://www.tba2.org/tba_files/TCCA/2011/neelyd_082611.pdf
KEVIN WILKINS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Kevin Wilkins, Whiteville, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
The Petitioner, Kevin Wilkins, appeals the Criminal Court of Shelby Count's dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court's dismissal 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 judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/wilkinsk_082611.pdf
MARLOW WILLIAMS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Patrick E. Stegall, Memphis, Tennessee, for the appellant, Marlow Williams.
Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Senior Counsel; William L. Gibbons, District Attorney General; and Chris West, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The petitioner, Marlow Williams, appeals the denial of his petition for post-conviction relief from his aggravated robbery conviction, arguing that his appellate counsel was ineffective for failing to raise a Blakely v. Washington, 542 U.S. 296 (2004), challenge to the trial court's use of enhancement factors in sentencing. Following our review, we affirm the denial
of the petition.
http://www.tba2.org/tba_files/TCCA/2011/williamsm_082611.pdf
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| TODAY'S NEWS |
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Legal News
Upcoming
Disciplinary Actions
TBA Member Services
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| Legal News |
| Proposed amendments to practice and procedure released |
| Late this afternoon the Tennessee Supreme Court released proposed 2012 amendments to the rules of practice and
procedure, with a comment deadline of Oct. 28. Watch for more complete coverage of the changes
next week in TBA Today. |
Read the proposed amendments
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| Firm announces 2011 Diversity Scholarship recipients |
| Baker, Donelson, Bearman,
Caldwell & Berkowitz PC announced today that law students Sharonda Childs,
Jervonne Newsome and Bobbi Roquemore are the 2011 recipients of the
Baker Donelson Diversity Scholarship. Established in 2008, the program awards annual scholarships to diverse law school students who have completed their first year of law school. Each recipient receives a salaried second-year summer associate position in one of the firm's offices. Upon completion of the summer position, the recipients also receive a $10,000 scholarship.
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Learn more from Baker Donelson
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| Clerk will remain suspended |
| Chancellor Kenny Armstrong denied a petition by indicted Shelby County General Sessions Court Clerk Otis Jackson, who contends his suspension earlier this month was unconstitutional.
Jackson was charged with four counts of official misconduct by a grand jury last month for allegedly coercing his staff to give and collect money for his 2012 re-election campaign.
The judicial order says the matter will be revisited on Oct. 4 when it will be continued or modified. |
The Commercial Appeal has more
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| Suffragists instrumental in vote and much more |
| Just 91 years ago in August 1920, Tennessee suffragists played an important role in securing the right for women to vote.
This writer points out all the doors that have opened for women because of this, including
having women sitting on the Tennessee Supreme Court and on the Supreme Court of the United States. |
Read the opinion piece in the Tennessean
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| Old U.S. bankruptcy filings set to be shredded |
| The U.S. National Archives and Records Administration says at least 10 million bankruptcy case files and several million district court files from 1970 through 1995 soon will be shredded, pounded to pulp and recycled. Although federal archivists spent years consulting legal scholars, historians and others about which files to purge after realizing that sorting and digitizing just the bankruptcy cases would cost tens of millions of dollars,
historians and private detectives are not happy about the impending shredding.
Files designated as historically valuable, however, will be kept in storage.
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The News Sentinel carried this AP story
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| Line of defense: 'They deserved to be shot' |
| In the opening statement of the Florida trial for murder suspect Jacob Brighton, defense attorney Marc Shiner told jurors Brighton's parents "deserved to be shot; they deserved it, legally." |
ABAJournal.com explains
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| Upcoming |
| Irene disrupts plan for King memorial dedication |
| Sunday's dedication of a national monument in honor of Dr. Martin Luther King Jr. has been postponed because of the impending arrival of Hurricane Irene, but the spirits of civil rights activists from Memphis were not dampened. |
The Commercial Appeal reports
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| Disciplinary Actions |
| Three lawyers reinstated |
| Nashville lawyer Anton L. Jackson, Chattanooga lawyer Stuart Fawcett James and Clarksville lawyer Hugh Reid Poland III were reinstated to the practice of law on Aug. 26 after paying their 2011 BPR registration fee, filing their 2011 IOLTA compliance form and paying any required fines.
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View all attorneys suspended and reinstated for 2011 registration violations
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| Waynesboro lawyer reinstated |
| Waynesboro lawyer John Wilburn Castleman Jr. was reinstated to the practice of law on Aug. 26 after complying with requirements for continuing legal education. He was suspended on Sept. 7, 2010, for failing to meet 2009 CLE requirements.
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View all attorneys suspended and reinstated for 2009 CLE violations
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| TBA Member Services |
| Free online legal research available 24/7 |
| Online legal research through Fastcase is FREE to members of the Tennessee Bar Association. A benefit that is national in scope with unlimited usage, unlimited customer service and unlimited printing, it offers nationwide caselaw with smarter searching. And it all comes AT NO COST to TBA members. |
Access Fastcase 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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