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| Tuesday, September 06, 2011 |
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Services set for Judge J.C. McLin
Court of Criminal Appeals Judge J.C. McLin of Memphis died early Saturday morning after losing his battle with pancreatic cancer. He was 64.
McLin was appointed to the Court of Criminal Appeals in 2004, making him the second African American to ever hold a seat on that bench. From 2000 to 2004, McLin served as a Shelby County criminal court judge. A memorial service will be held on Sept. 9 from 7 to 8 p.m. at New Salem Church, 2237 South Parkway in Memphis. McLin will lie in state Sept. 10, from 10 to 10:50 a.m. at Peabody High School, 2069 Highway 45 in Trenton. Funeral services will
follow at 11 a.m.
The Tennessee Judicial Conference Foundation has established a scholarship in honor of Judge McLin. Contributions may be made to the Tennessee Judicial Conference Foundation Judge J.C. McLin Memorial Fund and sent to Suzanne Keith at 1903 Division Street, Nashville 37203.
The Administrative Office of the Courts 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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00 - TN Worker's Comp Appeals
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AMERICAN BONDING COMPANY v. SANDRA VAUGHN
Court: TCA
Attorneys:
Larry R. McElhaney, II, Nashville, Tennessee, for the Appellant, Sandra Vaughn.
Geoffrey Coston, Franklin, Tennessee, for the Appellee, American Bonding Company.
Judge: DINKINS
This dispute involves a bail bond contract which the Appellant contends should be invalidated due to illegality, lack of mutual consent and because she allegedly executed the
contract under duress. The trial court found the contract to be enforceable and entered a $4,000.00 judgment against Appellant. Appellee appeals the trial court's denial of its
application for counsel fees as provided for in the contract. We affirm in part, reverse in part, and remand the case for further proceedings.
http://www.tba2.org/tba_files/TCA/2011/americanbonding_090611.pdf
DANIELLE HARRIS v. TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES
Court: TCA
Attorneys:
Andrew L. Wener, Memphis, Tennessee, for the appellant, Danielle Harris.
Robert E. Cooper, Jr., Attorney General and Reporter; and Joshua Davis Baker, Assistant Attorney General, for appellee, State of Tennessee, Department of Children's Services.
Judge: STAFFORD
This appeal results from the trial court's order, finding six of Appellant's children dependent and neglected. Because there is clear and convincing evidence in the record to support the
trial court's findings of dependency and neglect and severe child abuse, we affirm.
http://www.tba2.org/tba_files/TCA/2011/harrisd_090611.pdf
GROVER D. COWART v. DAVID SEXTON, WARDEN
Court: TCCA
Attorneys:
Grover D. Cowart, Mountain City, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; and Rachel West Harmon, Assistant Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The pro se petitioner, Grover D. Cowart, appeals the Johnson County Circuit Court's summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the summary dismissal of the petition.
http://www.tba2.org/tba_files/TCCA/2011/cowartg_090611.pdf
STATE OF TENNESSEE v. WILLIE McLEOD
Court: TCCA
Attorneys:
John G. McDougal, Chattanooga, Tennessee, for the appellant, Willie McLeod.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; William H. Cox, District Attorney General; and Boyd M. Patterson, Jr. and
Steven E. Smith, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Willie McLeod, was convicted by a Hamilton County Criminal Court jury of attempted aggravated assault, a Class D felony; disorderly conduct, a Class C misdemeanor; and resisting arrest, a Class B misdemeanor. He was sentenced to an effective term of twelve years in the Department of Correction as a career offender. On appeal, the
defendant challenges the sufficiency of the convicting evidence. After review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/mcleodw_090611.pdf
BILLY JOE SMITH v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
C. Brad Sproles, Kingsport, Tennessee, for the appellant, Billy Joe Smith.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; and Anthony Clark, District Attorney General, for the appellee, State of Tennessee.
Judge: WELLES
In January 1995, a Unicoi County jury convicted the Petitioner, Billy Joe Smith, of aggravated robbery, aggravated kidnapping, aiding and abetting aggravated rape, and two
counts of aggravated rape. The Petitioner was, thereafter, sentenced as a Range III, persistent offender to a total of 135 years in the Department of Correction. After this Court and our supreme court affirmed the Petitioner's convictions on direct appeal, the Petitioner filed a timely pro se petition for post-conviction relief. Following multiple appointments of counsel, amendments to the petition, and other procedural matters spanning ten years, the post-conviction court denied relief after a full evidentiary hearing. On appeal, the Petitioner argues that the post-conviction court erred by (1) denying his motion to continue the evidentiary hearing based upon the unavailability of three material witnesses, (2) denying the Petitioner's motion to reopen his proof on evidentiary issues surrounding suppression of the evidence, (3) denying relief as to "all issues" raised by the Petitioner, and (4) failing to proceed with his post-conviction hearing in a timely manner. Following our review of the record and the parties' briefs, we conclude that the Petitioner has not shown that he is entitled to relief. The judgment of the post-
conviction court is affirmed.
http://www.tba2.org/tba_files/TCCA/2011/smithb_090611.pdf
IN RE: LAUREN M. HOWE, BPR 026380
Court: TSC-Disciplinary_Order
Judge: WADE
Reinstatement
http://www.tba2.org/tba_files/TSC/2011/howel_090611.pdf
IN RE: KELTIE HAYS PEAY, BPR 020471
Court: TSC-Disciplinary_Order
Judge: WADE
Reinstatement
http://www.tba2.org/tba_files/TSC/2011/peayk_090611.pdf
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| TODAY'S NEWS |
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Legal News
Tenn. Supreme Court
General Assembly News
Passages
Career Opportunities
Disciplinary Actions
TBA Member Services
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| Legal News |
| Judge Bernice Donald confirmed to 6th Circuit |
| Memphis federal judge Bernice Bouie Donald was elevated to the Sixth Circuit Court of Appeals this evening after a confirmation vote in the U.S. Senate.
The vote, completed at 5:03 p.m. Central time, was 96-2, with Sens. David Vitter, R-La., and Jim DeMint, R-S.C., voting against the nomination.
The vote was the Senate's first order of business after returning from a five-week August recess. It took place after a 30-minute debate in which both Sens. Charles Grassley, R-Iowa, and Patrick Leahy, D-Vt., spoke in her favor.
Donald has been a judge since 1982 and graduated from the University of Memphis Cecil C. Humphreys School of Law.
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The Commercial Appeal reports
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| Opinion: Indigent defense deserves better system |
| A Tennessean columnist says the recent proposal to choose lawyers for indigents using a
contract-style bidding process
is "a terrible idea," and calls the Tennessee Bar Association's opposition to it "spot on." |
Read Gail Kerr's column
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| Chambliss, Bahner & Stophel marks 125 years |
| Chattanooga firm Chambliss, Bahner & Stophel celebrates 125 years, and partner Max Bahner gives credit to the camaraderie between the firm's attorneys and their relationships with clients. Bahner, a senior member of the firm and former president of the Tennessee Bar Association, says that "from the beginning to the end, it's the people you practice law with." |
The Times Free Press has more
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| Lawyer trains as pilot for country after 9/11 |
| After the Sept. 11 attacks, Nashville lawyer James Mackler wanted to do something for his country. When the FBI didn't need lawyers, he tried the Army. The Army didn't need lawyers, but did need pilots, so at 30, Mackler went to flight school and ultimately flew Blackhawk helicopters over Baghdad. Earlier this year, he left the Army and is back in Nashville, with Bone McAllester Norton. |
WPLN has more
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| Attorneys general take aim at Backpage.com |
| Tennessee Attorney General Bob Cooper and others with the National Association of Attorneys General (NAAG) are turning up the heat on Backpage.com, to remove its adult services advertisement section, which NAAG estimates generates more than $22 million annually. The site is a "hub" for the trafficking of minors, the organization says. |
The Commercial Appeal reports
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| More go back to jail in Crossville |
| Cumberland County General Sessions Court Judge Larry Warner made news in Crossville last week when he sent
49 defendants to jail in two days. Warner, who had come up with a new formula for setting bonds that increased the numbers significantly, said he is trying to look for ways to make the system work smoother for victims and defendants, and how to best deal with repeat offenders. |
The Crossville Chronicle reports
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| Tenn. Supreme Court |
| Court considers home repair case |
| The Tennessee Supreme Court heard oral arguments last week on a case that could change a homeowner's ability to recover damages when a subcontractor botches a home repair or remodeling job. The case involves a Hamilton County couple whose house was destroyed by a fire while someone was fixing their roof. If the court finds in favor of the owner of the roofing company homeowners are going to have to be more vigilant, Nashville attorney John Day said. Day also wrote about the case in a recent Tennessee Bar Journal column. |
The Tennessean has this AP story
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| General Assembly News |
| Lottery task force weighs options for scholarships |
| A special committee of state senators and higher-education officials has begun examining the first of several policy options to stabilize the state's lottery-funded scholarships' finances, which are running annual deficits of about $21 million. Options include raising the academic requirements, cutting off students from upper-income families and reducing the size of the grants.
Sen. Dolores Gresham, R-Somerville, chairwoman of the Senate Lottery Stabilization Task Force, said the panel will make its recommendations by Dec. 1. |
The Commercial Appeal has more
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| Passages |
| Outpouring for Wilks continues |
| When
former Tennessee Bar Association President Larry Dean Wilks, 56, died last week, the legal community responded with an outpouring of grief and appreciation for the Springfield lawyer. Additional comments came in over the weekend.
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Read them here
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| Career Opportunities |
| UT Law to hire 3 for 2012 |
| The University of Tennessee College of Law invites applications from both entry-level and lateral candidates for three full-time, tenure-track faculty positions to begin in the Fall Semester 2012. The college's primary areas of curricular need include labor and employment, contracts, remedies, clinical teaching in the business/transactional area and clinical teaching in criminal defense. |
The Faculty Lounge carried the announcement
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| Disciplinary Actions |
| Three reinstated after paying fee, filing report |
| Vicki Lynn Green of Millington, Jerry Dell Holmes of Wilmington, N.C., and Thomas Michael Leveille of Knoxville were reinstated to the practice of law on Sept. 6 after paying their 2011 BPR registration fee, filing their 2011 IOLTA form and paying any required fines. No further action of the court was necessary for their reinstatement. |
View all attorneys suspended and reinstated for 2011 registration violations
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| Germantown lawyer reinstated |
| Germantown lawyer Lauren M. Howe was reinstated to the practice of law on Sept. 2 after complying with requirements for continuing legal education. She was suspended on Sept. 7, 2010, for failing to meet 2009 CLE requirements.
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| North Carolina lawyer reinstated |
| North Carolina lawyer Keltie Hays Peay has been reinstated to the practice of law in Tennessee on Sept. 2 after complying with requirements for continuing legal education. She had been suspended on Sept. 4, 2009, for failing to meet 2008 CLE requirements.
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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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