 |
| Tuesday, September 13, 2011 |
|
| |
| |
Wilks tributes continue, scholarship fund grows
In the week since former Tennessee Bar Association President Larry Wilks passed away the tributes to him and his legacy have continued. Just today the Arkansas Bar Leadership Academy offered their remembrances of Larry, who helped with the successful launch of the program for emerging Arkansas bar leaders. Download the letter from the Arkansas Bar Association's past president of its Leadership Academy, Donna Pettus.
The Tennessee Judicial Conference Foundation (TJCF) reports that more than $11,000 has already been donated to the Larry Wilks Scholarship Fund, which will endow a scholarship for a UT Law student. Leaders from the Tennessee Legal Community Foundation and the TBA Leadership Law Alumni group will meet next week to explore additional opportunities to honor their colleague's memory.
Learn more about donating to the TJC Foundation Larry Wilks Memorial Fund
|
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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
05 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
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.
|
|
|
|
|
|
TRACEY CHANDLER and KELLY WILSON v. CHARLESTON VOLUNTEER FIRE DEPARTMENT
Court: TCA
Attorneys:
J. Barney Witherspoon, IV, Covington, Tennessee, for the appellant, Tracey Chandler and Kelly Wilson
Taylor Forrester, Covington, Tennessee, for the appellee, Charleston Volunteer Fire Department
Judge: HIGHERS
The trial court reformed a lease agreement, finding certain terms had been erroneously transposed. Appellants contend the reformation was error. We affirm.
http://www.tba2.org/tba_files/TCA/2011/chandlert_091311.pdf
THADDIUS BROWN v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Thaddius Brown, Pro Se, Tiptonville, Tennessee.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; and John A. Irvine, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WELLES
In August 2003, the Petitioner, Thaddius Brown, pleaded guilty to multiple counts of especially aggravated kidnapping and aggravated robbery. Pursuant to the terms of the plea
agreement, he received an effective twenty-year sentence. He subsequently filed a petition for post-conviction relief, and the post-conviction court denied relief. On appeal, the crux of the Petitioner's argument is that he received an illegal sentence because both boxes were checked on his judgment forms for especially aggravated kidnapping indicating that his
sentences should run at 30% and 100%. The post-conviction court found that the error in the Petitioner's judgment forms was a clerical error and that his plea was voluntarily and
knowingly entered. We agree. We remand solely for entry of corrected judgment forms to reflect a single release eligibility of 100% for the Petitioner's especially aggravated
kidnapping convictions.
http://www.tba2.org/tba_files/TCCA/2011/brownt_091311.pdf
STATE OF TENNESSEE v. ANTHONY CLINTON
Court: TCCA
Attorneys:
Stephen Bush, District Public Defender; Robert Trent Hall, Assistant Public Defender at trial; and Phyllis Aluko, Assistant District Public Defender on appeal, for the appellant, Anthony
Clinton.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Amy P. Weirich, District Attorney General; and Dean DeCandia, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, Anthony Clinton, was convicted by a Shelby County Criminal Court jury of robbery, a Class C felony. See T.C.A. section 39-13-401 (2010). He was sentenced as a career
offender to 15 years' confinement. On appeal, the Defendant contends that the evidence was insufficient to support his conviction. We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/clintona_091311.pdf
STATE OF TENNESSEE V. TERRY JOHNSON
Court: TCCA
Attorneys:
Robert Wilson Jones, District Public Defender; Barry W. Kuhn, Assistant Public Defender; Trent Hall, Assistant Public Defender; and Tim Albers, Assistant Public Defender, for the appellant, Terry Johnson.
Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General, William L. Gibbons, District Attorney General; and Pam Fleming, Assistant District
Attorney General, for the appellee, the State of Tennessee.
Judge: WOODALL
Following a jury trial Defendant, Terry Johnson, was convicted of aggravated robbery of a Family Dollar Store in Memphis. The offense involved the theft of merchandise from the store. The trial court sentenced Defendant to serve twenty years in the Tennessee Department of Correction. In this appeal, relying upon State v. Owens, 20 S.W.3d 634
(Tenn. 2000) and State v. Swift, 308 S.W.3d 827 (Tenn. 2010), Defendant asserts that the evidence is legally insufficient to support his conviction for aggravated robbery. Defendant
also argues that the trial court erred by overruling his objection to testimony concerning another theft related offense by Defendant of the same store, also involving merchandise, which occurred about two weeks prior to the offense in the case sub judice. After a thorough analysis, we distinguish Owens and Swift. We also conclude that the admission into evidence of the prior theft related offense was not error. Accordingly, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/johnsont_091311.pdf
STATE OF TENNESSEE v. MICHAEL ANTHONY SAUNDERS
Court: TCCA
Attorneys:
B. Kyle Sanders, Dickson, Tennessee, for the appellant, Michael Anthony Saunders.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Billy Henry Miller, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
A Dickson County Circuit Court jury convicted the defendant, Michael Anthony Saunders, of one count of aggravated assault, see T.C.A. section 39-13-104(a)(1)(B) (2006), and one count of vandalism of property valued at $1,000 or more but less than $10,000, see id. section 39-14-408. The trial court imposed concurrent sentences of three years and two years, suspended to probation following the service of six months' incarceration in the county jail. In addition to contesting the sufficiency of the evidence to support his convictions, the defendant contends on appeal that the trial court erred by (1) denying his motion for a mistrial based upon inflammatory statements made by the victim, (2) denying his request for judicial diversion, and (3) denying him full probation. Discerning no error, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/saundersm_091311.pdf
STATE OF TENNESSEE v. DEVARON TAYLOR
Court: TCCA
Attorneys:
Taylor Eskridge and Larry Copeland, Memphis, Tennessee, for the appellant, Devaron Taylor.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; Ray Lapone, Assistant District
Attorney General; and Collin Campbell, Assistant District Attorney General, for the appellee, the State of Tennessee.
Judge: WOODALL
Defendant, Devaron Taylor, was indicted by the Shelby County Grand Jury for two counts of felony murder and one count each of aggravated burglary and attempt to commit especially aggravated robbery. Prior to trial, one count of felony murder was dismissed on motion of the State. Following a jury trial, Defendant was convicted of felony murder, attempt to commit especially aggravated robbery, and aggravated burglary. Defendant was sentenced to life imprisonment for his felony murder conviction and concurrent sentences of eight years for attempted robbery and three years for aggravated burglary for an effective sentence of life imprisonment. In this appeal, Defendant raises the following issues for our review: 1) whether the trial court erred by refusing to grant a mistrial after a juror was dismissed for sleeping; 2) whether the trial court erred by failing to restrict the State's use of a hypothetical fact pattern during voir dire and by limiting Defendant's voir dire. After a thorough review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/taylord_091311.pdf
|
|
 |
|
| TODAY'S NEWS |
|
Passages
Legal News
Upcoming
TBA Member Services
|
| Passages |
| Young public defender dies from infection |
| Ben Pressnell, an assistant public defender for the 8th Judicial District, died Sunday following a sudden illness.
He was 38.
Pressnell, who contracted a staph infection, passed away at the University of Tennessee Medical Center after being hospitalized for a week.
He graduated from the University of Tennessee College of Law in 1997. The 8th Judicial District serves Campbell, Clairborne, Fentress, Scott, and Union counties. |
The News Sentinel has more
|
| Legal News |
| Reevers is new APSU attorney |
| The former middle Tennessee commissioner on the Tennessee Claims Commission has been tapped as the next attorney for Austin Peay State University.
Stephanie R. Reevers of Nashville will begin her new duties Oct. 1. She succeeds Richard Jackson, who retired in May 2011. |
The Leaf-Chronicle has more
|
| Judiciary: Sealing civil cases should be 'last resort' |
| The policy-making body of the federal judiciary approved a new standard today that instructs judges to limit sealing entire civil cases to only extraordinary circumstances.
The Judicial Conference of the United States said the new policy emphasizes that sealing an entire case should be the last resort.
Judges should first explore narrower alternatives, such as blacking out information or sealing particular documents, the panel said.
Speaking on behalf of the 26-judge conference, Chief Judge David Sentelle of the U.S. Court of Appeals for the D.C. Circuit told reporters this afternoon that "the court's business is the people's business." |
The Blog of Legal Times reports
|
| Morgan Keegan class action dismissed |
| The U.S. Sixth Circuit Court of Appeals dismissed a class-action lawsuit against the Memphis investment firm Morgan Keegan last week.
The legal battle now moves to another front because many of the same investors are also part of two other ongoing federal lawsuits seeking money lost in the Morgan Keegan funds.
The appeals court ruling is part of the separate fighting that continues in the wake of the $210 million settlement reached by Morgan Keegan in June with state regulators and the U.S. Securities and Exchange Commission. |
The Commercial Appeal reports
|
| Editorial: Tell us how to get those free IDs |
| An editorial in the Paris Post-Intelligencer points out that education about how to get free photo IDs needs to be offered and soon, before the new Voter ID law takes effect in January.
"So those who think this is really a good law," the paper says, "should get busy with a massive campaign to educate the public on how and where to get these cards. And while they're at it, they should make the process as painless as possible." |
Read the editorial
|
| 75 percent of Obama judges are women or minority |
| President Barack Obama is moving at a historic pace to try to diversify the nation's federal judiciary: Nearly three of every four people he has gotten confirmed to the federal bench are women or minorities. He is the first president who hasn't selected a majority of white males for lifetime judgeships. |
The News Sentinel carries this AP story
|
| Child advocacy program director honored |
| Nancy Williams is honored for her work with the Memphis Child Advocacy Center as executive director. The center serves children who have been severely physically or sexually abused, through prevention, education and intervention. |
Read the profile in the Commercial Appeal
|
| O'Connor pushes civics ed, selection philosophy |
| Retired U.S. Supreme Court Justice Sandra Day O'Connor told a University of Florida audience Monday that the public knows more about the judges on "American Idol" than the justices on its highest court. O'Connor was talking about civics at the school but also joined a
panel on judicial reform, where she repeatedly called for Florida and other states to move away from a system of electing rather than appointing judges. She said it's a "bad system" to have popularly elected judges, in part because it requires them to collect campaign contributions from the lawyers and parties appearing before their courts. |
The Gainesville Sun has the story
|
| Operation Turnaround offers alternative for kids in trouble |
| An alternative mediation program at the Clarksville Police Department, called Operation Turnaround,
has been developed to offer some youth in legal trouble "a way to avoid being subjected to the formal Juvenile Justice System and thus adding to the incarceration rate." |
Business Clarksville has details
|
| Upcoming |
| Historical Society dinner features speaker Sam Elliott |
| The Sixth Annual
Tennessee Supreme Court
Historical Society Dinner will feature former Tennessee Bar Association President
Sam Elliott, who will discuss
Tennessee's Confederate Courts. There will also be tributes to justices Fones and Birch. The event will be Oct. 4 at Nashville's Downtown
Hilton. |
Download the invitation
|
| TBA Member Services |
| Ship directly from Microsoft Office Outlook with FedEx QuickShip |
| Now you can ship your FedEx packages directly from the Microsoft Office Outlook application -- and save money doing it. It's a fast and convenient way to easily access some of the most popular features on fedex.com using Microsoft technology. That's why you should Think FedEx First.
|
Take advantage of your member discounts on select FedEx shipping services and FedEx OfficeSM business services
|
| |
|
| |
Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php
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
|
|
|
