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| Wednesday, September 21, 2011 |
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12 apply for 21st District Circuit Court
Twelve attorneys have applied to fill the 21st Judicial District circuit court vacancy created by the appointment of Judge Jeff Bivins to the state Court of Criminal Appeals. They are: Michael W. Binkley with Schell, Binkley and Davies in Franklin; Andrew B. Campbell with Wyatt, Tarrant & Combs in Brentwood; Linden attorney James Carl Duncan; Williamson County Juvenile Court Magistrate Sharon E. Guffee of Franklin; Franklin lawyer George Travis Hawkins; Brentwood lawyer Russ Heldman; Franklin lawyer Judy A. Oxford; 21st Judicial District Deputy District Attorney Derek Keith Smith of Franklin; Stewart Clarke Stallings with Farmers Insurance Group in Brentwood; Franklin lawyer David H. Veile with Lowery, Lowery & Cherry; Steven P. Westbrook with Steltemeier & Westbrook in Franklin; and John Lester Whitfield Jr. with Moody, Whitfield and Castellarin in Franklin. A public hearing will be held Oct. 20 at 8:30 a.m. at the Williamson County Courthouse in Franklin.
Read more about the candidates on the AOC website
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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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
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06 - TN Attorney General Opinions
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00 - Formal Ethics Opinions - BPR
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STATE OF TENNESSEE EX REL. JESSICA ELAINE DILLARD v. JEREMY WILLIAMSON BLANKS
Court: TCA
Attorneys:
Thomas J. Hendrickson, III, Nashville, Tennessee, for the appellant, Jessica Elaine Dillard.
J. Reese Holley, Dickson, Tennessee, for the appellee, Jeremy Williamson Blanks.
Judge: CLEMENT
Mother of the parties' three-year-old child appeals the trial court's designation of Father as the primary residential parent. Mother, who was temporarily named the primary residential parent while the action was pending, contends the initial order by which she was appointed was not a temporary order, but a final order and, thus, res judicata applies. The trial court disagreed and entered a final order naming Father the primary residential parent of the parties' minor child. We affirm.
http://www.tba2.org/tba_files/TCA/2011/dillardj_092111.pdf
MALONE F. PITTS ET AL. v. VILLAS OF FRANGISTA OWNERS' ASSOCIATION, INC. ET AL.
Court: TCA
Attorneys:
Eugene N. Bulso, Jr., and Paul J. Krog, Nashville, Tennessee, for the appellants, Malone F. Pitts, William E. Pitts, Valley Stream Investments, LLC, The S. Malone Foshee Pitts Irrevocable Trust, George Holdings, LLC.
William R. O'Bryan, Jr., and Sarah L. Tally, Nashville, Tennessee, for the appellees, Villas of Frangista Owners' Association, Inc., Tommy Batson, Jon Pound, and Bert Matthews.
Judge: BENNETT
The question presented is whether the trial court erred in dismissing this lawsuit based upon a pending lawsuit in another state. Because the out-of-state lawsuit is not an exercise of quasi in rem jurisdiction, we conclude that the trial court erred in applying the doctrine of prior suit pending. We, therefore, reverse the trial court's decision.
http://www.tba2.org/tba_files/TCA/2011/pittsm_092111.pdf
EDITH NELL ALLEN SHAW v. JERRY EMERSON SHAW
Court: TCA
Attorneys:
Rachel L. Lambert, Arlington, Tennessee, for the appellant, Jerry Emerson Shaw.
Clayton F. Mayo, Jackson, Tennessee, for the appellee, Edith Nell Allen Shaw.
Judge: HIGHERS
Mother and Father were divorced in 2006, and Father was ordered to pay child support for the parties' adult disabled son. In 2010, the divorce court increased Father's child support obligation for the adult disabled son. We vacate both orders to the extent that they required Father to pay child support for the adult disabled son because the divorce court did not have subject matter jurisdiction to order such support. We also remand this matter for such further
proceedings as may be necessary.
http://www.tba2.org/tba_files/TCA/2011/shawe_092111.pdf
STATE OF TENNESSEE v. PRINCE ADAMS
Court: TCCA
Attorneys:
Brett Stein and Larry Diamond, Memphis, Tennessee, for the appellant, Prince Adams.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; and Patience Branham
and David Zak, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The defendant, Prince Adams, was convicted by a Shelby County jury of premeditated first degree murder and subsequently sentenced to life in the Tennessee Department of Correction. He now appeals his conviction, presenting five issues for our review: (1) whether the evidence is sufficient to support the conviction; (2) whether the trial court
properly allowed into evidence photographs of the victim (a) while she was alive and (b) of her body at the crime scene; (3) whether the court properly denied the defendant's
motion in limine with regard to the admission of his prior domestic violence charge; (4) whether the defendant is entitled to a new trial because an alternate juror left a note
expressing his position with regard to the defendant's guilt, which was found by the jury foreperson prior to jury deliberations; and (5) whether the court correctly denied the
defendant's request for a special jury instruction on diminished capacity. Following review of the record, we find no issue that would entitle the defendant to relief. As such,
the conviction and sentence are affirmed.
http://www.tba2.org/tba_files/TCCA/2011/adamsp_092111.pdf
STATE OF TENNESSEE v. FREDERICK HOBSON
Court: TCCA
Attorneys:
Stephen Bush, District Public Defender; Harry E. Sayle, III, Assistant District Public Defender (on appeal); and Jennifer Johnson, Assistant District Public Defender (at trial), for
the appellant, Frederick Hobson.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Doug Carriker and Corlis Shaw, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, Frederick Hobson, was convicted by a Shelby County Criminal Court jury of three counts of selling cocaine, three counts of possessing cocaine with the intent to sell,
and three counts of possessing cocaine with the intent to deliver, Class C felonies. See T.C.A. section 39-17-417(a) (2010). The trial court merged the convictions for possession with the intent to sell and possession with the intent to deliver and sentenced the Defendant as a Range II, multiple offender to ten years' confinement for two of the sale convictions and two of the possession convictions and to six years' confinement for the remaining sale and possession convictions. The ten-year sentences were ordered to be served consecutively to the six-year sentences, for an effective sixteen-year sentence. On appeal, the Defendant
contends that the evidence was insufficient to support his convictions and that the trial court erred by imposing the maximum sentence for four convictions and by imposing partially consecutive sentences. We affirm the convictions, but we vacate the judgments and remand the case for entry of judgments reflecting merger of the jury verdicts into three convictions for sale of a controlled substance.
http://www.tba2.org/tba_files/TCCA/2011/hobsonf_092111.pdf
STATE OF TENNESSEE v. MARILYN SESLER
Court: TCCA
Attorneys:
William B. Lockert, III, District Public Defender, and Lila Kathleen Mitchell, Assistant District Public Defender, for the appellant, Marilyn Sesler.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Timothy Peters, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, Marilyn Sesler, was convicted by a Dickson County Circuit Court jury of making a false report, a Class D felony. See T.C.A.section 39-16-502(a) (2010). The trial court
sentenced the Defendant as a Range I, standard offender to two years' probation. On appeal, the Defendant contends that the evidence was insufficient to support her conviction and that the trial court erred by failing to consider and make appropriate findings when rejecting judicial diversion. We affirm the Defendant's conviction, but we remand for resentencing consistent with this opinion.
http://www.tba2.org/tba_files/TCCA/2011/seslerm_092111.pdf
Preference in THDA's Qualified Allocation Plan for Developments in Qualified Census Tracts
TN Attorney General Opinions
Date: 2011-09-21
Opinion Number: 11-65
http://www.tba2.org/tba_files/AG/2011/ag_11_65.pdf
Failure to Appoint Successor Utilities Commissioner
TN Attorney General Opinions
Date: 2011-09-21
Opinion Number: 11-66
http://www.tba2.org/tba_files/AG/2011/ag_11_66.pdf
Retailers' Sales Tax Act and Import and Export Taxes
TN Attorney General Opinions
Date: 2011-09-21
Opinion Number: 11-67
http://www.tba2.org/tba_files/AG/2011/ag_11_67.pdf
County Budgeting Law of 1957 and Funding of Schools
TN Attorney General Opinions
Date: 2011-09-21
Opinion Number: 11-68
http://www.tba2.org/tba_files/AG/2011/ag_11_68.pdf
Holding Period Location Requirements of Scrap Jewelry and Metal Dealer's Act of 1980
TN Attorney General Opinions
Date: 2011-09-21
Opinion Number: 11-69
http://www.tba2.org/tba_files/AG/2011/ag_11_69.pdf
State Board of Accountancy's Authority to Establish Compensation for Employees
TN Attorney General Opinions
Date: 2011-09-21
Opinion Number: 11-70
http://www.tba2.org/tba_files/AG/2011/ag_11_70.pdf
IN RE: DAVID P. BURLISON JR., BPR 0I0924
Court: TSC-Disciplinary_Order
Judge: KOCH
Censure
http://www.tba2.org/tba_files/TSC/2011/burlisond_092111.pdf
IN RE: RICHARD A. DEMONBREUN, BPR 0I4565
Court: TSC-Disciplinary_Order
Judge: KOCH
Suspension
http://www.tba2.org/tba_files/TSC/2011/demonbreunr_092111.pdf
IN RE: GLENN DOUGLAS TACKETT JR., BPR 020304
Court: TSC-Disciplinary_Order
Judge: KOCH
Suspension
http://www.tba2.org/tba_files/TSC/2011/tackettg_092111.pdf
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| TODAY'S NEWS |
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General Assembly News
Legal News
Upcoming
Career Opportunities
Disciplinary Actions
TennBarU CLE
TBA Member Services
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| General Assembly News |
| Court of Judiciary may see new makeup |
| The legislative hearing involving the operations of the Court of the Judiciary continued today, with State Senator Mae Beavers saying she plans to update her proposal to rework the Court of the Judiciary, shrinking its size and adding more members from outside the legal world. Additional coverage from the committee's first day of hearings is available from
the Tennessean and WSMV TV.
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Read WPLN's coverage of today's session
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| Legal News |
| Feds won't target owners of illegal instruments |
| As Gibson Guitar Corp. continues to grapple with a federal investigation into the woods it uses to build instruments, the U.S. Justice Department and Interior Department have confirmed they have no plans to go after musicians who unknowingly possess instruments made with the illegal wood. In a letter to U.S. Rep. Marsha Blackburn, R-Tenn., officials said enforcement efforts are focused only on those "removing protected species from the wild and making a profit by trafficking in them."
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The News Sentinel has the story
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| Bradley detention center scores high marks |
| The Bradley County Juvenile Court detention center may provide a model for other centers in the state. It has just been given its third perfect score from the Tennessee Department of Children Services. Among the center's achievements: its work with the local school system to make sure children in custody keep up with their education, its partnership with a social services agency to get social workers in the homes of children in custody, and its use of a new computer program that will help the Cleveland Police Department and the Bradley County Sheriff's office track children who come through the system.
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Learn more about these initiatives in the Cleveland Daily Banner
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| New judicial commissioner to be picked |
| The Henry County Commission plans to have a special election at its October meeting to pick a new judicial commissioner and constable. One of the county's two judicial commissioner positions needs to be filled because of the recent resignation of Wayne Hicks. Judicial commissioners work with law enforcement agencies on duties such as signing warrants and setting bail.
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The Paris-Post Intelligencer reports
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| Last ditch efforts, worldwide vigils planned for Davis |
| Supporters of death row inmate Troy Davis are planning vigils around the world as he faces a 7 p.m. execution tonight. Events are planned outside the prison in Jackson and at U.S. embassies in Europe. Meanwhile, Davis' lawyers have taken some unique measures to stop the execution, according to the Chattanooga Times Free Press, including offering for Davis to take a polygraph test, encouraging prison workers to strike or call in sick, and posting a judge's phone number online, urging people to call and ask him to stop the execution. They've even considered a desperate appeal for White House intervention. The moves come after the Georgia Board of Pardons and Paroles declined to grant clemency in the case yesterday. Today the board denied a petition to reconsider that decision and the Georgia Supreme Court turned down a stay. |
The Atlanta Journal Constitutional has the latest
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| Upcoming |
| Lawyers invited to NBA picnic |
| Nashville lawyers will be gathering at the Downtown Hall of Fame Park tomorrow (Sept. 22) for the annual Nashville Bar Association Free Member Picnic. The event is free to all NBA members and open to others for $20.
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Find out more from the NBA
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| Career Opportunities |
| Tort lawyer sought in Chattanooga |
| Counsel On Call is seeking an attorney with medical malpractice and/or products liability experience for an on-going contract assignment with a Chattanooga law firm. Applicants should have at least three years of litigation experience in a law firm or corporate environment; medical malpractice and/or products liability experience; and the ability to manage a file and conduct discovery and depositions. Candidates should send resumes to Dianne Neely at nashvilleresumes@counseloncall.com. |
Learn more on JobLink
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| Disciplinary Actions |
| Additional lawyers suspended for administrative violations |
| On Sept. 12, the Tennessee Supreme Court issued two orders suspending attorneys who did not pay their annual fee or did not file their mandatory IOLTA report. The orders supplement an order issued on Aug. 22, which suspended lawyers who failed to take both actions.
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See the new lists here
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| Shelby County lawyer censured |
| Shelby County lawyer David P. Burlison was censured publicly on Sept. 16. In imposing the censure, the court also noted that he is currently suspended for failing to meet continuing legal education requirements. The court also directed Burlison to pay $708.33 to cover the cost of his disciplinary proceeding.
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Download the court order
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| Davidson County lawyer suspended |
| The Tennessee Supreme Court on Sept. 16 suspended Richard A. Demonbreun for four months and directed him to (1) comply with orders of protection and retirement, (2) resume psychiatric and/or psychological therapy, (3) work with the Tennessee Lawyers Assistance Program, and (4) pay $6,098.03 to cover the cost of his disciplinary proceeding. The court also ruled that Demonbreun must produce a letter from his therapist indicating he is mentally fit to resume the practice of law before pursuing reinstatement. |
Download the court order
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| Nashville lawyer suspended |
| On Sept. 13, the Tennessee Supreme Court suspended Nashville lawyer Glenn Douglas Tackett Jr. for 60 days after finding that he practiced law while his license was suspended for failure to comply with continuing legal education requirements. The court also ordered him to pay the cost of the disciplinary proceeding.
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Download the court order
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| TennBarU CLE |
| Gonsewski: What it means for the future of alimony |
| Two attorneys involved in the high-profile Gonsewski alimony case will discuss the decision in a TennBarU CLE webcast on Oct. 5. The one-hour webcast will begin at 10 a.m. Central time. Edward J. Gross and Jeff Levy were attorneys in the case, which addressed the question of whether alimony in futuro should be awarded to a spouse who has a college degree, good health, a stable work history in a relatively high paying job, and a lack of demonstrated need for such long-term alimony.
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Find out more or register now
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| TBA Member Services |
| Program offers savings on auto insurance |
| See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
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or get an online rate quote
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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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