TBA Today

Thursday, September 29, 2011

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Campaign puts focus on pro bono needs, contributions

Tennessee lawyers will offer free legal services to those unable to afford a lawyer throughout the month of October as part of the national Celebrate Pro Bono initiative. More than 40 events -- including legal advice clinics, CLE training and public education programs -- are planned across the state during the month. Gov. Bill Haslam has again recognized the good work of Tennessee attorneys in meeting the tremendous need for legal services in a proclamation declaring October as "Celebrate Pro Bono Month."

"Taking care of our neighbors is part of what it means to be a Tennessean," TBA President Danny Van Horn said in announcing the event. "This October, Tennessee attorneys once again have an opportunity to demonstrate our leadership, care and volunteerism in service of those in need. Times are tough for many of our neighbors and there are things that only attorneys can do to help. I encourage all attorneys to give back with their time or with their wallets during Pro Bono Month. I also encourage paralegals and law students to help in any way they can."

Learn more about the campaign and see a list of events

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
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
02 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
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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.

DAVID DAWSON JOHNSON v. MADISON COUNTY, TENNESSEE

Court: TCA

Attorneys:

Teresa A. Luna, Charles H. Barnett, Jackson, Tennessee, for the appellant, David Dawson Johnson.

James I. Pentecost, Donald D. Glenn, Melissa K. Van Pelt, Jackson, Tennessee, for the appellee, Madison County, Tennessee.

Judge: HIGHERS

Madison County allegedly erroneously mis-assigned and sold a portion of Appellant's property. Many years later, in 2006, Appellant learned of the alleged mistake and filed suit to quiet title against Madison County, two former owners, and the then-current property owner. In 2010, the matter was settled prior to trial, and the property was returned to Appellant. Appellant then filed suit against Madison County seeking to recover his litigation expenses incurred in the action to quiet title. The trial court, however, dismissed his claims as time-barred. We affirm.

http://www.tba2.org/tba_files/TCA/2011/johnsond_092911.pdf

RICHARD RHODEN v. DONALD D. RHODEN

Court: TCA

Attorneys:

John E. Talbott, Henderson, Tennessee, for the Defendant/Appellant, Donald D. Rhoden.

Lloyd R. Tatum, Henderson, Tennessee, for the Plaintiff/Appellee, Richard Rhoden.

Judge: KIRBY

This is an action for unlawful detainer. The property at issue was deeded to the plaintiff and his father "as tenants in common with the right of survivorship." For a time, the father, the plaintiff, and the plaintiff's brother all lived together on the property. The father died intestate. After the father's death, the plaintiff asked his brother to leave the property, and the brother refused. The plaintiff then filed this action against his brother for unlawful detainer, claiming that he was the sole owner of the property after their father's death based on his right of survivorship. After a bench trial, the trial court agreed and held in favor of the plaintiff. The brother now appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2011/rhodenr_092911.pdf

DOYLE SWEENEY v. DAVID TENNEY
With Concurring and Dissenting Opinion

Court: TCA

Attorneys:

Thomas C. Jessee, Johnson City, Tennessee, for the appellant, David Tenney.

Leroy Tipton, Jr., Greeneville, Tennessee, for the appellee, Doyle Sweeney.

Judge: FRANKS

Plaintiff sued defendant, alleging defendant owed money on a loan. Defendant defended on the ground that the contract was oral and the statute of frauds barred any collection. The Trial Court awarded Judgment in favor of plaintiff in the amount of $4,500.00. On appeal, we affirm the Trial Court.

http://www.tba2.org/tba_files/TCA/2011/sweeneyd_092911.pdf

SUSANO dissenting in part and concurring in part
http://www.tba2.org/tba_files/TCA/2011/sweeney_DIS_092911.pdf

STATE OF TENNESSEE v. JOSHUA LEE BROWN

Court: TCCA

Attorneys:

C. Dawn Deaner, District Public Defender; Jeffrey A. DeVasher, Assistant District Public Defender (on appeal); and J. Michael Engle and Joan A. Lawson, Assistant District Public Defenders (at trial), for the appellant, Joshua Lee Brown.

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Thomas Thurman, Dina Shabayek, and Jeff Burks, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: TIPTON

The Defendant, Joshua Lee Brown, was found guilty by a Davidson County Criminal Court jury of two counts of felony murder; attempted first degree murder, a Class A felony; and attempted especially aggravated robbery, a Class B felony. See T.C.A. sections 39-13-202 (2006) (amended 2007), 39-12-101 (2010), 39-13-403 (2010). He was sentenced to life imprisonment without the possibility of parole for each of the felony murder convictions, to twenty years' confinement for attempted first degree murder, and to ten years' confinement for attempted especially aggravated robbery. The attempted first degree murder conviction was ordered to be served consecutively to the remaining convictions, for an effective sentence of life plus twenty years. On appeal, he contends that (1) the trial court erred by denying his motion to redact a portion of the video evidence; (2) the trial court erred by denying his motion to strike the State's notice of intent to seek a sentence of life imprisonment without the possibility of parole; (3) the trial court erred by denying his motion to strike the felony murder aggravating circumstance from the State's notice of intent to seek a sentence of life imprisonment without the possibility of parole; (4) the trial court erred by granting the State's request to augment the pattern jury instruction on the "heinous, atrocious, and cruel" aggravating circumstance; (5) the trial court erred by rejecting his requested sentencing instruction regarding the statutory mitigating circumstance that he acted under the substantial domination of another person; (6) his rights to due process and a fair trial were violated when the trial court failed to give the jury meaningful guidance or directions as to their deliberations during the punishment phase of the trial; (7) the trial court erred by imposing partially consecutive sentences; and (8) the evidence was insufficient to establish the "heinous, atrocious, and cruel" aggravating circumstance as to one of the victims during sentencing. We conclude that although the trial court erred when giving a special jury instruction, the error was harmless in light of the whole record. Furthermore, we conclude that although the evidence was insufficient to establish an aggravating circumstance and the trial court failed to make the necessary findings when imposing consecutive sentences, the sentences imposed were appropriate. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/brownj_092911.pdf

DWAYNE R. CROSS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Dwayne R. Cross, appellant, pro se.

Robert E. Cooper, Jr., Attorney General & Reporter; and Clark Bryan Thornton, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Dwayne R. Cross, appeals the Blount County Circuit Court's denial of his motion to dismiss the indictments in this case, and the State moves this court to affirm the circuit court's order summarily via Tennessee Court of Criminal Appeals Rule 20. The State's motion is well taken, and accordingly, the circuit court's order is affirmed pursuant to Rule 20.

http://www.tba2.org/tba_files/TCCA/2011/crossd_092911.pdf

TODAY'S NEWS

Legal News
Celebrate Pro Bono
Upcoming
TennBarU CLE
TBA Member Services

Legal News

Nominating commission wary of specialized court

The pool of applicants who want to replace retiring Davidson County Circuit Judge Barbara Haynes is taking shape, and observers say its makeup is being influenced by expectations that the new judge will be asked to focus on domestic matters. This is frustrating the Judicial Nominating Commission, which wants to see well rounded, rather than specialized, applicants. Vice Chairman Tom Lawless cautioned against designating the seat as a domestic court in advance of the selection process. "Frankly, I'm just not going to participate in a sham like that," he said. "We want the best and brightest that we can possibly get. Every judge should be competent enough to hear any kind of case."

Read more from his column

Attitudes shift on 'battered woman' defense

Advocates and legal experts suggest that society has a better understanding of domestic violence and its effect on victims than it did when Gaile Owens was tried for the murder of her husband. "There's been a sea change in attitudes" said Christopher Slobogin, director of the criminal justice program at Vanderbilt University. "The courts were originally hostile to it, but now it has widespread acceptance around the country as a mitigator or, in some circumstances, even as a complete defense." Others suggest change has come because lawyers are better trained to ask questions that reveal abusive relationships and that the stigma that kept Owens from speaking up does not hold the power it once did.

The Tennessean explores

Law school applicants, LSAT takers in decline

The Law Blog of the Wall Street Journal reports that Fall 2011 applications for law school were down 10 percent -- the steepest decline in at least 10 years. The paper also suggests that this may be the beginning of a trend. This summer, there was an 18.7 percent decline in LSAT test takers -- the biggest decline in at least 24 years, according to the Law School Admission Council.

Learn more

Celebrate Pro Bono

Judges invite Nashville area lawyers to lunch

Judges in Davidson County are inviting area lawyers to join them at a luncheon on Oct. 7 from noon to 1:30 p.m. at the Historic Metro Courthouse to kick off Celebrate Pro Bono Month. The event is sponsored by the Tennessee Legal Community Foundation's Corporate Counsel Initiative, Nashville Bar Association, Legal Aid Society and Nashville Pro Bono Program. The judges will use the event to encourage pro bono work and recognize a team of "Homerun Hitters," including corporate counsel whose efforts provide an example for all lawyers. The lunch is free but reservations are required. Reserve your spot by contacting Traci Hollandsworth by email or at (615) 242-9272.

Download the invitation

Wills for Heroes clinic planned for Saturday

The TBA Young Lawyers Division will hold several Wills for Heroes clinics during the month of October. The first one will take place this Saturday, Oct. 1, in Franklin. The event, which provides free wills and other end of life legal documents for first responders, will be at the Franklin Police Department, 900 Columbia Ave., Franklin 37064. The event will run from 9 a.m. to 5 p.m. in the department's community room. To volunteer contact District 11 Representative Shauna Billingsley or (615) 550-6603.

See a list of all events

Upcoming

EJU announces conference sponsors

The 2011 Equal Justice University (EJU) has sessions for everyone -- attorneys, social workers and other advocates. Attendees also will able to interact with the conference's premier sponsors: National Association of Social Workers Tennessee Chapter, Tennessee Disability Coalition, Tennessee Voices for Children, Tennessee Commission on Aging and Disability, Miller & Martin PLLC, Waller Lansden Dortch & Davis LLP, Disability Law & Advocacy Center of Tennessee, Metal Health Cooperative of Tennessee, Bass, Berry & Sims, and Tennessee Association of Mental Health Organizations (TAMHO).

Learn more or register here

TennBarU CLE

Get ready for the TBA's new Ethics Roadshow

"All About the Money" is this year's theme for the TBA's annual Ethics Roadshow program. Taking place in six cities across the state this December, the program will focus on changes to the Tennessee Rules of Professional Conduct that became effective at the beginning of 2011. Program producer and speaker Brian S. Faughnan talks about the series.

TBA Member Services

Use the TBA rewards card

A Tennessee Bar Association Platinum Plus MasterCard credit card from Bank of America rewards you for the things you buy anyway. You also have the chance to show your support for Tennessee Bar Association every time you present your card. To apply, call toll-free (866) 438-6262 or learn more here

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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.