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| Wednesday, October 05, 2011 |
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Gonzales to join Nashville's Waller, Lansden
Former U.S. Attorney General Alberto Gonzales this fall will join the Nashville law firm of Waller Lansden Dortch & Davis LLP in an "of counsel" role. Gonzales will practice in the area of white-collar defense and advise clients about government relations. Earlier this week, the former AG revealed that in January he will join the faculty of Belmont University's College of Law, where he will teach constitutional law.
The Nashville Post reported the news.
The Law Blog of the Wall Street Journal 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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IN RE: BOBBY D. GREEN
Court: TCA
Attorneys:
Bobby D. Green, Whites Creek, Tennessee, Pro Se.
No other attorney listed.
Judge: COTTRELL
A pro se litigant failed to pay the court costs resulting from complaints he had filed, and the Circuit Court entered an order in 2006 that allowed it to refer future complaints by that litigant to a Special Master for screening. The court's order directed the Special Master to determine whether the court costs had been satisfied and to file a written report
recommending whether the complaint should be allowed to proceed or be dismissed. The trial court was empowered to dismiss the complaint without a hearing if the recommendation of the Special Master was that the case not proceed. In the appeal before us, the litigant appealed from a general sessions judgment that denied him any relief for the purchase of a lawn mower that he alleged was defective. The Special Master's investigation revealed that the litigant had failed to pay any of the court costs previously assessed against him and that additional costs had accrued since then. In accordance with the Special Master's recommendation, the court dismissed his complaint. We find that the trial court acted within its authority, and we accordingly affirm.
http://www.tba2.org/tba_files/TCA/2011/greenb_100511.pdf
ASHLEY KING v. KENNETH J. WULFF
Court: TCA
Attorneys:
Charles Galloway Blackard, III, Franklin, Tennessee, for the appellant, Kenneth J. Wulff.
William C. Conway, Franklin, Tennessee, for the appellee, Ashley Brooks King.
Judge: BENNETT
In this dispute over child support arrearage, father argues that the trial court erred in increasing the amount of his monthly payment. We affirm the trial court's decision.
http://www.tba2.org/tba_files/TCA/2011/kinga_100511.pdf
STATE OF TENNESSEE v. WILLIE MICHAEL RICHARDSON
Court: TCCA
Attorneys:
L. Scott Grissom, McMinnville, Tennessee, for the appellant, Willie Michael Richardson.
Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Lisa Zavogiannis, District Attorney General; and Joshua Crain, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
The appellant, Willie Michael Richardson, pled guilty in the Warren County Circuit Court to initiating a process intended to result in the manufacture of methamphetamine, promoting
the manufacture of methamphetamine, and evading arrest. The trial court merged the first two convictions and sentenced the appellant to twelve years in confinement. For the evading arrest conviction, the trial court sentenced the appellant to eleven months, twenty nine days to be served consecutively to the twelve-year sentence. On appeal, the appellant contends that his twelve-year sentence is excessive and that consecutive sentencing is improper. Based upon the record and the parties' briefs, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/richardsonw_100511.pdf
STATE OF TENNESSEE v. MALCOLM DUDLEY THOMAS
Court: TCCA
Attorneys:
Brent Horst (on appeal), Nashville, Tennessee, and Robert H. Hassell (at trial), Franklin, Tennessee, for the appellant, Malcolm Dudley Thomas.
Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; Kim R. Helper, District Attorney General; and Mary Katherine White and
Jennifer Moore, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: OGLE
A Williamson County Circuit Court jury convicted the appellant, Malcolm Dudley Thomas, of aggravated sexual battery, a Class B felony, and the trial court sentenced him to eight years in confinement. On appeal, the appellant contends that (1) the trial court erred by ruling that the State's rebuttal witnesses could testify about the victim's character for truthfulness and (2) the State committed prosecutorial misconduct throughout the trial by placing or attempting to place prejudicial and irrelevant facts before the jury. Based upon the oral arguments, the record, and the parties' briefs, we conclude that the trial court committed reversible error by allowing the State's rebuttal witnesses to testify about the victim's character for truthfulness. Therefore, the appellant's conviction is reversed, and the
case is remanded to the trial court for a new trial.
http://www.tba2.org/tba_files/TCCA/2011/thomasm_100511.pdf
STATE OF TENNESSEE v. JASON WAYNE WHITE
Court: TCCA
Attorneys:
Roger E. Nell, Public Defender; Daniel Ufford (on appeal), and Ann M. Kroeger (at hearing), Assistant District Public Defenders, for the appellant, Jason Wayne White.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; John W. Carney, District Attorney General; and Jason White, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
The defendant, Jason Wayne White, appeals the revocation of his probation, claiming that the trial court abused its discretion by revoking his probation and ordering execution of the
original sentence. Discerning no error, we affirm.
http://www.tba2.org/tba_files/TCCA/2011/whitej_100511.pdf
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| TODAY'S NEWS |
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Legal News
Celebrate Pro Bono
Upcoming
Disciplinary Actions
TBA in the News
TBA Member Services
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| Legal News |
| Judge hears FBI file case |
| U.S. District Judge Amy Berman Jackson yesterday heard arguments on whether the FBI file of Memphis photographer Ernest C. Withers is subject to a public records request from The Commercial Appeal. Withers, known for his photographs during the civil rights era, had extraordinary access to Dr. Martin Luther King Jr. and other leaders at the time of the 1968 Memphis sanitation workers' strike. It recently became public that he may have been working as an informant for the FBI during that turbulent time. |
The Commercial Appeal looks at the arguments on both sides
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| Torrence loses time on pension |
| Former Davidson County Criminal Court Clerk David Torrence's pension will be reduced after the Metro Employee Benefit Board decided to cut by six months the service credit he will receive. The board voted to reduce the time on evidence that Torrence only worked enough to receive half-credit for each of 12 different months. Torrence retired in July to avoid facing an ouster over questions about his work habits. At the time, his annual pension was estimated to be about $80,000.
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The Tennessean reports
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| Noncitizens to be purged from voter rolls |
| A new law designed to curb illegal voting by noncitizen residents has gone largely unnoticed, overshadowed by the state's new voter identification law. But the state elections office will soon compare the names of more than 20,000 noncitizens that hold driver's licenses with voter registration records. Anyone listed as a noncitizen and registered to vote will be given 30 days to present proof of citizenship or be purged from the rolls. The review is expected to be completed before the March 6, 2012, presidential primary, reports the Memphis Daily News.
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Learn more here
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| Bar foundation chair reflects on IOLTA history |
| Memphis attorney Charles Key of Wyatt, Tarrant & Combs LLP recently took office as chairman of the Tennessee Bar Foundation. In an interview with the Memphis Daily News, Key reflects on the IOLTA program and the organizations it has benefited.
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Read it here
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| Reference for judges in scientific trials updated |
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An update on a book for judges, the Reference Manual on Scientific Evidence, has been released.
Developed in collaboration with the Federal Judicial Center to guide judges as they encounter scientific evidence at trials, it replaces an edition published in 2000 and includes new chapters on areas such as neuroscience, mental health and forensic science. |
Learn more about the reference
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| LSC requests $470 million for FY 2013 |
| The Legal Service Corporation (LSC) plans to request $470 million in funding for Fiscal Year 2013. Of that amount $440.3 million would go to basic field grants, $5 million would fund technology innovation grants, $1 million would provide student loan assistance, $19.5 million would fund management and grants oversight, and $4.2 million would finance the Office of Inspector General.
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Read more from the LSC
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| Celebrate Pro Bono |
| Legal clinic set for Thursday in Murfreesboro |
| The Rutherford County Bar Association will hold a legal advice clinic tomorrow, Oct. 6, at Greenhouse Ministries, 309 South Spring St. in Murfreesboro. The event will run from 4 to 6 p.m. though members of the public seeking free legal assistance may sign in beginning at 3:30 p.m. Please contact Murfreesboro lawyer John Blankenship at john@blankenshiplawffice.com or (615) 893-4160. |
See a full schedule of Celebrate Pro Bono Month events
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| Senior outreach program in Gruetli Laager Thursday |
| A Seniors Education & Outreach program, "Simple Wills & Healthcare Powers of Attorney," will be held at the Gruetli Laager Community Center, located at 28704 SR 108, from 8 to 11:30 a.m. tomorrow, Oct. 6. The program is sponsored by Legal Aid of East Tennessee, the 13th Annual Senior Expo and Sequachee Valley Electric Cooperative. For more information, contact Charlie McDaniel at (423) 756-4013 or at cmcdaniel@laet.org.
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| Upcoming |
| Barristers breakfast set for Friday in Memphis |
| The 12th Annual Barrister's Pancake Breakfast will be held this Friday from 7:30 to 9 a.m. at the Calvary Church in downtown Memphis. Tickets cost $10 and may be purchased in advance or at the door. Proceeds benefit Komen For The Cure. The event is sponsored by Baker, Donelson, Bearman, Caldwell & Berkowitz PC with additional support from Alpha Reporting Corporation, Calvary Episcopal Church, Hog Wild, A Moveable Feast, MLSA-Legal Professionals of Memphis, Memphis Bar Association, Royal Cup Coffee, Wolff Ardis PC and Wyatt, Tarrant & Combs LLP. Contact Judy Birchler at (901) 577-2243 or jbirchler@bakerdonelson.com for more information. |
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| Disciplinary Actions |
| 12 lawyers reinstated after administrative suspension |
| Twelve Tennessee lawyers have been reinstated in the last two weeks after being suspended for CLE noncompliance in 2010, or failure to file the 2011 annual BPR fee and IOLTA report. |
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| TBA in the News |
| Media covers GAVELS initiative |
| A number of Tennessee media outlets have covered the new GAVELS program -- which pairs lawyers and judges to speak to student and community groups on issues related to civics education and the operation of the courts -- including the Knoxville News Sentinel, Memphis Daily News, Tricities.com and WREG News 3. National coverage includes a story in The Republic, based in Indiana. |
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| TBA Member Services |
| Get Connected: Sign up for TBA Connect today |
| Hundreds of your colleagues have already joined in to the TBA's Social Networking platform for members called TBA Connect. This service provides many of the same features of sites such as LinkedIn or Facebook, but access is limited to members of the Tennessee Bar Association and approved guests. |
Join TBA Connect 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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