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| Monday, October 10, 2011 |
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Jobs gained overall, but lost in legal industry
The overall economy added 103,000 jobs in September, according to the Bureau of Labor Statistics' preliminary September employment report released Friday. But the uptick didn't carry over to the legal sector, which lost 1,300 jobs last month, the report says.
After adding 4,100 positions in July, the legal industry has now suffered two straight months of job losses.
The AmLaw Daily reports on the findings
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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.
02 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - 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
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2011/certlist101011.pdf
JOSEPH EDWARD RICH, M.D. v. TENNESSEE BOARD OF MEDICAL EXAMINERS
With Dissenting Opinion
Court: TSC
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Associate Solicitor General; and Sara E. Sedgwick, Senior Counsel, for the appellant, Tennessee Board of
Medical Examiners.
James C. Bradshaw, Nashville, Tennessee, and Jeffrey B. Levens, Chicago, Illinois, for the appellee, Joseph Edward Rich, M.D.
Judge: LEE
This is an appeal from an administrative hearing wherein the Tennessee Board of Medical Examiners suspended a physician's medical license for one year and imposed other conditions after finding that, among other things, the physician had violated Tennessee Code Annotated sections 63-6-214(b)(1),(4), and (12) (2010). Upon review, the trial court
affirmed the Board's ruling; however, because the Board failed to articulate the applicable standard of care in its deliberations, the Court of Appeals reversed the Board's ruling. We agree with the Court of Appeals that the Board was required to articulate the standard of care in its deliberations. Therefore, we vacate the ruling of the trial court to the extent that it affirms the Board's decision that the physician violated Tennessee Code Annotated sections
63-6-214(b)(1),(4), and (12). However, rather than reversing the Board's decisions, we are remanding the matter to the Board and instructing it to conduct deliberations based on the
existing record and articulate the applicable standard of care as required by the statute.
http://www.tba2.org/tba_files/TSC/2011/richj_101011.pdf
HOLDER dissenting
http://www.tba2.org/tba_files/TSC/2011/richj_DIS_101011.pdf
LORI ANN STILES ESTES v. RANDY LEE ESTES
Court: TCA
Attorneys:
Eric J. Burch, Manchester, Tennessee, for the appellant, Lori Ann Stiles Estes.
Thomas F. Bloom, Nashville, Tennessee; Tami Ross, McMinnville, Tennessee, for the appellee, Randy Lee Estes.
Judge: COTTRELL
The trial court granted a divorce to the parents of three minor children. The permanent parenting plan incorporated into the decree of divorce designated the mother as the primary residential parent of the parties' twin sons and younger daughter and granted the father standard visitation. The parties lived in Warren County prior to the divorce, in close proximity to the school the children attended. Two years after divorce, Father filed a petition to modify the permanent parenting plan, and Mother moved to another county. The children all testified in chambers that they wanted to spend half the time with their father and to
remain enrolled in the Warren County schools. The court concluded that there had been a material change of circumstances and that it was in the best interest of the two boys that their parenting be shared equally between the parties, with custody alternating weekly. The residential plan for the nine year-old girl was left unchanged. Mother argues on appeal that the trial court erred in ruling that there had been a material change of circumstances, and she asks us to restore the previous parenting plan. We affirm the trial court, but modify the judgment to designate Father as the primary residential parent of the parties' sons.
http://www.tba2.org/tba_files/TCA/2011/estesr_101011.pdf
BERCHIE MARIE WISER, v. RAYMOND WINFRED WISER
Court: TCA
Attorneys:
Richard L. Dugger, Shelbyville, Tennessee, for the appellant, Raymond Wiser.
Jamie D. Winkler, Carthage, Tennessee, for the appellee, Berchie Marie Wiser.
Judge: FRANKS
The husband and wife had separated, and the wife then filed for an Order of Protection against the husband, which was granted by the Trial Court. The wife then filed a Complaint
for divorce, which was ultimately granted and in the final divorce decree the Trial Court incorporated the Marital Dissolution Agreement which contained a mutual restraining order which restrained the parties from coming about, harassing or threatening or assaulting each other. Subsequently, the wife filed a motion in this case to extend the Order of Protection, and after an evidentiary hearing, the Trial Court extended the Order of Protection for five years, as allowed by statute. The husband appealed, and on appeal argues that the divorce decree, voided the Order of Protection. We hold that the Trial Judge acted in accordance
with the statute in extending the Order of Protection, and the divorce decree did not remove jurisdiction from the Trial Court to issue the extended Order of Protection.
http://www.tba2.org/tba_files/TCA/2011/wiserr_101011.pdf
STATE OF TENNESSEE v. PAUL LEON COX
Court: TCCA
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Hansel J. McCadams, District Attorney General; and Frankie K. Stanfill, Assistant District Attorney General, for the appellant, State of Tennessee.
Curtis F. Hopper, Savannah, Tennessee, for the appellee, Paul Leon Cox.
Judge: OGLE
The defendant, Paul Leon Cox, filed a motion to suppress evidence derived from a traffic stop conducted by a Tennessee Valley Authority (TVA) officer outside of TVA property. The trial court granted the motion, and the State appeals the trial court's ruling. Upon review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/coxp_101011.pdf
STATE OF TENNESSEE v. MAJID FARRAJ
Court: TCCA
Attorneys:
John L. Dolan, Jr., Memphis, Tennessee, for the appellant, Majid Farraj.
Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stephen P. Jones, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Majid Farraj, pled guilty to theft of property valued between $10,000 and $60,000, a Class C felony, and was sentenced as a Range I offender to five years in the
workhouse. On appeal, the defendant challenges the trial court's denial of his request for probation. After review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/farrajm_101011.pdf
COREY HENNINGS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Mike Mosier, Jackson, Tennessee, for the appellant, Corey Hennings.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Jody S. Pickens, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The petitioner, Corey Hennings, appeals the dismissal of his petition for post-conviction relief from his attempted first degree murder conviction, arguing that he was denied the
effective assistance of counsel and that his guilty plea was unknowing and involuntary. Following our review, we affirm the dismissal of the petition.
http://www.tba2.org/tba_files/TCCA/2011/henningsc_101011.pdf
STATE OF TENNESSEE v. KENNETH D. HUBANKS
Court: TCCA
Attorneys:
Lance R. Chism, Memphis, Tennessee (on appeal) and Daniel J. Mickiewicz, Memphis, Tennessee (on appeal and at plea hearing), for the Appellant, Kenneth D. Hubanks.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Hansel McCadams, District Attorney General; Eddie N. McDaniel, Assistant
District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
A Hardin County grand jury indicted the Defendant, Kenneth D. Hubanks, for possession with intent to sell more than .5 grams of cocaine, possession with intent to sell more than
one-half ounce of marijuana, and unlawful possession of drug paraphernalia. The Defendant filed a motion to suppress the evidence, obtained by execution of a search warrant upon his
residence, which the trial court denied. The Defendant entered a plea of nolo contendre to all of the charges but reserved a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) as to whether the search warrant established probable cause to search his residence. After review, we conclude that the Defendant has failed to comply with the strict requirements of Tennessee Rule of Criminal Procedure 37(b)(2). Accordingly, the appeal is dismissed.
http://www.tba2.org/tba_files/TCCA/2011/hubanksk_101011.pdf
STATE OF TENNESSEE v. WALTER ANDREW WARE
Court: TCCA
Attorneys:
William K. Randolph and Joseph P. Atnip, Dresden, Tennessee, for the Appellant, Walter Andrew Ware.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarance E. Lutz, Assistant Attorney General; Thomas A. Thomas, District Attorney General, and Kevin McAlpin, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
An Obion County jury convicted the Defendant, Walter Andrew Ware, of aggravated child abuse, aggravated child neglect, and aggravated child endangerment. The trial court merged the convictions and sentenced him to sixteen years, to be served at 100%. On appeal, the Defendant contends that the evidence presented, which was circumstantial, is insufficient to sustain his conviction and that the trial court made an improper ruling during voir dire. After a thorough review of the record and applicable law, we affirm the trial court's judgment.
http://www.tba2.org/tba_files/TCCA/2011/warew_101011.pdf
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| TODAY'S NEWS |
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Passages
Legal News
Celebrate Pro Bono
Upcoming
TBA Member Services
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| Passages |
| Visitation today for Jackson lawyer John Moss |
| Funeral services for Jackson lawyer John Ramsey Moss, 69, will be at noon on Oct. 11 at Saint Luke's Episcopal Church. Burial will follow at Hollywood Cemetery with military honors.
Visitation will be from 5 to 7 p.m., today (Oct. 10) at the North Chapel of Smith Funeral Home and from 10 to 11 a.m. prior to the service Tuesday morning at Saint Luke's.
A native Jacksonian, he practiced law throughout West Tennessee for more than 40 years also serving as county attorney. He was a 1969 graduate of Vanderbilt University School of Law.
In lieu of flowers, donations may be made to the Alice and Carl Kirkland Cancer Center or charity of choice. |
Read his obituary
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| Legal News |
| Board of education GC profiled |
| Nashville lawyer Dannelle F. Walker, who is general counsel for the Tennessee State Board of Education, says in this profile that her young age (27) can be a gift and a curse. "Some people assume because I'm young that I don't know what I'm talking about. Then they hear me talk and realize differently." |
Read it in the Tennessean
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| Opinion: Constitution 'ain't broke' |
| The old adage, "If it ain't broke, don't fix it," could be wisely applied to the vast majority of Tennessee's aging state constitution, columnist Tom Humphrey writes. There are now 41 resolutions that propose fixes officially awaiting consideration of the 107th General Assembly when it returns in January. He says many of them are "pure political pandering and/or posturing." |
Read more in the News Sentinel
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| Opinion: Tort laws don't 'reform' anything |
| In an opinion piece, Nashville lawyer Gary Blackburn writes that the package of laws that became effective Oct. 1 "is not simply about 'torts' nor does it 'reform' anything. It is an unseemly collection of special-interest legislation designed to protect the strong and well-connected from ordinary citizens." |
Read this guest column in the Tennessean
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| Prevention of child abuse saves lives ... and money |
| The executive director of the Memphis Child Advocacy Center points out that when a community invests in effective, strategic prevention of child sexual abuse, it saves lives and money.
"You can make a difference by advocating for community-wide training of parents, caregivers and all adults who work with kids," Nancy Williams writes.
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Read her column in the Commercial Appeal
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| Edwards' lawyer may have conflict |
| The judge in former presidential candidate John Edwards' criminal case may hold a hearing to ensure one of Edwards' lawyers can represent him conflict-free.
Edwards is facing a six-count federal indictment. Justice Department prosecutors say that he received more than $900,000 in illegal campaign contributions from two wealthy donors. At issue for his lawyer, Abbe Lowell, is that while the case was under investigation, Lowell represented one of the contributor's widow, as well as Edwards' former campaign pollster. |
The Blog of Legal Times has more
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| Metro law department lawyer jumps onto list |
| Doug Sloan, a senior attorney with the Nashville Metro Law Department, said today that he plans to run for the judgeship that opened up Friday with the death of Davidson County
General Sessions Judge Leon Ruben.
On Friday it was reported that
Vice Mayor Diane Neighbors will announce the vacancy at the Metro Council's Oct. 18 meeting. Nominations then go to the Nashville Bar Association, which will conduct a poll among its members. Cooper said the council would likely vote on Ruben's replacement by the second council meeting in November. |
The Tennessean talks to Sloan
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| Celebrate Pro Bono |
| Volunteers needed for Tullahoma event |
| The Legal Aid Society of Middle Tennessee and the Cumberlands will offer a free advice clinic organized by its Tullahoma office in Tullahoma on Oct. 29. Attorneys who can help please contact Pro Bono Coordinator Jack Giddens at jgiddens@las.org, or at 931-455-7000, extention 24.
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Download the event flyer
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| Legal advice clinic Tuesday in Nashville |
| The Legal Aid Society of Middle Tennessee and the Cumberlands and the Nashville Pro Bono Program will host a legal advice clinic at the Legal Aid Society, 300 Deaderick St., in Nashville on Oct. 11. Clients must arrive by 4:30 p.m. Contact Lucinda Smith at 615-780-7127 or lsmith@las.org. |
See a full schedule of Celebrate Pro Bono Month events
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| Upcoming |
| Law admissions workshop, recruitment fair in Memphis |
| The University of Memphis School of Law's admissions department will be hosting a Law Admissions Workshop and Recruitment Fair on Oct. 25 from 6 to 8 p.m. Representatives from 12 schools will be available to talk to interested students. For more information contact lawadmissions@memphis.edu.
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| TBA Member Services |
| Secure, compliant data backup now available |
| The TBA's official data protection, backup and recovery vendor of choice, i365, offers secure online backup solutions. i365 minimizes downtime by backing up files quickly and easily, and helps lawyers remain compliant by maintaining file integrity. Get i365 and be confident your data is securely stored and protected. TBA members enjoy a 10 percent savings on all services. For more information on this member benefit Denise Lucas at (407) 523-9774. |
Learn why lawyers trust i365 for online data backup solutions
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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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