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| Friday, October 14, 2011 |
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McCormick hopes to lead on judicial amendment
Tennessee House Majority Leader Rep. Gerald McCormick, R-Chattanooga, said at a Chattanooga Rotary meeting yesterday that Tennessee's constitution should be amended so that high-level judges can be appointed rather than elected, and that he hopes to "lead the effort for a constitutional amendment to change that." Noting that legislators made some progress on the issue during this year's session, McCormick said a great deal more work remains to be done. The remarks came during comments on a wide range of legislative issues.
Read more on Chattanoogan.com
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TODAY'S OPINIONS
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JACQUELINE G. FURLONG v. KEVIN KEANE FURLONG
Court: TCA
Attorneys:
Lisa A. White, Knoxville, Tennessee, for the appellant, Kevin Keane Furlong.
Jane Kopp Morris, Knoxville, Tennessee, and W. Lewis Jenkins, Jr., Dyersburg, Tennessee, for the appellee, Jacqueline G. Furlong.
Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Associate Soliciter General; and Warren Jasper, Senior Counsel, General Civil Division, Office of the Attorney
General, all of Nashville, Tennessee, for the appellee, State of Tennessee.
Judge: SUSANO
Kevin Keane Furlong ("Husband") is the estranged husband of Jacqueline G. Furlong ("Wife"). Wife secured an order of protection in Sevier County that generally prohibits Husband from committing any untoward act against Wife and having any contact with her. As later amended in the Knox County Circuit Court ("the trial court"), the order also states that Husband could come to the marital residence to repair Wife's automobile. In addition, the court identified two dated time periods, and, with respect to each period, specified which
of the parties would have the use of the "inside" of the marital home and when they would have that use, and which would have the use of the "outside," i.e., presumably the parties' realty surrounding the house, and when. When Husband came to the residence to repair Wife's automobile at 7:10 p.m., which, according to the order of protection, was arguably ten minutes beyond the time within which the vehicle was to be repaired, Wife filed a motion asking that he be held in contempt for not repairing the vehicle and for coming about her outside the allowed time frame. The trial court held Husband in criminal contempt, sentenced him to ten days in jail, and extended the order of protection for five years. He was not to be released from jail unless and until he complied with a statute requiring him to post a bond in the minimum amount of $2,500. He served his sentence and obtained a stay of the bond requirement pending appeal. Husband appeals challenging the finding of contempt as well as the constitutionality of the statutory bond requirement. The Tennessee Attorney General made an appearance on appeal to support the constitutionality of the statute. We reverse, in its entirety, the last order of protection and judgment of criminal contempt entered
by the trial court on November 23, 2010. It is held for naught. In view of our reversal, we do not find it necessary or appropriate to reach the constitutional issues.
http://www.tba2.org/tba_files/TCA/2011/furlongj_101411.pdf
BARBARA A. LYNCH, deceased, by her sister and next of kin, CELINE HAYES, and CELINE HAYES as an individual, v. LOUDON COUNTY, TENNESSEE, et al.
Court: TCA
Attorneys:
Joseph R. Ford and Ashley Harrison Shudan, Loudon, Tennessee, for the appellants, Barbara A. Lynch, deceased, by her sister and next of kin, Celine Hayes.
Arthur F. Knight, III., Knoxville, Tennessee, for the appellees, Loudon County, Tennessee and Bryan Blakney.
In this wrongful death action, plaintiff alleged that deceased was involved in a one car accident and the investigating officer, after her car was removed from the guardrail by the wrecker, allowed her to continue driving when he knew or should have known that she was
impaired and was a danger to herself, and he violated his duties to her and shortly thereafter she had yet another one-vehicle accident which resulted in her death. The Trial Court, responding to defendants' motion for summary judgment, found that the public duty doctrine applied and if the officer did undertake to protect deceased, she did not rely upon his undertaking. He granted defendants summary judgment. On appeal, we hold that under the public duty doctrine, plaintiff owed no specific duty to deceased, unless he undertook to assume such duty. We hold that there is disputed material evidence as to whether he assumed such duty to deceased but discontinued his aid and protection to deceased which left her in a worse position than she was before he intervened. We reverse the summary judgment and
remand for further proceedings consistent with this Opinion.
http://www.tba2.org/tba_files/TCA/2011/lynchb_101411.pdf
STATE OF TENNESSEE v. SHAWN MERRITT
Court: TCCA
Attorneys:
Shawn Merritt, Whiteville, Tennessee, pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; and D. Michael Dunavant, District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
The petitioner, Shawn Merritt, appeals from the trial court's dismissal of his pro se petition to set aside his guilty pleas. In this appeal, the petitioner asserts that he should be permitted to withdraw his guilty pleas because the trial court failed to inform him of the lifetime supervision requirement attending his convictions of rape of a child, rendering his pleas
involuntary. Discerning no error, we affirm.
http://www.tba2.org/tba_files/TCCA/2011/merritts_101411.pdf
STATE OF TENNESSEE v. CHRISTOPHER LEE PETTIGREW
Court: TCCA
Attorneys:
Christopher Lee Pettigrew, Henning, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General, for the Appellee, State of Tennessee.
Judge: WILLIAMS
The Petitioner, Christopher Lee Pettigrew, appeals the Circuit Court of Hardeman County's denial of his motion to reduce his sentence. The State has filed a motion requesting that this Court affirm the trial court's denial pursuant to Rule 20 of the Rules of the Court of Criminal
Appeals. Following our review, we grant the State's motion and affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/pettigrewc_101411.pdf
IN RE: GUY S. DAVIS, BPR 013764
Court: TSC-Disciplinary_Order
Judge: KOCH
Suspension
http://www.tba2.org/tba_files/TSC/2011/davisg_101411.pdf
IN RE: TIMOTHY DARNELL FLOWERS, BPR 019382
Court: TSC-Disciplinary_Order
Judge: KOCH
Suspension
http://www.tba2.org/tba_files/TSC/2011/flowerst_101411.pdf
IN RE: DONALD SUTHERLAND HOLM III, BPR 012336
Court: TSC-Disciplinary_Order
Judge: KOCH
Suspension
http://www.tba2.org/tba_files/TSC/2011/holmd_101411.pdf
IN RE: DANA L. NERO, BPR 025042
Court: TSC-Disciplinary_Order
Judge: KOCH
Suspension
http://www.tba2.org/tba_files/TSC/2011/nerod_101411.pdf
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| TODAY'S NEWS |
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Legal News
Celebrate Pro Bono
Career Opportunities
Disciplinary Actions
TBA Member Services
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| Legal News |
| Appeal court blocks portion of Ala. immigration law |
| The 11th U.S. Circuit Court of Appeals issued a ruling today that temporarily blocks parts of an Alabama law requiring schools to check the immigration status of students and making it a crime for immigrants to not have proper documentation. The decision let stand a provision that allows police to detain immigrants that are suspected of being in the country illegally. The court imposed the stay while opponents of the law pursue an appeal.
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The Times Free Press has more
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| Shelby DA investigating tax collection scheme |
| The Shelby County District Attorney's Office is investigating whether an employee of a Texas-based law firm that collects taxes for the city of Memphis misappropriated thousands of dollars by depositing checks into a personal account. According to city officials, an employee at Linebarger, Goggan, Blair & Sampson convinced at least one elderly Memphis couple to write checks to him personally rather than to the city. Linebarger officials have said that they are "cooperating with investigative authorities in every way."
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The Commercial Appeal reports
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| Blackwood hears testimony on Baumgartner impact |
| Judge Jon Kerry Blackwood heard testimony this morning on motions regarding former criminal court judge Richard Baumgartner's impact on cases he oversaw. The morning began with Blackwood granting additional time for one defendant to file an amendment to her motion for a new trial. Next, he heard testimony regarding the state's wish to call Susan Jones, Baumgartner's capital case adviser during various trials, to testify. Jones' attorney argued the subpoena should be quashed, saying Jones acted as an attorney for Baumgartner and should be excused from testifying because of attorney-client privilege.
Learn more from WBIR.
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Read about the state's desire to call Jones in the News Sentinel
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| Adams and Reese receives diversity award |
| The law firm of Adams and Reese was one of four national companies that received the Corporate Counsel Women of Color's inaugural Diversity Award of Excellence. The award recognizes the firm's diversity initiatives and its commitment to diversity and the advancement of women attorneys of color. The award was presented at the Seventh Annual Career Strategies Conference in Beverly Hills, Calif., last week. The counsel is an international organization of women of color attorneys who work primarily for Fortune 1000 and Forbes 2000 companies, and work to foster diversity in the legal profession.
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Read more about the award
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| Memphis Law rated in top 10 for quality of life |
| The quality of life at the University of Memphis School of Law has been ranked seventh in the nation by The Princeton Review. That puts the school in the top 10 with law schools such as Duke, Virginia, Stanford and Vanderbilt. The designation is based on currently enrolled students' answers to questions ranging from whether there is a strong sense of community at the school to how aesthetically pleasing the campus is.
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Read more from the school
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| Chattanooga lawyers mark voting rights case |
| An event in Chattanooga yesterday commemorated the landmark voting rights case Brown v. Board of Commissioners of the City of Chattanooga, in which the U.S. District Court for the Eastern District of Tennessee found the city charter to be in violation of the Voting Rights Act of 1965. Participants in the program included Dr. Tommie Brown (the first named plaintiff in the case), plaintiffs' attorney and now Judge Richard Dinkins, Senior Judge R. Allan Edgar (who heard the case) and Chief Judge Curtis Collier. The event was sponsored by the U.S. District Court Historical Society for the Eastern Division, Federal Bar Association Chattanooga Chapter, Chattanooga Bar Association, Chattanooga Bar Foundation, the Justices Ray L. Brock Jr.-Robert E. Cooper American Inn of Court, and the Hamilton County Chapter of the University of Tennessee Alumni Association. |
Read about the event in today's Times Free Press
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| Celebrate Pro Bono |
| Public education session focuses on tenant law |
| On Tuesday, Oct. 18, Legal Aid of East Tennessee will host a community program on the topic of "Landlord and Tenant Law." Lawyers Emily O'Donnell and Emily Lay will be on hand to provide general information and answer questions. The event will take place at the agency's Chattanooga office located at 535 Chestnut St., Ste. 360. Contact Charlie McDaniel at (423) 756-4013 or cmcdaniel@laet.org for more information. |
See a list of all events across the state
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| Career Opportunities |
| Dyersburg firms seeks new associate |
| An established general practice law firm in Dyersburg, with an emphasis on business, municipal corporations, employment and wills and estates, seeks an industrious associate with up to three years experience. Competitive salary based on experience and ability. Reply in confidence to John M. Lannom, PO Box 1729, 422 McGaughey Ave., Dyersburg 38024 or to lanfirm@ecsis.net.
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Learn more on Joblink
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| Disciplinary Actions |
| Lake County lawyer suspended |
| On Oct. 10, the Tennessee Supreme Court summarily and temporarily suspended Lake County lawyer Guy S. Davis after finding he was in substantial noncompliance with his Tennessee Lawyers Assistance Program monitoring agreement. |
Download the court order
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| Memphis lawyer suspended |
| On Oct. 10, Memphis lawyer Timothy Darnell Flowers was suspended for five years, however the court allowed him to serve two of the years on probation so long as he engages a practice monitor during that time. The court also ordered that the suspension should run concurrently with previous suspensions imposed, and that Flowers must pay restitution to former clients. The discipline was imposed for failure to communicate with clients and failure to exercise reasonable diligence.
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Download the BPR's notice
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| Shelby County lawyer suspended |
| On Oct. 10, Shelby County lawyer Donald Sutherland Holm III was suspended for six months for practicing law while his law license was administratively suspended. Holm submitted a conditional guilty plea, which was approved by the state Supreme Court. |
Download the BPR press release
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| Nashville lawyer suspended |
| On Oct. 10, the Supreme Court summarily and temporarily suspended Nashville lawyer Dana L. Nero from the practice of law after finding she was in substantial noncompliance with her Tennessee Lawyers Assistance Program monitoring agreement.
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Read the BPR notice
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| TBA Member Services |
| First Tennessee is TBA's preferred provider |
| First Tennessee has crafted a package of discounts to meet the specific needs of Tennessee Bar Association members. |
Find savings on merchant credit services, checking and savings, financial planning and more
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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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