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| Monday, October 17, 2011 |
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Todd to give up powerful committee post
State Rep. Curry Todd is stepping down as chair of the powerful House State and Local Government Committee following his arrest on drunken driving and gun charges last week.
Todd, a Collierville Republican, was arrested last week in Nashville after failing a roadside sobriety test and refusing to take a breath test.
Read more from the Tennessean
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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
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02 - TN Attorney General Opinions
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00 - Formal Ethics Opinions - BPR
04 - TN Supreme Court - Disciplinary Orders
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2011/certlist_101711.pdf
STATE OF TENNESSEE v. CHRISTOPHER LEE DAVIS
Court: TSC
Attorneys:
Comer L. Donnell, District Public Defender, William K. Cather, Assistant District Public Defender, Lebanon, Tennessee, for the appellant, Christopher Lee Davis.
Robert E. Cooper, Jr., Attorney General and Reporter; Gordon W. Smith, Associate Solicitor General; Benjamin A. Ball, Assistant Attorney General, Tom P. Thompson, District Attorney General; Jason L. Lawson, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: LEE
The defendant was convicted of aggravated robbery, carjacking, attempt to commit especially aggravated kidnapping, and attempt to commit first degree murder. At issue is the legality of the stop of a vehicle in which the defendant was a passenger, and whether the evidence
is sufficient to support the defendant's conviction for attempt to commit first degree murder. We conclude that reasonable suspicion existed to permit the officers to conduct a
brief investigatory stop of the car in which the defendant was a passenger. Further, we find there was sufficient evidence for the jury to conclude that the defendant and his fellow
perpetrator planned and intended to kill the victim, and that the defendant's conduct, considered in light of the totality of the circumstances, constituted a substantial step sufficient to support a conviction for attempted murder. The judgment of the Court of Criminal Appeals is affirmed.
http://www.tba2.org/tba_files/TSC/2011/davisc_101711.pdf
RONDAL AKERS, ET AL. v. PRIME SUCCESSION OF TENNESSEE, INC., ET AL.
Court: TCA
Attorneys:
Stuart F. James, Chattanooga, Tennessee, for the appellant, T. Ray Brent Marsh.
William J. Brown, Cleveland, Tennessee, for the appellees, Rondal Akers and Lucinda Akers.
Judge: SWINEY
This case is before us for the second time on appeal. In our first Opinion, Akers v. Buckner-Rush Enterprises, Inc., we held, inter alia, that Rondal D. Akers, Jr. and Lucinda Akers had standing to pursue their claims against T. Ray Brent Marsh; Marsh's former business, Tri-State Crematory ("Tri-State"); and Buckner-Rush Enterprises, Inc. Akers v. Buckner-Rush Enterprises, Inc., 270 S.W.3d 67, 73-75 (Tenn. Ct. App. 2007). We remanded the case for trial. The Trial Court entered judgment upon the jury's verdict finding that Marsh had intentionally inflicted emotional distress upon the Akers, that Marsh had violated the Tennessee Consumer Protection Act, and that Marsh had violated a bailment responsibility to the Akers. The jury awarded Dr. Akers $275,000 in damages and Mrs. Akers $475,000 in damages. Marsh filed a motion for new trial or for judgment notwithstanding the verdict. After a hearing, the Trial Court granted Marsh a partial judgment notwithstanding the verdict
reversing the judgment for the claims under the Tennessee Consumer Protection Act and bailment, and denied Marsh's motion as to the remaining claims. Marsh appeals to this
Court. The Akers raise an issue on appeal regarding whether the Trial Court erred in granting judgment notwithstanding the verdict and dismissing their claims under the Tennessee Consumer Protection Act and bailment. We affirm the judgment in its entirety.
http://www.tba2.org/tba_files/TCA/2011/akersr_101711.pdf
STATE OF TENNESSEE ex rel. BETTYE GROOMS, ET AL. v. THE CITY OF NEWPORT, TENNESSEE
Court: TCA
Attorneys:
David L. Buuck, Knoxville, Tennessee, for the appellants, Bettye Grooms, Edna Bush, John Clark, Clayton Owenby, Charles Edmonds, Donnie Miller, Kathy Miller, A. R. Kyker,
Tennessee Tobacco Sales, Inc., Kevin Wilder, Jimmy Miller, Jimmy Fox, Nora Freshour, Arlie C. Mason, Patty Jenkins, and Elizabeth Dewey Strange.
Charlton R. Devault, Jr., Kingsport, Tennessee, and Terry Hurst, Newport, Tennessee, for the appellee, the City of Newport, Tennessee.
Judge: SWINEY
The City of Newport ("Newport") sought to annex certain properties in Cocke County. A number of affected parties ("the Plaintiffs") objected to the annexation and filed a complaint against Newport in the Chancery Court for Cocke County ("the Trial Court"). The Trial Court held that the Plaintiffs had failed to carry their burden of proving that the annexation was unreasonable or that the health, safety and welfare of the relevant citizens would not be materially retarded without the annexation. The Plaintiffs then sought to amend their complaint to allege that Newport was barred from annexation because of Newport's allegedly having defaulted on a prior plan of services from an earlier annexation. The Trial Court denied the Plaintiffs' motion to amend on the basis, in part, that the issue was not timely
raised, pled, or tried. The Plaintiffs appeal. We affirm the judgment of the Trial Court.
http://www.tba2.org/tba_files/TCA/2011/groomsb_101711.pdf
ANTHONY M. COLLIER v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Daniel Lyn Graves, II, Murfreesboro, Tennessee for the Defendant-Appellant, Anthony Collier.
Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
The petitioner, Anthony M. Collier, appeals the denial of post-conviction relief by the Criminal Court of Davidson County. He pled guilty to nine counts of aggravated robbery,
a Class B felony, three counts of attempted aggravated robbery, a Class C felony, and one count of rape, a Class B felony. Pursuant to his plea agreement, the petitioner received an effective sentence of twenty-seven years in the Tennessee Department of Correction. On appeal, the petitioner claims that (1) he received ineffective assistance of counsel based on trial counsel's failure to request a mental health evaluation; and (2) his guilty pleas were not entered knowingly and voluntarily. Upon review, we affirm the denial of post-conviction relief.
http://www.tba2.org/tba_files/TCCA/2011/colliera_101711.pdf
STATE OF TENNESSEE v. DAVID DUGGAN
Court: TCCA
Attorneys:
Joseph V. Hoffer, Cleveland, Tennessee, for the Appellant, David Duggan.
Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Steven Bebb, District Attorney General; and Stephen Hatchett, Assistant District
Attorney, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
A Bradley County jury convicted the Defendant, David Duggan, of facilitation to commit theft of property valued between $1000 and $10,000, facilitation of fraudulent alteration of a manufacturer's identification number, and facilitation of identity theft, and the trial court sentenced the Defendant to an effective sentence of five years in the Tennessee Department of Correction. The Defendant appeals his convictions, claiming that the trial court erred when it: (1) denied the Defendant's motion in limine to exclude the use of the Defendant's prior convictions during trial; (2) denied the Defendant's motion for acquittal; and (3) denied
the Defendant a new trial based upon the State's improper closing argument. After a thorough review of the record and applicable law, we affirm the trial court's judgments. Based upon a clerical error on one of the judgments of conviction, as will be discussed below, we remand this case to the trial court to amend the judgment of conviction form to reflect the proper statute section for the Defendant's conviction for facilitation of fraudulent alteration of a manufacturer's identification number.
http://www.tba2.org/tba_files/TCCA/2011/duggand_101711.pdf
STATE OF TENNESSEE v. MICHAEL LEWIS
Court: TCCA
Attorneys:
Keith H. Grant, Chattanooga, Tennessee, for the appellant, Michael Lewis.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; J. Michael Taylor, District Attorney General; and James W. Pope, III, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
Appellant, Michael Lewis, was indicted by the Bledsoe County Grand Jury for child abuse. Appellant waived his right to counsel and represented himself at trial. He was convicted and sentenced to three years in incarceration. Appellant filed a motion for new trial, which was granted by the trial court. The State filed an application for permission to appeal pursuant to Tennessee Rule of Appellate Procedure 9 and an application for stay. This Court granted the appeal and found that the trial court improperly granted the new trial, reinstating Appellant's convictions and sentence. State v. Michael Lewis, No. E2008-02141-CCA-R9-CD, 2009 WL 4017158 (Tenn. Crim. App., at Knoxville, Nov. 20, 2009). On remand, the trial court denied the motion for new trial. Appellant appeals to this Court, seeking resolution of the following issues: (1) whether the indictment was valid; (2) whether the
verdict form was invalid; (3) whether the trial court improperly instructed the jury; (4) whether the trial court improperly allowed testimony from Tonya Hickman and Rhonda Sills about statements made by the victim; (5) whether the trial court improperly excluded the testimony of Appellant's children at the sentencing hearing; and (6) whether the trial court improperly sentenced Appellant. After a review of the record, we determine that Appellant is not entitled to relief with respect to issues 1-5. However, we determine that the trial court improperly ordered Appellant to serve his sentence consecutively to a sentence for civil
contempt. Accordingly, the matter is remanded to the trial court for entry of a corrected judgment to reflect that Appellant's sentence is to be served concurrently to his sentence for civil contempt. In all other respects, the judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2011/lewism_101711.pdf
STATE OF TENNESSEE v. TERRI L. NEWSOME
Court: TCCA
Attorneys:
Steven M. Garner, Franklin, Tennessee, for the appellant, Terri L. Newsome.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Kim R. Helper, District Attorney General; and Derek K. Smith, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, Terri L. Newsome, was convicted by a Williamson County Circuit Court jury of theft of property under $500, a Class A misdemeanor. See T.C.A. sections 39-14-103, -105 (2010). She was sentenced as a Range I, standard offender to eleven months, twenty-nine days, with ninety days' confinement and the remainder on supervised probation. On appeal, the Defendant contends that the evidence was insufficient to support her conviction. We
affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/newsomet_101711.pdf
Jury Duty Travel Compensation
TN Attorney General Opinions
Date: 2011-10-17
Opinion Number: 11-72
http://www.tba2.org/tba_files/AG/2011/ag_11_72.pdf
Dedicated Education Fund
TN Attorney General Opinions
Date: 2011-10-17
Opinion Number: 11-73
http://www.tba2.org/tba_files/AG/2011/ag_11_73.pdf
JOHN EDWARD DUNLAP, BPR 013223
Court: TSC-Disciplinary_Order
Judge: KOCH
Censure
http://www.tba2.org/tba_files/TSC/2011/dunlapj_101711.pdf
IN RE: VANN F. LEONARD, BPR 027023
Court: TSC-Disciplinary_Order
Judge: KOCH
Notification requesting information why discipline from another jurisdiction should not be applied in Tennessee.
http://www.tba2.org/tba_files/TSC/2011/Leonard_101711.pdf
VENITA M. MARTIN, BPR 017469
Court: TSC-Disciplinary_Order
Judge: KOCH
Censure
http://www.tba2.org/tba_files/TSC/2011/martinv_101711.pdf
WILLIAM T. WINCHESTER, BPR 021282
Court: TSC-Disciplinary_Order
Judge: KOCH
Order directing the Board of Professional Responsibility to
respond to a request that a previous suspension and censure be vacated.
http://www.tba2.org/tba_files/TSC/2011/Winchester_101711.pdf
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| TODAY'S NEWS |
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Legal News
Celebrate Pro Bono
Upcoming
Disciplinary Actions
TBA Member Services
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| Legal News |
| Bar Foundation gives $50k in grants, inducts fellows |
| At its annual Fellows reception on Oct. 5, the Memphis Bar Foundation awarded grants of almost $50,000 to eight non-profit organizations and inducted 35 new fellows. At the event, the Irvin Bogatin Social Justice Award was presented to Danielle McCollum, a recent graduate of the University of Memphis Cecil C. Humphreys School of Law. Claude Gatebuke, a first-year law student, received the Bogatin Scholarship. |
See the list of grant recipients and new fellows
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| Wilder investigated just once in 36-years in Senate |
| The late John Wilder, who was lt. governor of Tennessee from 1971 until 2007, was only investigated once by the FBI, files show.
The Associated Press obtained Wilder's FBI file through a Freedom of Information Act request filed after he died in January 2010 at age 88.
The entire 1,047-page file is from a single 1977 investigation.
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Learn more about it from WSMV
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| Reenactment of Battle of Franklin draws thousands |
| On Sunday about 500 people re-created
the Battle of Franklin in front of more than 5,000 spectators.
Lebanon lawyer Byron Davis was one of the participants, portraying a judge advocate, who would have handled soldier disputes or drawn up wills. |
Learn more about it from the Tennessean
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| King memorial dedicated |
| The $120 million memorial to Martin Luther King Jr. was dedicated Sunday on the National Mall in Washington, after a six-week weather delay. It was supposed to have been Aug. 28, the anniversary of the 1963 March on Washington and King's "I Have a Dream" speech.
"This reminds me of the March on Washington 40 years ago," said Democratic Rep. John Lewis of Georgia, the only surviving key organizer of that 1963 march. "It's almost like a holy day.' |
The Tennessean has this story
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| Withers' file release stalled by DOJ |
| Justice Department lawyers in Washington have asked a federal judge to grant an after-deadline motion to bolster efforts to block release of civil rights photographer Ernest Withers' FBI informant file.
A pleading filed late Friday asks U.S. District Judge Amy Berman Jackson for "leave to file (a) post-argument memorandum" opposing The Commercial Appeal's bid to review Withers' file.
The newspaper filed suit last year for access to the file, and lawyers for both parties made oral arguments Oct. 4. Lawyers for the newspaper argue that Withers, who died in 2007 at age 85, helped the FBI spy on the civil rights movement. |
The Commercial Appeal reports
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| Schools more aware of religious limits after suits |
| Public schools in several middle Tennessee counties are stressing freedom of religion to their teachers in an effort to avoid more law suits on the subject.
Hedy Weinberg, executive director of the ACLU of Tennessee, said the Constitution is clear: School officials can't tell students where or when to pray or whom to pray to.
"This is rampant around the state," she said. "It jeopardizes all of our rights to choose what we believe." |
The Tennessean has the story
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| Celebrate Pro Bono |
| Advance directives program set in Jackson |
| West Tennessee Legal Services, the Jackson-Madison County Bar Association and its Young Lawyers Division will host an Advance Directives outreach on Oct. 18 at 2 p.m. at Wesley Highland, 2692 North Highland Ave., in Jackson. For more information, contact Kathryn Tucker at 731-423-06616 or at kathrynt@wtls.org. |
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| Legal advice clinic in Oak Ridge Tuesday |
| The Legal Aid Society will host a legal advice clinic on Oct. 18 at its Oak Ridge office, 226B Broadway Jackson Square. Clients must make an appointment in advance and arrive by 4:30 p.m. For more appointments and information call Mary Lyn Goodman at 865-483-8454 or email her at mgoodman@tas.org. |
See a full schedule of Celebrate Pro Bono Month events
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| Upcoming |
| Bar association communicators hit Music City |
| Members of the Communications Section of the National Association of Bar Executives converge on Nashville on Tuesday for its fall workshop, hosted this year by the Tennessee Bar Association. Programming includes Nashville Mayor Karl Dean speaking about crisis and recovery after natural disaster; the TBA's own CLE Director Mindy Thomas-Fulks explaining the concept of the "unconference"; and a panel of songwriters who will help the nation's bar editors and media people tap into their creativity.
Other topics covered include social media, design, advertising, writing and marketing. |
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| Disciplinary Actions |
| Shelby County attorney censured |
| Shelby County attorney Venita M. Martin was publicly censured by the Tennessee Supreme Court on Oct. 13, after accepting Martin's conditional guilty plea. |
Read the full court order
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| Shelby County attorney censured |
| Shelby County attorney John Edward Dunlap was publicly censured by the Tennessee Supreme Court on Oct. 13, after accepting Dunlap's conditional guilty plea. |
Read the full court order
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| TBA Member Services |
| New solutions for your insurance needs |
| Working with Graham Swafford III, the TBA Member Insurance Solutions Program is able to provide members with exclusive benefits, personalized service, and pricing discounts for disability income insurance, business overhead expense insurance, life and long-term care insurance with other employee related benefits. TBA Member Insurance Solutions can also provide an objective review of your current health insurance program, evaluate your needs, and recommend the most cost effective solution. |
Learn more about TBA Insurance Solutions 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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