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| Thursday, October 20, 2011 |
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Judge Donald sworn in today
U.S. District Court Judge Bernice B. Donald was sworn in today as the newest judge on the U.S. Court of Appeals for the Sixth Circuit. The ceremony took place at the Cannon Center for the Performing Arts in Memphis. Fellow Tennessean and 6th Circuit Court Judge Martha Craig "Cissy" Daughtrey administered the oath of office to Donald, while 6th Circuit Judge Danny Boggs of Kentucky sat as presiding judge.
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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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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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IN THE MATTER OF: ELIZABETH N. M. ET AL.
Court: TCA
Attorneys:
Trisha A. Bohlen, Bell Buckle, Tennessee, for the appellant, Ethel M. S.
Robert E. Cooper, Jr., Attorney General and Reporter, and Marcie E. Greene, Assistant Attorney General, for the appellee, State of Tennessee, Department of Children's Services.
Judge: CLEMENT
The mother of two minor children appeals the termination of her parental rights. She contends the evidence did not clearly and convincingly establish a statutory ground supporting termination of her rights or that termination was in the children's best interests. We have determined that the evidence clearly and convincingly supports the trial court's
findings and, thus, affirm the trial court in all respects.
http://www.tba2.org/tba_files/TCA/2011/ebethnm_102011.pdf
ELIZABETH A. (HAYES) (FALIN) FINCH v. TIMOTHY A. HAYES
Court: TCA
Attorneys:
James F. Taylor, Rogersville, Tennessee, for the appellant, Elizabeth A. (Hayes) (Falin) Finch.
Roger A. Woolsey, Greeneville, Tennessee, for the appellee, Timothy A. Hayes.
Judge: MCCLARTY
In this post-divorce change of custody case, Elizabeth A. (Hayes) (Falin) Finch ("Mother") and Timothy A. Hayes ("Father") sought to modify their parenting plan regarding their daughter ("the Child"), who was born on July 13, 2000. At the time of the divorce, the parties designated Mother as the primary residential parent and provided Father with
regularly scheduled visitation. Following a hearing in response to the parties' motions for modification, the court designated Father as the primary residential parent and awarded
Mother co-parenting time. Mother appeals. We affirm the decision of the trial court.
http://www.tba2.org/tba_files/TCA/2011/finche_102011.pdf
STATE OF TENNESSEE v. RODREIGORS JEFFERSON
Court: TCCA
Attorneys:
James P. DeRossitt IV (on appeal) and Gregg Carman (at trial), Memphis, Tennessee, for the appellant, Rodreigors Jefferson.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William L. Gibbons, District Attorney General; and Jennifer S. Nichols, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: BIVENS
A Shelby County jury convicted Rodreigors Jefferson ("the Defendant") of aggravated robbery. He was sentenced to eighteen years, six months. On appeal, the Defendant argues
that the trial court erred in admitting certain evidence, that the evidence was insufficient to sustain his conviction, and that the trial court erred in applying a sentencing enhancement factor. Following a careful review, we affirm the Defendant's conviction and sentence.
http://www.tba2.org/tba_files/TCCA/2011/jeffersonr_102011.pdf
STATE OF TENNESSEE v. TIFFANY NICOLE NANCE
Court: TCCA
Attorneys:
Joshua D. Hedrick, Knoxville, Tennessee, for the Appellant, Tiffany Nicole Nance.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Keith Irvine, Assistant District
Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
The Defendant, Tiffany Nicole Nance, pled guilty to theft of property valued under $500, with an agreed sentence of eleven months and twenty-nine days to be served on probation. A probation violation warrant was issued, and, after a hearing, the trial court revoked the Defendant's probation, finding that she had violated the terms of her probation. The court ordered her to serve sixty days of her sentence in confinement, followed by a reinstatement
of her probation. On appeal, the Defendant contends the evidence is insufficient to sustain the trial court's revocation of her probation. 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/nancet_102011.pdf
STATE OF TENNESSEE v. DAVIS BRADLEY WALDROUP, JR.
Court: TCCA
Attorneys:
Shari Tayloe Young, Cleveland, Tennesse, for the appellant, Davis Bradley Waldroup, Jr..
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Steven Bebb, District Attorney General, and Drew Robinson, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
The Polk County Grand Jury indicted Appellant, Davis Bradley Waldroup, Jr.,for two counts of especially aggravated kidnapping, one count of first degree murder, and one count of attempted first degree murder. These charges stemmed from an altercation Appellant had with his wife and her best friend at his trailer on Kimsey Mountain. A jury convicted
Appellant of one count each of aggravated kidnapping, especially aggravated kidnapping, voluntary manslaughter, and attempted second degree murder. The trial court sentenced Appellant to an effective sentence of thirty-two years. On appeal, Appellant argues that the evidence was insufficient to support his conviction of aggravated kidnapping, that the trial court erred in denying his motion for change of venue, erred in allowing the introduction into
evidence of a photograph of one of the victim's injuries, and erred in denying his motion for judgment of acquittal. After a thorough review of the record on appeal, we affirm the
judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/waldroupd_102011.pdf
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| TODAY'S NEWS |
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Legal News
General Assembly News
Congressional News
Celebrate Pro Bono
Upcoming
TBA Member Services
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| Legal News |
| Belmont faculty sign letter aimed at Gonzales |
| Forty-five Belmont University faculty and staff have signed an open letter stating their opposition to torture and the death penalty, and in support of constitutional rights -- a move that is likely motivated by the university's decision to hire former U.S. attorney general Alberto Gonzales as part of its law school faculty. While the letter does not mention Gonzales by name, the issues raised have dogged former members of the Bush Administration who supported enhanced interrogation techniques for alleged terrorists. The signatories pledge to "support opportunities to discuss the issues."
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The Nashville City Paper reports
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| Report suggests changes to ensure judicial continuity |
A new report from experts on government continuity suggests that a terrorist attack resulting in the death of four or more Supreme Court justices would significantly hamper the ability of the federal judiciary to carry out its work, and would impact other governmental continuity issues such as questions of presidential succession. The report makes several recommendations, including the creation of an emergency court that would function only until the Supreme Court has a minimum of six justices to hear and decide cases. It also calls for enhanced authority for the president to appoint new justices, or even an entire court, without congressional approval.
Download the report
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Read more from the AP on TriCities.com
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| Prosecutor develops jury app |
| When Hamilton County assistant district attorney Boyd Patterson finds a free moment, he buries himself in his new mobile startup, Litigator Technology. His most recent product is JuryStar, an application for the iPad that organizes jury selection questions, stores biographical information and even keeps track of who's sitting where in the courtroom. Read more about Patterson's approach to technology in this article about the explosion of individual entrepreneurs creating a wide range of apps.
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The Times Free Press has the story
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| Office helps parents navigate juvenile court |
| The Commercial Appeal profiles the Shelby County Juvenile Court's Office of the Advocate for Noncustodial Parents in today's paper. The office, an innovative service devised by Juvenile Court Judge Curtis S. Person five years ago, provides guidance, counsel and direction to parents who come to court for child support and other civil matters, but don't have an attorney. According to Person, the Administrative Office of the Courts has expressed interest in replicating the program across the state. In this news story, lawyers with the office explain their mission and the services offered.
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Learn more here
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| Authorities feared gunfight in courthouse plot |
| Darren Wesley Huff is in court this week on federal charges of ferrying guns and ammunition across state lines with the intent to commit civil disorder -- namely taking over the Monroe County Courthouse. During testimony, local authorities revealed they feared a gunfight would ensue if they tried to stop the plot, and that their decision to allow Huff the chance to carry out his stated mission was a tactical one designed to avoid a fatal showdown.
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Read more in the News Sentinel
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| Professor receives public defender award |
| University of Tennessee College of Law Adjunct Professor Mark Stephens, who is a long-time trial practice instructor and a member of the Knox County Community Law Office was recently awarded the Stephen. B. Bright Public Defender Award from the Southern Public Defender Training Center. The award honors an individual who has helped the center carry out is mission to raise the standard of representation of the poor in the South.
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The law school has more on its site
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| Chattanooga lawyer takes on UTC leadership post |
| Chattanooga attorney Scott LeRoy hasn't been a student at the University of Tennessee at Chattanooga for more than a few years, but he's enjoying the college experience anew as the new president of the school's alumni board. The Times Free Press interviews LeRoy and explores his commitment to the school and the community. |
Read the full interview now
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| General Assembly News |
| Article profiles Beavers' role on judicial panel |
| State Sen. Mae Beavers, R-Mt. Juliet, has made headlines recently in her role as co-chair of a joint legislative panel on the Court of the Judiciary. The Memphis Daily News profiles Beavers and explores her motivation for pursuing changes to the system.
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Read it here
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| Congressional News |
| Lawmakers unveil bill to protect older instruments |
| U.S. Reps. Jim Cooper, D-Nashville, and Marsha Blackburn, R-Brentwood, planned to unveil a proposal today to amend federal environmental law in response to recent raids on Nashville-based Gibson Guitar, which is under investigation for allegedly violating the law by illegally importing endangered species of woods. The proposal reportedly will protect musicians whose older instruments were built from woods that are now considered endangered and illegal to import and those who "unknowingly" violate the law.
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Read more from the Tennessean
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| Celebrate Pro Bono |
| Free clinic for Spanish-speaking clients set for Friday |
| The Nashville Pro Bono Program and Catholic Charities will hold a legal advice clinic for Spanish-speaking clients on Friday at Our Lady of Guadalupe Church beginning at 2 p.m. Clients must make an appointment. For more information, contact Lucinda Smith at (615) 780-7127 or lsmith@las.org.
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See a full schedule of Celebrate Pro Bono Month events
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| Upcoming |
| Federalist Society hosts program on Gibson case |
| The Memphis Lawyers' Chapter and University of Memphis Law Student Chapter of the Federalist Society will present "The Federalization of Crime: A Look at the Case of Gibson Guitar and Beyond" with Professor John S. Baker Jr. on Oct. 25 from 11:45 a.m. to 1 p.m. at The University of
Memphis School of Law. The event is free and open to the public. To register, contact Greg Grisham at (901) 312-9413 or at greg.grisham@leitnerfirm.com.
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| TBA Member Services |
| CompuPay offers deals for TBA members |
| CompuPay is proud to serve as the official payroll services provider for the Tennessee Bar Association. To serve Tennessee attorneys the company is offering two months of free payroll processing for all TBA members and waiving set up fees for members with up to 99 employees. |
Learn more about CompuPay's benefits
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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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