 |
| Friday, October 21, 2011 |
|
| |
| |
3 make short list for Circuit Court vacancy
The Judicial Nominating Commission recommended on Thursday three candidates to Gov. Bill Haslam to fill the Circuit Court vacancy in the 21st Judicial District. The opening was created by the appointment of Circuit Court Judge Jeff Bivins to the Court of Criminal Appeals.
The three candidates are:
-- Michael W. Binkley, partner with
Schell, Binkley and Davies in Franklin;
-- Derek Keith Smith,
deputy district attorney
for the 21st Judicial District,
Franklin; and
-- David Henry Veile, an attorney with
Lowery, Lowery & Cherry PLLC in Franklin.
The governor may now appoint one of these candidates.
Learn more from the Administrative Office of the Courts
|
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.
00 - 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
02 - 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
open them from there. 1) Click the URL at end of each Opinion paragraph below. This should give you the option to
download the original document. If not, you may need to right-click on the URL to get the option to save the file
to your computer. 2) Do a key word search in the Search Link area of TBALink. This option will allow you to view
and save a plain-text version of the opinion.
|
|
|
|
|
|
KENNETH E. DIGGS V. GENETIC PROFILES CORPORATION
Court: TCA
Attorneys:
Kenneth E. Diggs, Memphis, Tennessee, pro se appellant.
Michael Jason Martin, Memphis, Tennessee, for the appellee, Genetic Profiles Corporation.
Judge: PER CURIAM
Appellant failed to timely file his Notice of Appeal. Thus, we dismiss this appeal for lack of jurisdiction.
http://www.tba2.org/tba_files/TCA/2011/diggsk_102111.pdf
CLIFTON A. LAKE and CHARLEEN J. LAKE ET AL. v. THE MEMPHIS LANDSMEN, L.L.C., ET AL.
Court: TCA
Attorneys:
Gary K. Smith and C. Philip M. Campbell, Memphis, Tennessee, for the appellants, Clifton A. Lake and Charleen J. Lake.
James B. Summers, Kirk A. Caraway, and Heather W. Fletcher, Memphis, Tennessee, for the appellee, Budget Rent A Car System, Inc.
Molly M. Glover, Steven N. Snyder, Jr., Aaron R. Parker, and Eric J. Lewellyn, Memphis, Tennessee, for the appellee, Metrotrans Corporation.
Kenneth R. Rudstrom, Memphis, Tennessee, and James E. Singer, Atlanta, Georgia, for the appellee, Memphis Landsmen, L.L.C.
Judge: STAFFORD
This case is before us upon mandate from the Tennessee Supreme Court for reconsideration of our previous opinion, Clifton Lake, et. al. v. Memphis Landsmen, L.L.C., et al., No.W2009-00526-COA-R3-CV, 2010 WL 891867 (Tenn. Ct. App. March 15, 2010), in light of
the United States Supreme Court's decision in Williamson v. Mazda Motor of America, Inc., et al., 131 S. Ct. 1131, 179 L. Ed.2d 75 (2011). Our conclusion, in Lake, that Appellants' claims, based upon the type of glass and the lack of passenger seatbelts, are pre-empted is not disturbed by the Williamson decision because the basis of our holding involved more
than preservation of the manufacturers' ability to choose under the safety regulations. Under the law of the case doctrine, and because further review would exceed the scope of the Tennessee Supreme Court's mandate, we decline to revisit our decision concerning the perimeter seating issue. Reversed and Remanded.
http://www.tba2.org/tba_files/TCA/2011/lakec_102111.pdf
DOLWIN D. CORMIA v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Dolwin D. Cormia, Wartburg, Tennessee, pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Senior Counsel; William H. Cox, III, District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
The Petitioner, Dolwin D. Cormia, filed a petition for writ of error coram nobis alleging that newly discovered evidence-a Naval document diagnosing the Petitioner with "antisocial personality disorder"-mandated a new trial. The Hamilton County Criminal Court summarily dismissed the petition concluding that the Petitioner did not state a cognizable claim for coram nobis relief. For the first time on appeal, the Petitioner alleges that the
coram nobis judge erred by not sua sponte recusing himself based upon the fact that the coram nobis judge "was possibly an Assistant District Attorney and/or the Executive District Attorney" at the time his case was being prosecuted. Following a review of the record, we
conclude that the Petitioner has failed to allege the existence of subsequently or newly discovered evidence that would warrant relief under a writ of error coram nobis. We also find that the Petitioner has failed to support his claim of recusal with sufficient documentation to require reversal. The order of summary dismissal is affirmed.
http://www.tba2.org/tba_files/TCCA/2011/cormiad_102111.pdf
STATE OF TENNESSEE v. ROY A. JAMISON, JR.
Court: TCCA
Attorneys:
Richard W. DeBerry, Camden, Tennessee , for the Appellant, Roy A. Jamison. Jr.
Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Assistant Attorney General; Hansel McCadams, District Attorney General, and Eddie N. McDaniel, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
The Defendant, Roy A. Jamison, Jr., pled guilty to possession with the intent to deliver .5 grams or more of cocaine, a Class B felony, with a possible sentence range of eight to twelve years. The trial court sentenced the Defendant to ten years and ordered the Defendant to serve the first year of his sentence in the Tennessee Department of Correction and the balance in the Community Corrections Program. On appeal, the Defendant contends the trial court erred when it: (1) used the Defendant's criminal history to enhance his sentence; and (2) sentenced him to confinement. After a thorough review of the record and relevant authorities, we conclude the trial court properly sentenced the Defendant. Accordingly, we affirm the trial court's judgment.
http://www.tba2.org/tba_files/TCCA/2011/jamisonr_102111.pdf
TERRENCE G. MOTLEY v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Terrance G. Motley, Pro Se, Only, Tennessee.
Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Assistant Attorney General; and William L. Gibbons, District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
In 1994, the Petitioner, Terrence G. Motley, pursuant to a plea agreement, pled guilty to aggravated assault and aggravated burglary and was sentenced to three years in the Shelby County workhouse for each crime, with the sentences to be served concurrently. In 2010, the
Petitioner filed "A Motion In The Nature of Writ Of Error Coram Nobis," which the trial court dismissed without a hearing. The trial court held that the Petitioner's claim was time-barred and that coram nobis relief was not applicable to the Petitioner's claim. After a thorough review of the record, the briefs, and relevant authorities, we affirm the trial court's judgment.
http://www.tba2.org/tba_files/TCCA/2011/motleyt_102111.pdf
STATE OF TENNESSEE v. LEJEANRA E. POLK
Court: TCCA
Attorneys:
Stephanie D. Ritchie, Clarksville, Tennessee, for the appellant, Lejeanra E. Polk.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Helen Young, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
On August 4, 2008, the Montgomery County grand jury charged the defendant, Lejeanra E. Polk and a co-defendant, Nicole T. Davis, with one count of premeditated first degree murder, see T.C.A. section 39-13-202(a)(1) (1991 and Supp. 1995), and one count of first degree felony murder, see id. section 39-13-202(a)(2), for the November 1995 stabbing death of Carolyn Vega-Velasquez. Following a bench trial, the defendant was convicted of second degree murder and felony murder. At sentencing, the trial court merged the second degree murder conviction into the felony murder conviction and imposed a life sentence by operation of law. See id. section 39-13-208(c). The defendant challenges the sufficiency of the evidence on appeal.
Discerning no infirmity in the evidence, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/polkl_102111.pdf
STATE OF TENNESSEE v. BRANDON RYAN WESTON
Court: TCCA
Attorneys:
James F. Taylor, Rogersville, Tennessee, for the appellant, Brandon Ryan Weston.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Alex Pearson, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WEDEMEYER
The defendant, Brandon Ryan Weston, pleaded guilty to two counts of burglary of an automobile, Class E felonies, and to two counts of theft of property over $1,000, Class D felonies. The trial court sentenced the defendant as a Range I, standard offender, to an
effective sentence of two years and one day in the Tennessee Department of Correction. The trial court ordered the defendant to serve his sentences consecutively to his sentences in case number 08CR365 and Hamblen County case number 08CR437. The trial court also revoked the defendant's probation in case numbers 08CR365 and 08CR437. On appeal, the
defendant argues that the trial court erred by denying alternative sentencing. Following our review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/westonb_102111.pdf
IN RE: SEAN K. HORNBECK, BPR 023197
Court: TSC-Disciplinary_Order
Judge: KOCH
Dissolve disability inactive status
http://www.tba2.org/tba_files/TSC/2011/hornbeck2_102111.pdf
IN RE: DARREN J. SCOGGINS, BPR I8881
Court: TSC-Disciplinary_Order
Judge: KOCH
Suspension
http://www.tba2.org/tba_files/TSC/2011/scogginsd_102111.pdf
|
|
 |
|
| TODAY'S NEWS |
|
Legal News
Celebrate Pro Bono
Disciplinary Actions
TBA Member Services
|
| Legal News |
| Sources: Mashburn tapped for U.S. Bankruptcy Court |
| Randal S. Mashburn, shareholder in the Nashville offices of Baker, Donelson, Bearman, Caldwell & Berkowitz, will be named to the U.S. Bankruptcy Court and fill the vacancy created by the retirement of Judge George Paine, according to NashvillePost.com sources. |
NashvillePost.com has the story [subscription required]
|
| Judges weigh in on proposed ethics rules |
| Tennessee judges offered their thoughts on proposed changes to the Code of Judicial Conduct at the fall Tennessee Judicial Conference this Thursday. The changes, proposed earlier this year by the Tennessee Bar Association, deal with recusal rules, restrictions on political activities and other issues. The court will be accepting comment on the proposals until Nov. 1.
|
Read more from the Tennessean
|
| Reaction cool to Kelsey judicial selection plan |
| Although judges attending this fall's Tennessee Judicial Conference didn't comment publicly on a recent proposal by Sen. Brian Kelsey, reaction to it has been less than positive.
"I have practiced law in Tennessee for 32 years and I am not aware of any 'judicial crisis,'" said Nashville civil rights attorney Abby Rubenfeld. "I am aware of various state legislators who seem to have their own political agenda in attacking the courts and various judges for doing their specific jobs under our constitutional system of checks and balances."
On Wednesday, Tennessee Bar Association President Danny Van Horn issued a statement that criticized Kelsey's proposed "faux-federal" system and expressed support for the Tennessee Plan.
|
The Tennessean has the story
|
| Diversity Job Fair draws students from region |
| Law students from more than 20 law schools will be interviewing with many of Tennessee's top law firms and legal organizations this weekend during the Tennessee Bar Association's Diversity Job Fair at the Tennessee Bar Center. The Job Fair is an initiative of the TBA's Committee on Racial & Ethnic Diversity, whose mission is to enhance racial and ethnic diversity within the profession and the justice system in Tennessee. |
Learn more about the Diversity Job Fair
|
| Nashvillian honored for work with domestic violence |
| As part of Domestic Violence Awareness Month, Nashville's Rev. Becca Stevens was honored as one of 14 "Champions of Change" for her work with women who have criminal histories of prostitution and substance abuse.
She spoke at a White House panel on domestic violence. |
The Tennessean reports
|
| 8 inducted to Pro Bono Hall of Fame |
| Legal Aid of East Tennessee Thursday night inducted eight Chattanooga attorneys into its inaugural class.
|
See a picture and learn more from Chattanoogan.com
|
| Celebrate Pro Bono |
| YLD sponsors Wills for Heroes event |
| The Tennessee Bar Association Young Lawyers Division will sponsor a Wills for Heroes clinic Oct. 22 at the Metro Nashville Police Department South Precinct, 5101 Harding Place, Nashville 37211. The event is 8 a.m. to 5 p.m. For more information, contact Jenney Keaty at 615-297-107 or at jkeaty@kcbattys.com. |
|
| Legal advice clinic Saturday |
The Legal Aid Society and the Nashville Pro Bono Program will sponsor a legal advice clinic Oct. 22 at the Legal Aid Society, 300 Deaderick St., in Nashville. Clients need to arrive by 9 a.m. Contact Lucinda Smith at 615-780-7127 or See a full schedule of Celebrate Pro Bono Month events
|
| Disciplinary Actions |
| Nashville lawyer's status no longer disability inactive |
| The disability inactive status of Nashville lawyer Sean K. Hornbeck has been removed by the Tennessee Supreme Court. He was suspended from the
practice of law in 2008. |
Download the court's order
|
| Shelby County lawyer suspended |
| Shelby County lawyer Darren J. Scoggins was suspended from the practice of law, which shall become effective immediately upon his release from prison. |
Download the court's order
|
| TBA Member Services |
| Think FedEx first |
| If you've been shipping with other carriers, it's time to switch to FedEx. Not only will you get peace of mind from reliable FedEx shipping, but you can also take advantage of great savings on FedEx shipping as well as FedEx Office services by enrolling in the FedEx member benefits program. |
Take advantage of your member discounts on select FedEx shipping services and FedEx Office business services
|
| |
|
| |
Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php
Questions, comments: Email us at TBAToday@tnbar.org
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
|
|
|
