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| Friday, October 28, 2011 |
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Interest groups pumping up spending on judicial races
A new report shows that interest groups pumped unprecedented amounts of money into state judicial elections in the last election cycle, a trend that threatens to undermine the impartiality of judges across the country. Political parties and advocacy groups working independently from the candidates are accounting for a greater share of spending on judicial elections, the report adds. Such independent expenditures accounted for $11.5 million, or nearly 30 percent, of the money spent in the 2009-2010 election cycle.
Read more about the report from WATE
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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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
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00 - TN Attorney General Opinions
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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
open them from there. 1) Click the URL at end of each Opinion paragraph below. This should give you the option to
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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.
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STEVE BIGGERS v. LAURENCE K. HOUCHIN
Court: TCA
Attorneys:
Steve Biggers, Nashville, Tennessee, Pro Se.
Steve North and Mark North, Madison, Tennessee, for the appellee, Laurence K. Houchin.
Judge: DINKINS
In the previous appeal of this case, we determined that the trial court erred in denying Plaintiff the opportunity to appeal the dismissal of his case and in awarding $1,151.75 in sanctions to Defendant. The case was remanded and, on remand, the trial court directed the
Defendant to return the monetary sanction by depositing the money with the Clerk and Master. Plaintiff appeals and contends that the trial court erred in not distributing the funds to him directly. We affirm the trial court and remand the case for further proceedings.
http://www.tba2.org/tba_files/TCA/2011/biggerss_102811.pdf
KENDRA D. CARTER, ET AL. v. RETHA BATTS
Court: TCA
Attorneys:
William E. Friedman, Memphis, Tennessee, for the appellants, Kendra D. Carter and Sonja M. Carter.
R. Layne Holley and H. Lynne Smith, Germantown, Tennessee, for the appellee, Retha Batts.
Judge: FARMER
Plaintiffs prevailed in personal injury action against Defendant in Shelby County General Sessions Court. On appeal in Shelby County Circuit Court, the matter was tried before a jury and a judgment was rendered in favor of Defendant. Plaintiffs filed a motion for new trial
or judgment notwithstanding the verdict. The circuit court granted Plaintiff's motion, but the parties settled the matter before retrial and signed a release memorializing the settlement. Subsequently, Plaintiffs filed a motion under Tennessee Rule of Civil Procedure 60.02(3) alleging that the circuit court lacked subject matter jurisdiction, and thus its judgment was
void, because the Defendant failed to perfect the appeal from general sessions court. The circuit court denied the motion and Plaintiffs appealed. Finding that Defendant properly perfected the appeal from general sessions court, and that the release executed by the parties encompassed Plaintiffs' claim, we affirm.
http://www.tba2.org/tba_files/TCA/2011/carterk_102811.pdf
IN RE: TAYLOR BW, and ASHLEY NW.
Court: TCA
Attorneys:
Shelley S. Breeding, Allison J. Starnes-Anglea, and David L. Dothard, Knoxville, Tennessee, for the appellants, RAW and LEW.
John F. Kimball, Cleveland, Tennessee, Guardian Ad Litem.
Phillip M. Jacobs, Cleveland, Tennessee, for the appellee, KRH.
Judge: FRANKS
The father and his wife petitioned the Court to terminate the parental rights of the two minor
children's mother and allow the father's wife to adopt the two minor children. After a myriad of pleadings, the Trial Court held an evidentiary hearing and ruled that the father had proved statutory grounds to terminate the mother's parental rights, and that it was in the best interest of the two minor children that her parental rights be terminated. The mother petitioned to
reconsider, and upon further consideration the Trial Court reversed its ruling and held that it was not in the children's best interest to terminate her rights as a parent of the two children. Petitioners appealed, and on appeal we hold that clear and convincing evidence established the statutory grounds for termination and clear and convincing evidence established that it
was in the children's best interest to terminate the mother's parental rights. Further, that the Trial Judge in reversing her findings that it was in the best interest of the children to terminate the parental rights of the mother, focused on the rights of the mother rather than
the rights of the children, as required by the statute and authorities. We reinstate the original Judgment of the Trial Court terminating the mother's parental rights.
http://www.tba2.org/tba_files/TCA/2011/taylorbw_102811.pdf
STATE OF TENNESSEE v. WINFORD MCLEAN
Court: TCCA
Attorneys:
Randy R. Rogers, Athens, Tennessee, for the appellant, Winford McLean.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; R. Steven Bebb, District Attorney General; Paul Moyle and Dallas Scott, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: WITT
A Bradley County Criminal Court jury convicted the defendant, Winford McLean, of one count of facilitation of possession with intent to deliver 300 grams or more of cocaine. See T.C.A. section 39-17-417 and section 39-11-403(2006). He was sentenced as a Range II multiple offender to fifteen years in prison. The defendant filed a pretrial motion to suppress evidence, which the trial court denied following an evidentiary hearing. On appeal, he argues that the trial court erred by denying his motion to suppress and by admitting evidence of his prior convictions for use as impeachment at trial. Discerning no error, we affirm the
judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/mcleanw_102811.pdf.pdf
STATE OF TENNESSEE v. WAYNE ROBERT WAIT
Court: TCCA
Attorneys:
Robert W. White (at sentencing and on appeal) and Damon Wooten (at trial), Maryville, Tennessee, for the appellant, Wayne Robert Wait.
Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; Michael A. Flynn, District Attorney General; Tammy M. Harrington and Robert L. Headrick, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: THOMAS
A Blount County jury convicted the Defendant, Wayne Robert Wait, of second degree murder and, thereafter, the trial court imposed a sentence of 18 years at 100% in the Department of Correction. On appeal, the Defendant raises the following issues for our review: (1) whether the trial court abused its discretion in allowing a police officer to testify about blood spatter evidence he observed at the scene when the officer was not tendered as an expert in blood spatter analysis; (2) whether the trial court erred in limiting the admission
of prior violent acts allegedly committed by the victim offered to corroborate the Defendant's contention that the victim was the first aggressor and to support his self-defense claim; and (3) whether his sentence is excessive because the trial court failed to apply mitigating factors and gave too much weight to the sole enhancing factor. We conclude that there is no
reversible error and affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/waitw_102811.pdf
STATE OF TENNESSEE v. MICHAEL MONTELL WILLIAMS
Court: TCCA
Attorneys:
Ardena J. Garth, District Public Defender; Mary Ann Green, Assistant Public Defender (at trial); Richard K. Mabee, Assistant Public Defender (on appeal); and Jonathan T. Turner, Chattanooga, Tennessee (at trial), for the appellant, Michael Montell Williams.
Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; William H. Cox, III, District Attorney General; and M. Neal Pinkston, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
The Defendant, Michael Montell Williams, was indicted by the Hamilton County Grand Jury for abuse of a corpse, especially aggravated kidnapping, felony murder, and premeditated first degree murder. Following a jury trial, the Defendant was convicted of one count of premeditated first degree murder and one count of abuse of a corpse. See Tenn. Code Ann.
sections 39-13-202, -17-312. In this appeal as of right, the Defendant contends that (1) the trial court erred in denying his motion to sever the abuse of a corpse charge from the premeditated first degree murder charge; (2) the trial court erred in allowing a toxicologist to testify regarding his opinion on the likelihood that prescription drugs found in the victim's blood caused her death; (3) the trial court erred in denying his motion for a mistrial; and (4) the evidence was insufficient to sustain his convictions. Following our review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/williamsm_102811.pdf
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| TODAY'S NEWS |
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Legal News
Celebrate Pro Bono
Upcoming
TBA Member Services
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| Legal News |
| Appeals panel upholds ruling on Memphis police promotions |
| An appeals court has affirmed a lower court decision ordering the immediate promotion of 28 Memphis police sergeants to lieutenant. The three-judge panel of the U.S. Court of Appeals for the Sixth Circuit ruled Friday on the long-running case, in which the plaintiffs had challenged the police department's promotions process, saying it was illegal and violated the Civil Rights Act.
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Read more from Knoxnews
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| Environmental law group opens Nashville office |
| The non-profit Southern Environmental Law Center's new Nashville office will be led by Anne Davis, who is married to Mayor Karl Dean and headed his task force on environmental sustainability. The opening gives SELC an office in each of the organization's six focus states.
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Read more from the Tennessean
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| Smoking ban extended at University of Memphis |
| The University of Memphis' Cecil C. Humphreys School of Law will go totally smoke free next summer, as a new university policy takes effect banning smoking all across campus. Lawrence Pivnick, president of the faculty senate and law professor, said that banning tobacco on campus "further encourages the health of everybody."
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The Daily Helmsman has more
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| Bookkeeper pleads guilty in court embezzlement case |
| Former bookkeeper Brandon Gunn, 47, today pleaded guilty to embezzling more than $1 million in surplus tax foreclosure funds from Shelby County Chancery Court. The deal to plead guilty to three counts of embezzlement, conspiracy and money laundering could land him in prison for as many as 35 years.
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Read more from the Commercial Appeal
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| Governor defends arrest of protestors |
| Gov. Bill Haslam today defended actions that resulted in the early morning arrest of 29 Occupy Nashville protestors on Legislative Plaza. Haslam said the situation had "deteriorated" to the point that action was necessary.
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Read more from the City Paper
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| Celebrate Pro Bono |
| LAET, UT law join forces for Saturday Bar |
| Legal Aid of East Tennessee and the University of Tennessee College of Law will host the Knox County Saturday Bar on Saturday, Oct. 29, from 9 a.m. to noon at the LAET office at 502 South Gay St., Suite 404. For more information, contact Terry Woods at 865-637-0484 or at twoods@laet.org. |
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| Legal advice clinic this Saturday in Chattanooga |
| Legal Aid of East Tennessee will host a legal advice clinic on Saturday, beginning at 2:30 p.m. at its Chattanooga office, 535 Chestnut St., Suite 360. For more information, contact Charlie McDaniel at 423-756-4013, ext. 1113 or at cmcdaniel@laet.org. |
See a full schedule of Celebrate Pro Bono Month events
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| Blount County bar to host Saturday clinic |
| Legal Aid of East Tennessee will also host the Blount County Saturday Bar on Saturday, from 9 a.m. to noon. The legal advice clinic will be at New Hope Blount County Children's Advocacy Center, 212 Cates St., Maryville. For more information, contact Terry Woods at 865-637-0484 or at twoods@laet.org. |
See a full schedule of Celebrate Pro Bono Month events
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| Upcoming |
| Get tickets now to Barristers' Ball |
| The Ben F. Jones Chapter of the National Bar Association will hold its annual Barristers' Ball on Nov. 5 at the Memphis Botanical Gardens. The event helps raise money to fund scholarships for students at the Cecil C. Humphreys School of Law at the University of Memphis and finance programming for the association throughout the year. Judge Bernice Donald and Gregory Duckett will be honored at the event.
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Find out more now
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| TBA Member Services |
| Office management resources available for TBA members |
The TBA Law Office Technology & Management Section has purchased a collection of resource materials to be added to the TBA Lending Library for use by all members. Those materials include:
-- Letters for Litigators: Essential Communications for Opposing Counsel, Witnesses, Clients and Others
-- Letters for Lawyers: Essential Communications for Clients, Prospects and Others, Second Edition
-- Risk Management: Survival Tools for Law Firms, Second Edition
-- The 2009 Solo & Small Firm Legal Technology Guide: Critical Decisions Made Simple
-- The Lawyer's Guide to Adobe Acrobat, Third Edition (Covers Adobe Acrobat 8.0)
-- The Lawyer's Guide to Collaboration Tools & Technologies: Smart Ways to Work Together + CD-ROM Supplement
-- The Lawyer's Guide to Governing Your Firm
-- The Lawyer's Guide to Marketing on the Internet, Third Edition
-- The Lawyer's Guide to Microsoft Excel 2007
-- The Lawyer's Guide to Microsoft Outlook 2007
-- The Lawyer's Guide to Practice Management Systems Software, Second Edition
Books may be borrowed for up to two weeks. To request a book, please email Linda Murphy.
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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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