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| Thursday, November 03, 2011 |
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Event planned to honor Birch and Freedom Riders
The Nashville Bar Association and Napier-Looby Bar Association will hold a reception honoring the late Justice A.A. Birch Jr. on Nov. 17 in the Civil Rights Room of Nashville's downtown library beginning at 5:30 p.m. Guest speakers will include Tennessee Court of Appeals Judge Richard Dinkins, Davidson County Chancellor Russell Perkins and Nashville lawyer Nancy Vincent. The library will be playing Birch's oral history and displaying images from its special collections archives. The event also will celebrate the library's current exhibit, "Threads of a Story: History Inspiring Art," which features 82 paintings of historic Freedom Riders and Bus Boycotters by New York artist Charlotta Janssen. The artist and local Freedom Riders will be in attendance to share their stories. Prints of the works will be available for purchase. Interested individuals also may sponsor the exhibit.
Learn more about the event or RSVP online
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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
02 - TN Court of Appeals
00 - 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
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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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IN RE: BREANNA A.L.
Court: TCA
Attorneys:
John A. Shoaf, Chattanooga, Tennessee, for the appellant, Troy L.
Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; and Michelle N. Safer, Assistant Attorney General; for the appellee, State of Tennessee,
Department of Children's Services.
Robert B. Pyle, Guardian Ad Litem.
Judge: SWINEY
The Juvenile Court for Hamilton County ("the Juvenile Court"), upon a petition by the State of Tennessee, Department of Children's Services ("DCS") and following a trial, terminated the parental rights of Troy L. ("Father") to the minor child Breanna A. L. ("the Child")
pursuant to Tenn. Code Ann. section 36-1-113 (g)(1) and Tenn. Code Ann. section 36-1-113 (g)(3) (2010). Father appeals the termination of his parental rights. We find and hold that clear and convincing evidence existed to terminate Father's parental rights pursuant to Tenn. Code Ann. section 36-1-113 (g)(1) and Tenn. Code Ann. section 36-1-113 (g)(3), and that clear and convincing evidence existed such that the termination was in the Child's best interest. We, therefore, affirm the Juvenile Court's order terminating Father's parental rights to the Child.
http://www.tba2.org/tba_files/TCA/2011/breannaal_110311.pdf
RON LITTLEFIELD v. HAMILTON COUNTY ELECTION COMMISSION, ET AL.
Court: TCA
Attorneys:
Harry F. Burnette, Frank P. Pinchak, and William H. Payne, IV, Chattanooga, Tennessee, for the appellant, James Folkner.
Harold L. North, Jr., Frederick L. Hitchcock, and Tom Greenholtz, Chattanooga, Tennessee, for the appellee, Ron Littlefield.
J. Christopher Clem, Chattanooga, Tennessee, for the appellee, Hamilton County Election
Commission.
Michael A McMahan and Phillip A. Noblett, Chattanooga, Tennessee, for the intervening
appellee, City of Chattanooga.
Judge: MCCLARTY
Chattanooga's mayor, the subject of a recall petition, filed suit against the county election commission, seeking a declaratory judgment that the petition process was flawed and to enjoin the election commission from placing the recall issue on the November 2010 election ballot. The trial court found the election commission could not lawfully certify the recall petition due to noncompliance with applicable statutory provisions and enjoined the placement of the recall issue on the ballot. The leader of the recall effort appeals. We find that the trial court acted without jurisdiction in entering an injunction against the election commission. The judgment of the trial court is vacated and the complaint dismissed.
http://www.tba2.org/tba_files/TCA/2011/littlefieldr_110311.pdf
IN RE: BOBBY A. McGEE, BPR 009222
Court: TSC-Disciplinary_Order
Judge: KOCH
Disbarment
http://www.tba2.org/tba_files/TSC/2011/mcgeeb_110311.pdf
IN RE: RUCHEE PATEL, BPR 026521
Court: TSC-Disciplinary_Order
Judge: KOCH
Suspension
http://www.tba2.org/tba_files/TSC/2011/patelr_110311.pdf
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| TODAY'S NEWS |
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Legal News
General Assembly News
Politics
Career Opportunities
Disciplinary Actions
TBA Member Services
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| Legal News |
| Willis & Knight sues former partner for fraud |
| The Nashville-based law firm of Willis & Knight has filed suit against its former managing partner Tyree B. Harris IV for alleged fraud. The firm accuses Harris of taking a payment of $225,000 from its trust account, rather than its operating account, as part of a scheme to reduce his child-support payments. According to the suit, the firm cannot pay its debts and will be insolvent if it cannot recoup the funds. Harris denied the allegations and is counter-suing the firm for mismanaging its resources.
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Learn more in the Tennessean
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| ABA appoints Nashville lawyer to national post |
| The American Bar Association Board of Governors, sitting as the members of the National Judicial College, elected Nashville lawyer Matthew J. Sweeney to a three-year term on the National Judicial College Board of Trustees. He will represent the ABA Board of Governors on the college through June 2013. Sweeney is a shareholder at Baker, Donelson, Bearman, Caldwell & Berkowitz PC.
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| Opinion: Assault on courts is un-American |
| Political commentators Cokie and Steven Roberts write in an op ed carried by the Columbia Daily Herald that the current level of rhetoric on the campaign trail about judges and the courts represents a "new level of hostility, and distorts political language beyond recognition." They continue: "The principle of judicial independence protects us all. Especially at a time when the other two branches of government are so polarized and poisonous, we need to defend that principle more than ever. Trashing the courts for political gain is cynical and dangerous. And deeply un-American." |
Read the piece here
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| Alleged shooter at Birch building in custody |
| Tyree Gray, the man police say fired a shot outside Nashville's criminal courthouse on Tuesday is in custody. Police said he would be charged with attempted homicide, reckless endangerment and retaliation. Authorities believe the target of the attack was Trevienno Fuqua who was at the courthouse to testify against Gray for a July 24 shooting incident involving the two. Gray is paralyzed and uses a wheelchair. Detectives are working to identify the driver of a black Dodge Magnum that Gray allegedly was riding in that morning. |
The Nashville City Paper has more
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| General Assembly News |
| Watson appointed to criminal council |
| Tennessee House of Representatives Speaker Beth Harwell, R-Nashville, has named Rep. Eric Watson, R-Cleveland, to the Tennessee Criminal Justice Coordinating Committee. The appointment commences immediately and will run until Nov. 6, 2012. The council is charged with identifying issues in the state criminal justice system that need improvement.
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Read more on Chattanoogan.com
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| Politics |
| Fleischmann could face host of challengers |
| Nine months into U.S. Rep. Chuck Fleischmann's legislative career, Weston Wamp -- former congressman Zach Wamp's 24-year-old son -- and Jean Howard-Hill have announced they will challenge him. Two other prominent Republicans, J.B. Bennett, an attorney and lobbyist, and Robin Smith, former chairwoman of the Tennessee Republican Party, also reportedly are exploring similar bids. Any challenger may face a fundraising issue though: Fleischmann's campaign raised more than $200,000 at an event with House Speaker John Boehner, R-Ohio, last week. |
The Times Free Press reports
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| Career Opportunities |
| Lawyers needed to cover hearings on contract basis |
| Local Counsel Collective, a nationwide company that provides lawyers to cover short procedural hearings for large, high-volume law firms, is seeking attorneys in the Nashville area who are willing to accept local hearing assignments. Appearances take, on average, less than 10 minutes and require little prep time according to the company. Interested lawyers may register online. For questions, contact Tracy Jo Hilden at tracyjo@localcounselcollective.com or (800) 910-1492, ext. 2 |
Learn more on JobLink
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| Disciplinary Actions |
| Memphis lawyer disbarred |
Memphis lawyer Mark D. Talley was disbarred by the Tennessee Supreme Court after he was indicted on four violations of the Tennessee Securities Act and multiple charges of conspiracy to commit property theft. Talley pled guilty to the Securities Act charges but appealed the others to the Shelby County Chancery Court. That court ordered that the hearing panel's ruling be vacated and remanded. A second hearing panel examined the case and re-affirmed that Talley should be disbarred. Another appeal to the Chancery Court resulted in a ruling upholding the findings of the second hearing panel. Further appeals resulted in the state Supreme Court upholding the disbarment on Oct. 26.
Download the Supreme Court opinion and a concurring opinion by Justice Janice Holder. |
Download the BPR's press release
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| TBA Member Services |
| Follow us! |
| More than 1,400 people and businesses are now getting regular updates on news from the Tennessee legal community by following the Tennessee Bar Association on Twitter. Join the crowd by following @tennesseebar or watch for the tag #tnlaw. You can also watch for regular updates on the TBA's Facebook page.
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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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