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| Tuesday, November 08, 2011 |
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UT, Memphis law schools praised for good value
Two Tennessee law schools have been called a "Best Value" by
National Jurist magazine.
With a bar-pass average of 89.1, employment average of 92.1 and average debt per student of $65,082, the University of Tennessee College of Law was ranked 14th in the nation, with an "A" rating.
The University of Memphis Cecil C. Humphreys School of Law clocked in with a 90.6 bar-pass rate, an employment average of 89.7 and average debt at $66,074, to receive an "A minus" rating.
The study "is designed to identify a quality legal education at an affordable price ... weighing bar passage with job placement figures with tuition and average indebtedness upon graduation."
Tops was Georgia State University -- which was also number one on the American Bar Association's 60 Top-Value Law Schools -- with 94.2 bar pass rate, 94 employment rate, and average debt of $19,136.
Learn more from National Jurist
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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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CAROLYN L. DENTON-PRELETZ, ET AL. v. SUSAN L. DENTON
Court: TCA
Attorneys:
Robert L. Barr, Jr., Atlanta, Georgia, and D. Brent Gray, Jacksboro, Tennessee, for the appellants, Carolyn L. Denton-Preletz and Carolyn L. Denton-Preletz, as Trustee of the
Carolyn L. Preletz, Living Trust.
Joe M. Looney, Crossville, Tennessee, for the appellee, Susan L. Denton.
Judge: MCCLARTY
This appeal concerns a note executed by Robert Denton ("Husband") and Susan L. Denton ("Wife") and payable to Husband's sister, Carolyn L. Denton-Preletz ("Lender"). When
Lender sought recovery of the note, Wife denied liability and filed a motion for summary judgment, asserting that the statute of limitations for recovery of the note had passed. The
trial court granted the motion and dismissed the case as it related to Wife. Lender filed a motion to alter or amend the order and a motion to amend the complaint, which were denied. Lender appeals. We affirm the decision of the trial court.
http://www.tba2.org/tba_files/TCA/2011/dentonc_110811.pdf
STATE OF TENNESSEE v. DIB DRIVER
Court: TCCA
Attorneys:
Derek R. Howard (at trial and on appeal) and Darwin H. Colston (on appeal), Murfreesboro, Tennessee, for the appellant, Dib Driver.
Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; William Whitesell, District Attorney General; and Laural Hemenway, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, Dib Driver, was found guilty by a Rutherford County Circuit Court jury of solicitation of sexual exploitation of a minor, a Class B felony; six counts of attempted
solicitation of sexual exploitation of a minor, a Class C felony; two counts of sexual battery by an authority figure, a Class C felony; two counts of attempted sexual battery by an
authority figure, a Class D felony; attempted sexual battery, a Class A misdemeanor; and two counts of attempted assault, a Class C misdemeanor. See T.C.A. sections 39-12-101 (2010)
(attempt), 39-13-101 (2006) (amended 2009, 2010) (assault), 39-13-505 (2010) (sexual battery), 39-13-527 (2010) (sexual battery by an authority figure), 39-13-529 (2010)
(solicitation of sexual exploitation of a minor). He was sentenced as a Range I, standard offender to serve ten years for solicitation of sexual exploitation of a minor, five years for
two counts of sexual battery by an authority figure, four years for six counts of attempted solicitation of sexual exploitation of a minor, three years for two counts of attempted sexual battery by an authority figure, eleven months and twenty-nine days for attempted sexual
battery, and thirty days for two counts of attempted assault. The trial court imposed partially consecutive sentences yielding an effective fifteen-year sentence for these offenses. After the convictions, the Defendant pled guilty to attempted especially aggravated kidnapping, a Class B felony, pertaining to a count of the indictment that was severed from the counts
charging sexual offenses. See id., section 39-13-305 (2010) (especially aggravated kidnapping). The court imposed a twelve-year sentence consecutively to the effective fifteen-year sentence for the other convictions, for a final effective sentence of twenty-seven years. On appeal, the
Defendant contends that the trial court erred in denying his two motions for a mistrial. We affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/driverd_110811.pdf
STATE OF TENNESSEE v. JAMES DAVID MOATS
Court: TCCA
Attorneys:
Matthew C. Rogers (at trial and on appeal), and Randy Rogers (at trial), Athens Tennessee, for the appellant, James David Moats.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Robert Steven Bebb, District Attorney General; and James H. Stutts, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
The defendant, James David Moats, stands convicted of driving under the influence ("DUI"), fourth or greater offense, a Class E felony. The trial court sentenced him as a Range I,
standard offender to two years in the Tennessee Department of Correction. On appeal, the defendant argues that the trial court erred by denying his motion to suppress and motion for
judgment of acquittal. Following our review, we conclude that under the facts of this case the police officer seized the defendant when she pulled up behind the defendant's parked
vehicle and activated her blue emergency lights. We further conclude that the officer did not have a reasonable suspicion of criminal activity to justify the seizure. As such, the trial court erred by denying the defendant's motion to suppress evidence, and we reverse the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/moatsj_110811.pdf
STATE OF TENNESSEE v. KENNETH EDWARD WATTS
Court: TCCA
Attorneys:
Joshua D. Hedrick (on appeal), and John Boucher (at trial), Knoxville, Tennessee, for the appellant, Kenneth Edward Watts.
Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; and Patricia Cristil
and Deborah Malone, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: SMITH
A Knox County jury convicted the defendant, Kenneth Edward Watts, of vandalism resulting in $10,000 to $60,000 in damages, a Class C felony, and theft of property under $10,000, a Class D felony. The trial court sentenced him as a Range III, persistent offender to fifteen years for the Class C felony and as a career offender to twelve years for the Class D felony. On appeal, the defendant argues that the trial court erred by allowing a witness to testify as to the estimated cost of repair; that the evidence was insufficient to support his convictions; and that the trial court improperly calculated his sentencing range. Following our review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/wattsk_110811.pdf
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| TODAY'S NEWS |
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Legal News
Politics
Career Opportunities
Upcoming
Disciplinary Actions
TennBarU CLE
TBA Member Services
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| Legal News |
| Oral argument for judicial code changes set for Dec. 2 |
| The Tennessee Supreme Court today set Dec. 2 for oral argument on proposed changes to the Code of Judicial Conduct.
The hearing will be at 1 p.m. in the Supreme Court building in Nashville.
The court had filed an order publishing the Tennessee Bar Association's proposed revision to the Code of Judicial Conduct on March 11. The public comment period in that order ended Nov. 1. |
Learn more from the AOC
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| D.C. Circuit upholds health care law |
| A divided federal appeals court in Washington has upheld the constitutionality of the Obama administration's health care reform law, solidifying the split among circuit courts over the controversial legislation. |
The National Law Journal reports
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| Shelby Probate Court told to clean up processes |
| A recent audit of the Shelby County Probate Court Clerk's Office cites a number of problems, including nine that carry a "high" severity rating, meaning they create a serious risk of embezzlement, loss or other bad outcomes. The report doesn't accuse anyone of any crime, but says management should correct the issues quickly. Court Clerk Paul C. Boyd said he's already taking steps to do so. |
The Commercial Appeal has more
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| Former prosecutor asks for diversion in misconduct case |
| A former Hawkins County prosecutor alleged to have offered female defendants leniency in exchange for sex has applied for pretrial diversion, his attorney said.
Doug Godbee, 58, charged with official misconduct, appeared before Jefferson County Criminal Court Judge Duane Slone on Monday. |
The News Sentinel reports
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| Eric Holder: 'Fast and Furious' was flawed |
| Attorney General Eric Holder said today in testimony to the Senate Judiciary Committee that an
investigation of arms traffickers called "Operation Fast and Furious" was
"flawed in its concept, and flawed in its execution."
He told the committee: "Unfortunately, we will feel its effects for years to come, as guns that were lost during this operation continue to show up at crime scenes both here and in Mexico," Holder said. "We are losing the battle to stop the flow of illegal guns to Mexico."
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CNN reports
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| Politics |
| Senator, mayor, judge among seats in Knox election |
| The general election in Knox County today included an election to fill a vacancy in the State Senate, four city council seats, the office of mayor and a municipal judge position.
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Find out the results as they happen
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| Career Opportunities |
| BPR to hire disciplinary counsel |
| The Board of Professional Responsibility of the Supreme Court of Tennessee is seeking an attorney for the position of Disciplinary Counsel in the Investigations Section. Applicants must be licensed in Tennessee and have a minimum of seven years' litigation experience. |
The AOC has the details
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| Upcoming |
| Scout Finch actress to speak in Blountville |
| The young actress who played Scout in the film version of Harper Lee's classic "To Kill a Mockingbird" will speak at
Northeast State Community College Nov. 15. The event, "An Evening with Mary Badham" is at 7 p.m., at the Wellmont Regional Center for the Performing Arts on the college's main campus in Blountville. The event is free and open to the public. |
The Times-News has more about the actress and movie
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| Disciplinary Actions |
| Weakley County attorney disbarred |
| On Nov. 2, Weakley County attorney Harry Max Speight was disbarred by the Tennessee Supreme Court pursuant to Rule 9, Section 4.1, of the Rules of the Supreme Court.
Speight was convicted of Conspiracy to Make False Statements and Defraud the Government in violation of 15 U.S.C. Section 714m(a & d) and Aiding and Abetting in violation of 18 U.S.C. Section 2. His actions violate Rule 8, Section 8.4 (misconduct), of the Rules of the Supreme Court.
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Download the BPR release
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| Williamson County lawyer put on disability inactive status |
| On Nov. 1, the law license of Williamson County lawyer Thomas Henry Ware, was transferred to disability inactive status pursuant to Section 21 of Tennessee Supreme Court Rule 9. |
Download the BPR release
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| TennBarU CLE |
| CLE double-header in Memphis this Thursday |
Two continuing legal education programs from the Tennessee Bar Association will be offered Thursday at the Cecil C. Humphreys School of Law. In the morning, learn about the "Third-Party Closing Opinions 2011 Report,"
which was
recently approved by the Board of Governors of the Tennessee Bar Association. The report addresses issues that frequently arise in closing opinion practice, with a particular emphasis on opinion issues that are specific to Tennessee.
In the afternoon,
earn another three credit hours learning about
Intellectual Property, Entertainment and Social Media.
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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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