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| Wednesday, November 09, 2011 |
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Everyday ethics in your practice
Lawyers sometimes react to situations without fully realizing how the Rules of Professional Conduct may apply. A series of seminars from the Tennessee Bar Association will review the legal profession's ethical obligations as expressed in the Rules and consider how they guide response to common occurrences faced daily. The Preventing Legal Malpractice CLE will be held in Knoxville on Nov. 15, in Nashville on Nov. 16 and in Memphis on Nov. 17. Attorneys with professional liability insurance through The Bar Plan will receive a base rate discount by completing this risk management program.
Learn more about these and other TennBarU courses
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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
01 - TN Court of Appeals
04 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
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
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.
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RICHARD BARROM v. CITY OF MEMPHIS CIVIL SERVICE COMMISSION
Court: TCA
Attorneys:
Darrell J. O'Neal, Memphis, Tennessee, for the appellant, Richard Barrom.
Andre B. Mathis, Memphis, Tennessee, for the appellee, City of Memphis Civil Service
Commission.
Judge: FARMER
The Memphis Police Department terminated the employment of Petitioner Police Officer for conduct unbecoming an officer following a physical altercation with a parking lot attendant.
On appeal pursuant to the Uniform Administrative Procedures Act, the chancery court affirmed. On appeal to this Court, Petitioner asserts the trial court erred by refusing to admit
additional evidence of disparate treatment in violation of his equal protection rights. We vacate and remand for further proceedings.
http://www.tba2.org/tba_files/TCA/2011/barromr_110911.pdf
STATE OF TENNESSEE v. ROBERT L. ADAMS
Court: TCCA
Attorneys:
T. E. "Ned" Williams, III, Franklin, Tennessee (on appeal), and Kirk D. Catron, Murfreesboro, Tennessee (at trial), for the appellant, Robert L. Adams.
Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Senior Counsel; William C. Whitesell, Jr., District Attorney General; and J. Paul Newman, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The defendant, Robert Lee Adams, fled justice while the jury was deliberating numerous charges against him stemming from his participation in a drug-related shooting in 2007. The
jury found the defendant guilty of attempted first degree murder, a Class A felony; especially aggravated kidnapping, a Class A felony; aggravated robbery, a Class B felony; and
conspiracy to commit kidnapping, a Class D felony. The defendant was sentenced in absentia to an effective sentence of life without the possibility of parole plus twenty years.
The defendant's trial counsel filed a timely motion for new trial. In response, the State moved to dismiss the defendant's motion on the grounds that the defendant had abandoned
his right to proceed by absconding from the court's jurisdiction. After a hearing held while the defendant was still in absentia, the trial court dismissed the defendant's motion for a new trial pursuant to the fugitive disentitlement doctrine and allowed the defendant's trial counsel to withdraw soon thereafter. Weeks later, the defendant was returned to custody, filed a pro se notice of appeal, and was appointed new counsel. On appeal, the defendant argues that:
(1) the trial court erred by dismissing his motion for a new trial; (2) the evidence was insufficient to support his convictions; (3) the trial court erred by denying his trial counsel's motion for a continuance; and (4) the trial court applied improper enhancement factors when it sentenced him for his conspiracy and aggravated robbery convictions. The State argues that we must dismiss the defendant's appeal for lack of jurisdiction. We conclude that the trial court properly dismissed the defendant's motion for a new trial on the grounds that he was a fugitive from justice but that, nonetheless, we have jurisdiction to review his appeal
now that he has been returned to custody. The absence of a motion for new trial, however, limits our appellate review to considering the sufficiency of the evidence to support his
convictions and his sentencing. After thorough review, we conclude that sufficient evidence supports the defendant's convictions and that the trial court committed no error in sentencing the defendant for conspiracy to commit kidnapping. While we conclude that the trial court may have erroneously applied one of the several enhancement factors it used when it sentenced the defendant for aggravated robbery, in light of the applicable sentencing principles, remaining enhancement factors, and the particular facts of this case, we conclude that the sentence imposed by the trial judge was appropriate. Accordingly, the judgments of
the trial court are affirmed.
http://www.tba2.org/tba_files/TCCA/2011/adamsr_110911.pdf
STEVE ALLEN BRADEN V. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Steve Allen Braden, pro se, appellant.
Robert E. Cooper, Jr., Attorney General & Reporter; Mark A. Fulks, Senior Counsel; for the appellee, State of Tennessee.
Judge: BIVENS
The petitioner filed pro se a writ of error coram nobis regarding two convictions for aggravated assault. The trial court summarily denied relief and this appeal followed. We
affirm the trial court's judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.
http://www.tba2.org/tba_files/TCCA/2011/bradens_110911.pdf
STATE OF TENNESSEE v. KIMBERLY MANGRUM
Court: TCCA
Attorneys:
William Bradley "Jake" Lockert, III, District Public Defender; and Christopher L. Young, Assistant District Public Defender, for the appellant, Kimberly Mangrum.
Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paducah Stempel, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Suzanne M.
Lockert, Assistant District Attorney General, for the appellee, the State of Tennessee.
Judge: WOODALL
Defendant, Kimberly Mangrum, was indicted by the Dickson County Grand Jury for especially aggravated burglary, especially aggravated kidnapping, first degree premeditated
murder, felony murder, and four counts of criminal conspiracy, related to the commission of each of those offenses. Following a jury trial, Defendant was convicted of aggravated burglary, especially aggravated kidnapping, attempted first degree premeditated murder, and felony murder. Her conviction for attempted first degree premeditated murder was merged into her felony murder conviction, and she was sentenced to life imprisonment for her first degree felony murder conviction, twenty-five years for especially aggravated kidnapping, and six years for aggravated burglary, with the sentences to be served concurrently. In this direct appeal, Defendant challenges the sufficiency of the convicting evidence and asserts that the
trial court erred by not dismissing the indictment following what, Defendant contends, was the State's misuse of the grand jury proceedings. After a thorough review of the record, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/mangrumk_110911.pdf
STATE OF TENNESSEE v. MICHAEL ALVIN YOUNG
Court: TCCA
Attorneys:
C. Brad Sproles, Kingsport, Tennessee, for the Appellant, Michael Alvin Young.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; Kaylin Render-
Hortensfine, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
A Sullivan County jury convicted the Defendant, Michael Alvin Young, of aggravated kidnapping and domestic assault. The trial court merged the two convictions and sentenced
the Defendant to eight years and six months in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to support his aggravated kidnapping conviction and that he received the ineffective assistance of counsel at trial. After a thorough review of the record and the applicable law, we affirm the trial court's judgment.
http://www.tba2.org/tba_files/TCCA/2011/youngm_110911.pdf
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| TODAY'S NEWS |
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Passages
Legal News
U.S. Supreme Court
Disciplinary Actions
TBA Member Services
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| Passages |
| Services Thursday for Knoxville lawyer |
| The Knoxville legal community will remember the life of retired lawyer Charles D. Lockett tomorrow, Nov. 10, following his death this week at the age of 95. Lockett graduated from the University of Tennessee College of Law in 1939 and practiced for 60 years. He was active in the local community, holding leadership roles with numerous civic and political organizations. On Thursday, an internment will be held at 1:30 p.m. at the Tennessee Veterans Cemetery. At 3 p.m., a memorial service will be held at Sequoyah Hills Presbyterian Church, 3700 Keowee Ave., Knoxville 37919. In lieu of flowers, contributions may be made to the church.
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Read about Lockett's life in the News Sentinel
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| Legal News |
| NAACP plans protest of voter ID laws |
| The NAACP is joining with civil rights and labor groups to hold a series of protests around the country meant to challenge what they describe as a nationwide voter suppression effort. The groups have been urging the U.S. Justice Department to block such laws in Texas and South Carolina. New laws also have been passed in Kansas, Tennessee and Wisconsin. Civil-rights advocates contend these laws target low-income and minority voters.
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Learn more from WKRN News 2
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| U.S. attorney closes another health fraud case |
| Brentwood healthcare firm Vanguard Healthcare has agreed to pay back $2 million in the latest in a series of cases brought by federal prosecutors in Middle Tennessee. Total recoveries ordered so far this year now top $100 million. U.S. Attorney Jerry Martin said Tuesday that the settlement is part of an ongoing effort to detect fraud and abuse in Medicare and Medicaid. Files show Vanguard was charged with double billing for some services and submitting claims for patients when they no longer qualified for coverage.
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Learn more in the Tennessean
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| Judicial phone numbers changing in Memphis |
| Effective this week, all offices at the Shelby County Courthouse, County Criminal Justice Center and Vasco Smith Jr. Administration Building will have new telephone numbers beginning with the prefix "222." Fax numbers also will be affected. According the county mayor, the move is being taken to save the government $70,000 a year in phone line usage fees. All of the new numbers are available on the Shelby County Government website.
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| Occupy Chattanooga group moves to courthouse |
| Protesters with the Occupy Chattanooga group broke camp Tuesday night and moved from City Hall to the more spacious Hamilton County Courthouse lawn, citing their growing numbers. The group, which is protesting the distribution of wealth in America and the actions of large corporations, said there is no timetable for ending its protest. |
Chattanoogan.com reports
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| Springfield lawyer opens new practice |
| Springfield lawyer Garth Click has opened a new law practice, to be known as Click Law, where he will focus on family, criminal, estate, probate and social security disability matters. Prior to opening the firm, Click practiced with Larry Wilks in the Law Offices of Larry D. Wilks. He was working for the firm at the time of Wilks' death. Click is active in the Tennessee Bar Association Young Lawyers Division, serving as a member of the board and as a district representative.
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Read more about his new venture in the Nashville Post
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| Firm offers student scholarship |
| Constangy, Brooks & Smith will again offer a scholarship to law students who have demonstrated academic achievement, commitment to diversity and personal achievements in overcoming challenges. One student selected from each region of the country will receive a $3,000 scholarship. Applicants must be second-year students enrolled in an accredited law school. Applications must be received by Nov. 21. Award recipients will be notified by Dec. 23.
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Download an application here
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| Opinion: Courts and journalists need each other |
| Ken Paulson, president of the First Amendment Center, writes in today's Roane County News that the public is best served when judges and journalists understand each other's professional goals and ethical obligations and find common ground. He asserts that the courts have come a long way, opening their doors to television cameras and giving the public a better understanding of what happens inside. However, he raises concerns that many of the newest technologies being used by journalists are largely off limits in court coverage and that cutbacks in newsrooms could mean less reporting overall.
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Read why he thinks courts and journalists need each other
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| First animal law moot court team to compete |
| The University of Tennessee College of Law will be fielding its first "Animal Law Competition Team" this year. Third-year student Tina Osborn and second-year student Caroline Latsha will represent the school at the Ninth Annual National Animal Law Competition to be held Feb. 24-26, 2012, at the University of California at Los Angeles. They will enter three competitions: legislative drafting and lobbying, closing argument and appellate advocacy. The UT Informant reported the news. |
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| U.S. Supreme Court |
| High court considers warrantless GPS tracking |
| The U.S. Supreme Court yesterday heard oral arguments in the case of Antoine Jones, who says police violated his rights when they placed a GPS device on the underside of his car and tracked him for a month. Issues involved in the case include the fact that a warrant secured for the investigation had expired by the time police used the device, and that Jones was tracked outside the jurisdiction authorized in the warrant. The government argues that people should have no expectation that driving patterns will be private.
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The Memphis Daily News has this AP story
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| Disciplinary Actions |
| 9 lawyers reinstated after administrative suspension |
| Eight Tennessee-licensed lawyers have been reinstated after being administratively suspended for CLE
noncompliance in 2011, while one lawyer has been reinstated after being
suspended for failure to pay the annual BPR registration fee. See the reinstatements at the links above.
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| TBA Member Services |
| Let JobLink help you with your next career move |
| A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
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Visit the site
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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
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