Tuesday, November 22, 2011
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Pro bono CLE trains lawyers on U visas

The Memphis Bar Association, in cooperation with the TBA Access to Justice Committee and Corporate Counsel Pro Bono Initiative, will hold a CLE on Dec. 5 from 2-5 p.m. to train lawyers on how to handle U Visas, which are given to immigrants who have been the victims of serious crimes but cooperate with authorities to prosecute the perpetrator. The CLE, which will cover topics such as eligibility, the application process, inadmissibility and removal, is free for those who agree to accept a U Visa client through the Community Legal Center's Immigrant Justice Program. Lawyers will be expected to meet with their client at a clinic on Dec. 6 from 5:30-7:30 p.m. Register in advance by calling (901) 543-3395 or by emailing Alicia Triche at aliciatricheclc@gmail.

Download a flyer about the program
TODAY'S OPINIONS
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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.
CHARLIE LEE INGRAM v. REBECCA AND RANDY WASSON

Court: TCA

Attorneys:

Thomas I. Bottorff, Brentwood, Tennessee, for the Defendant/Appellants Rebecca and Randy Wasson.

Michael E. Spitzer, Hohenwald, Tennessee, for the Plaintiff/Appellee Charlie Lee Ingram.

Judge: KIRBY

This appeal concerns the existence of an easement. The dispute between the two adjoining landowners began after the defendant landowners blocked the plaintiff neighboring landowner's access to a roadway crossing over the defendants' property. The plaintiff landowner filed this action seeking condemnation or a finding of an implied easement for access to the roadway over the defendants' property, arguing that his property was landlocked. Upon the admission into evidence of several affidavits, the trial court found both an easement implied from prior use and, in the alternative, an easement created by necessity. The defendant landowners now appeal. We affirm the decision of the trial court.

http://www.tba2.org/tba_files/TCA/2011/ingramc_112211.pdf
URSHAWN ERIC MILLER v. TENNESSEE DEPARTMENT OF CORRECTION ET AL.

Court: TCA

Attorneys:

Urshawn Eric Miller, Wartburg, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter, and Mark Alexis Hudson, Senior Counsel, for the appellees, State of Tennessee, Department of Correction; Warden David Osborne, Morgan County Correctional Complex; and Gayle Ray, Commissioner of Tennessee Department of Correction.

Judge: CLEMENT, BENNETT, DINKINS

This is an appeal from an order entered by the Chancery Court for Davidson County transferring an inmate's Petition for Writ of Certiorari to the Chancery Court for Morgan County. Because the order appealed does not resolve the claims raised in the petition but merely transfers those claims to another court, we dismiss the appeal for lack of a final judgment.

http://www.tba2.org/tba_files/TCA/2011/milleru_112211.pdf
STATE OF TENNESSEE v. JEREMY LIEUTENANT FUQUA

Court: TCCA

Attorneys:

Ardena J. Garth, District Public Defender; Richard Kenneth Mabee, Assistant Public Defender; and Blake Murchison, Assistant Public Defender, Chattanooga, Tennessee, for the appellant, Jeremy Lieutenant Fuqua.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; William H. Cox, III, District Attorney General; and Brian Finlay, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

In May, 2007, Defendant, Jeremy Lieutenant Fuqua, pled guilty to various offenses, including three counts of aggravated burglary, a Class C felony, and one count of Class C felony theft. He received a sentence of four years for each conviction of aggravated burglary and a sentence of three years for the theft conviction, with all sentences to be served consecutively with each other for an effective sentence of fifteen years. Defendant was given the opportunity to serve the entire sentence on probation. Subsequently, there were three separate probation violation proceedings, but ultimately none resulted in revocation of the entire probation sentence. The fourth probation violation proceeding, which is the subject of this appeal, was filed based upon new criminal charges, failure to report arrests, and various technical violations. After a hearing the trial court revoked Defendant's probation and ordered the entire effective sentence of fifteen years to be served by incarceration. On appeal, Defendant does not challenge the findings that he violated his probation; he does insist that he should not have been ordered to serve his entire sentence. We affirm the judgments of the trial court in each conviction.

http://www.tba2.org/tba_files/TCCA/2011/fuquaj_112211.pdf
STATE OF TENNESSEE v. KENNETH D. GANN

Court: TCCA

Attorneys:

Daniel J. Ripper, Chattanooga, Tennessee, for the Appellant, Kenneth D. Gann.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; William H. Cox, III, District Attorney General, and Neal Pinkston, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Hamilton County jury convicted the Defendant, Kenneth D. Gann, of second degree murder, and the trial court sentenced him to twenty years, to be served at 100%. On appeal, the Defendant contends the trial court erred when it denied his motion to suppress a statement he gave while in the hospital. After a thorough review of the record and applicable authorities, we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2011/gannk_112211.pdf
STATE OF TENNESSEE v. TED ORMAND PATE

Court: TCCA

Attorneys:

Mark C. Scruggs (at trial and on appeal) and Richard McGee (at trial) , Nashville, Tennessee, for the appellant, Ted Ormand Pate.

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Sharon Reddick and Brian K. Holmgren, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

A Davidson County jury convicted the Defendant, Ted Ormand Pate, of attempted rape of a child, a Class B felony, and aggravated sexual battery, a Class B felony. The trial court merged the convictions and sentenced the Defendant as a Range I offender to ten years in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court erred when it: (1) admitted the Defendant's tape recorded confession to his daughter; (2) limited the scope of an expert witness's testimony regarding the Defendant's susceptibility to suggestion; and (3) disallowed the expert witness's testimony regarding the interview techniques used during the victim's forensic interview. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/patet_112211.pdf
STATE OF TENNESSEE v. BRYANT KELLY PRIDE

Court: TCCA

Attorneys:

Katherine L. Tranum, Kingsport, Tennessee for the Appellant, Bryant K. Pride.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General, and Joseph E. Perrin, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Sullivan County jury convicted the Defendant, Bryant Kelly Pride, of two counts of the sale of 0.5 grams or more of cocaine and two counts of the delivery of 0.5 grams or more of cocaine. The trial court sentenced the Defendant to serve an effective sentence of thirty-six years in the Department of Correction. On appeal, the Defendant contends that: (1) there is insufficient evidence to sustain his convictions, (2) the trial court erred when it denied the Defendant's motion to dismiss the indictments for the State's failure to provide the Defendant a speedy trial, (3) the trial court improperly allowed the State's expert witness to testify without proper notice to the Defendant, and (4) the Defendant's sentence is excessive. After a thorough review of the record and the applicable law, we affirm the trial court's judgments.

http://www.tba2.org/tba_files/TCCA/2011/prideb_112211.pdf
TODAY'S NEWS
TBA in the News
Legal News
General Assembly News
Passages
TBA Member Services
TBA in the News
Happy Birthday Mr. President
It might be fun to call out TBA President Danny Van Horn on his monumental birthday today, but TBAToday policy has never been to cast a spotlight on such events that might bring about razzing or a rash of congratulatory calls and emails. So, there will be no special news of Van Horn's 40th birthday in TBAToday, and he will be able to enjoy a quiet and peaceful birthday.
Legal News
Baumgartner records to remain sealed
Special Judge Jon Kerry Blackwood today rejected the Knoxville News Sentinel's push to have records involving former Knox County Judge Richard Baumgartner unsealed. Blackwood ruled that because the records have not yet been entered into evidence by the former defendants now seeking new trials, release of the files would be premature. After the paper's attorney argued that the only person being protected by sealing the records is Baumgartner, Blackwood stated there are "innocent people" who would be hurt by the disclosure because the file contains unsupported allegations unrelated to Baumgartner's confessed misconduct.
Learn more from the paper
New judge appointed in sheriff's case
Tennessee Supreme Court Chief Justice Cornelia A. Clark has appointed Senior Judge Jon Kerry Blackwood to oversee the case against Unicoi County Sheriff Kent Harris, who has been charged with six counts of official misconduct and one count each of tampering with evidence, criminal simulation, theft over $1,000 and attempted aggravated assault. Criminal Court Judge Lynn W. Brown was scheduled to hear the case. Clark said the move was taken "in the interest of the efficient and orderly administration of justice."
The Johnson City Press has more
Mediation fails in ACLU, school lawsuit
Attempts to resolve a federal lawsuit filed by the American Civil Liberties Union (ACLU) against the Sumner County Board of Education through mediation have failed. The ACLU has accused the board of promoting Christianity at several schools in the district. Both sides met with U.S. Magistrate Judge Juliet Griffin on Oct. 28 but failed to reach a settlement. U.S. District Judge Kevin Sharp, who will oversee the trial, has set the case for June 2012, but has not decided yet whether it will be a bench or jury trial.
The Tennessean reports
Littlefield to sue if council moves to oust him
Chattanooga Mayor Ron Littlefield is prepared to sue the city council if it attempts to oust him, according to the Times Free Press. Hal North, Littlefield's attorney, said he has prepared paperwork seeking an injunction if the council makes any move toward removing the mayor from office. The city council met today to discuss whether to hire an outside attorney to study the city charter and advise council members as a possible recall election looms in August.
Read more from the paper
Russian adoption case will be open to the public
The World Association for Children and Parents is suing Shelbyville mother Torry Hansen for child support, after she "caused an international uproar" by returning her adopted son to his native Russia. On Monday, the judge in the case ruled that the proceedings would be open to the public and media. Frank Gibson, public policy director of the Tennessee Press Association and founding director of the Tennessee Coalition for Open Government, praised the decision to open the "historic proceedings."
The Times Free Press has more
Kentucky's chief disciplinary counsel fired
The Kentucky Bar Association's (KBA) chief disciplinary counsel Linda Gosnell, who investigated the state's fen-phen scandal and won the disbarment of several lawyers, has been ousted from her position. Asked by a reporter why she was forced out, Gosnell said in a phone interview Monday night, "You'll have to ask the KBA. I'm not going to talk to you." KBA President Margaret Keane also declined to elaborate.
Read more in the Courier Journal
Opinion: Judges should dress for neutrality
Former attorney general Paul Summers writes in today's Tennessean that judges -- like referees -- should wear stripes to remind themselves and everyone else that they are not players in the game, but neutral arbiters of the rules. He writes: "Just like in sports, the job of the judge is to make sure that the trial is played out fairly and ethically, regardless of the outcome." He continues, "If you're not talking about the judge but about the case and the litigants, that means it was tried fairly. If you're talking about the judge, then something went wrong."
Read the full opinion piece
General Assembly News
Memphis lawmaker working on redistricting alternative
As Republicans continue to draw new state legislative districts in private, Rep. G.A. Hardaway, D-Memphis, says he'll introduce alternative redistricting plans that would increase the number of majority black voting districts in Shelby County from nine to 10. In addition, Hardaway and his supporters are sponsoring town hall meetings to educate voters and preparing for a possible lawsuit against the Republican plan under the Voting Rights Act.
The Commercial Appeal reports
Passages
Former Justice official dies
Retired U.S. Justice Department official John C. Keeney, the longest-serving federal prosecutor in U.S. history, died Nov. 19 at the age of 89. Announcing the news yesterday, U.S. Attorney General Eric Holder said Keeney served with dedication, integrity and an unshakeable commitment to the rule of law, and that his contributions to federal law enforcement were beyond measure.
The Bristol Herald Courier has this AP report
Former Warren clerk dies
Michael Heyman, former chief law clerk to U.S. Supreme Court Chief Justice Earl Warren, died Monday at the age of 81. Heyman, a graduate of the Yale Law School, served in a variety of roles during his career, including chancellor of the University of California at Berkeley, law professor, city planner and counsel for the U.S. Department of the Interior. He also was the first nonscientist to lead the nation's Smithsonian Institution.
WKRN has this AP story
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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.
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