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Wednesday, December 07, 2011

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Lawmakers discuss drug testing for judges

In the wake of news that former Judge Richard Baumgartner was abusing drugs while presiding over high-profile murder trials, state legislators are beginning to discuss whether judges should be subject to drug testing. At a recent Knoxville event, Sen. Stacey Campfield, R-Knoxville, argued that "a four dollar drug test is cheaper than millions of dollars in re-courtcasing." Others, however, expressed concern. Sen. Becky Duncan, R-Knoxville, warned against regulating all judges because of the actions of one, while Sen. Randy McNally, R-Oak Ridge, suggested that such a policy would require testing on every day of a trial, as well as testing others in the courtroom, such as the defense attorney, to be fair.

WBIR News has the details

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.

ROBERT BRIGHT v. SHOUN TRUCKING COMPANY, INC.

Court: TWCA

Attorneys:

Pamela B. Johnson and Adam F. Rust, Knoxville, Tennessee, for the appellant, Shoun Trucking Company, Inc.

Jack M. Vaughn, Kingsport, Tennessee, for the appellee, Robert Bright.

Judge: WADE

Pursuant to Tennessee Supreme Court Rule 51, this workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee, a truck driver, filed suit for benefits, alleging that he developed bilateral rotator cuff tears and carpal tunnel syndrome as a result of his job responsibilities. His employer contended that his injuries were not related to his employment. At the conclusion of the evidence, the trial court found in favor of the employee and awarded 50% permanent partial disability to the body as a whole. The employer has appealed, contending that the evidence preponderates against the trial court's findings (1) that the injuries arose out of and in the course of employment, and (2) that five times the medical impairment was appropriate under the circumstances. Because the evidence does not preponderate against the findings of the trial judge, the judgment is affirmed.

http://www.tba2.org/tba_files/TSC_WCP/2011/brightr_120711.pdf

STATE OF TENNESSEE v. JERRY MCGAHA

Court: TCCA

Attorneys:

Carter S. Moore, Newport, Tennessee, for the appellant, Jerry McGaha.

Robert E. Cooper, Jr., Attorney General and Reporter, Nicholas W. Spangler, Assistant Attorney General; James Dunn, District Attorney General, and Browlow Marsh, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Jerry McGaha, pled guilty in the Cocke County Circuit Court to nine counts of rape of a child. He was sentenced to twenty-five years on each count. After imposing consecutive sentences, Petitioner received an effective sentence of fifty years. After his direct appeal to this Court, his effective sentence was reduced to forty-six years. State v. Jerry McGaha, No. E2001-01547-CCA-R3-CD, 2002 WL 499273, at *1 (Tenn. Crim. App., at Knoxville, Apr. 3, 2002). After a delayed appeal to the supreme court, which was achieved through the filing of a petition for post-conviction relief, Petitioner filed a subsequent petition for post- conviction relief arguing that trial counsel was ineffective for failing to raise the issue that the enhancement of his sentence was illegal under Apprendi v. New Jersey, 530 U.S. 466 (2000). The post-conviction court denied the petition. On appeal, Appellant argues that he was afforded ineffective assistance of counsel because trial counsel failed to raise Apprendi. We conclude that he must fail on this issue because at the time of the sentencing hearing our supreme court had held that Apprendi did not affect the Tennessee sentencing scheme. Therefore, trial counsel could not be ineffective for failing to raise the issue. Petitioner also argues that it was plain error for the trial court to not raise Apprendi. Because this issue was not a basis for relief included in his petition, this issue is waived. Therefore, we affirm the post-conviction court's denial of the petition for post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2011/mcgahaj_120711.pdf

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Bar association holds memorial service Friday

The Rutherford and Cannon Counties Bar Association (RCCBA) will hold its annual memorial service Friday at noon to recognize local attorneys and judges who passed away in 2011. The service will take place on the second floor of the Historic Rutherford County Courthouse. This year, the bar association will recognize Judge James K. Clayton Jr., who died May 3 after serving on the bench for 34 years. Attorneys and judges are welcome to attend. For more information contact RCCBA President Tommy Santel.

Legal News

Metro considers naming court library for Ruben

The Nashville Metro Council considered an ordinance yesterday that would name the General Sessions Court's judicial library in honor of the late Judge Leon Ruben, who served on the bench for 30 years and was well known for his work in the community. Ruben died in October after a long illness.

Learn more from WSMV TV 4

Littlefield weighs appeal of recall decision

Chattanooga Mayor Ron Littlefield is considering his next legal move after the Court of Appeals on Monday decided not to reconsider its ruling that a lower court was wrong in blocking the election commission from certifying a petition to oust him. According to the Times Free Press, Littlefield is now deciding whether to appeal that decision to the Supreme Court or file a new suit in circuit court. Littlefield said he continues to pursue the case to bring clarity to the city charter, whose recall language contradicts itself as well as Tennessee law.

Learn more from the paper

Drug task force staff may be charged in 2nd county

A Henry County Circuit Court judge postponed action this week against two former employees of the 24th Judicial Drug Task Force who have been indicted on charges of theft and giving false statements to auditors. Judge Donald Parish suggested that if the two are also charged in Carroll County, a joint scheduling order could be requested that would allow all cases to be dealt with at once. The Carroll County grand jury is scheduled to meet in January.

The Paris Post Intelligencer has more on the story

Lawyers named to city leadership program

Nashville Emerging Leaders has named 30 young professionals to its 2012 annual leadership training program. Lawyers among the group are Joseph Dickson, HealthTrust Purchasing Group LP/HCA; Jessica Patrick, Ogletree, Deakins, Nash, Smoak & Stewart; Gabe Roberts, Sherrard & Roe; Lauren Roberts, Stites & Harbison; Hans Schmidt, Baker Donelson Bearman Caldwell & Berkowitz; Dannelle Walker, State Board of Education; and Anna Williams, Special Counsel Inc. Also named to the group was Susanne Bennett, client advocate and educator with the Tennessee Justice Center.

See the full class list in the Nashville Business Journal

County attorney joins mayor's staff

Christy Kinard has spent the last four years as assistant county attorney for the Shelby County Commission, serving as parliamentarian and drafting charter amendments, including the first proposed consolidation charter to go before voters in 39 years. This week, her duties expanded to include serving on Shelby County Mayor Mark Luttrell's staff as legislative affairs adviser. She will represent the mayor locally and before the Tennessee legislature.

The Memphis Daily News looks at her expanded role

Congressional News

Senate blocks D.C. appeals court nominee

Senate Republicans have blocked a vote on President Obama's choice for a seat on the federal appeals court in Washington, D.C. The move derailed the nomination of Caitlin Halligan, a New York lawyer who Democrats contend is a moderate nominee and who had won praise from some conservatives. But most Republicans said they were concerned about Halligan's record on gun rights and terrorism detainee issues. The chamber fell six votes short from breaking a filibuster.

WREG-TV Memphis reports

U.S. Supreme Court

Court declines review of separation case

The U.S. Supreme Court on Monday declined to review a lower court ruling that religious groups cannot use public school facilities for worship services outside of normal school hours. The decision left standing an appeals court ruling that allowing church services in schools would violate separation of church and state. The Supreme Court declined the case without comment.