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| Thursday, December 08, 2011 |
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ABA calls for halt to executions in Kentucky
The American Bar Association has recommended that Kentucky indefinitely halt all executions after a study showed a high rate of convictions being reversed, no standard for attorneys handling capital cases and few protections against executing the mentally disabled. The report was conducted as part of the ABA's Death Penalty Moratorium Implementation Project, which has examined eight other states since 2001, including Tennessee. The project calls for a nationwide moratorium on executions while problems are addressed.
Meanwhile in Pennsylvania, prosecutors abandoned their 30-year push to execute convicted cop-killer Mumia Abu-Jamal, the former Black Panther whose supporters claim he was the victim of a biased justice system.
The News Sentenal carried the story
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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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and save a plain-text version of the opinion.
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IN RE: THE ESTATE OF FRANKLIN STEADMAN MURDAUGH, BARBARA MURDAUGH WARNER v. RUDY W. YOUNG
Court: TCA
Attorneys:
J. Colin Morris, Jackson, Tennessee, for the appellant, The Estate of Rudy W. Young.
Mark S. McDaniel, Memphis, Tennessee, for the appellee, Barbara Murdaugh Warner.
Judge: STAFFORD
This case arises from a will contest. Appellant, the executor and sole beneficiary of the contested will, appeals the trial court's finding that Appellant did not met his burden to rebut, by clear and convincing evidence, the presumption of undue influence based upon the existence of a confidential relationship between Appellant and Decedent. Finding no error,
we affirm.
http://www.tba2.org/tba_files/TCA/2011/murdaughf_120811.pdf
PRIME LOCATIONS, INC. v. SHELBY COUNTY AND THE CITY OF MEMPHIS
Court: TCA
Attorneys:
Murray B. Wells, Memphis, Tennessee, for the appellant, Prime Locations, Inc.
Kelly Rayne, Shelby County Attorney, and Robert B. Rolwing, Assistant County Attorney, Memphis, Tennessee, for the Appellee, Shelby County
Lori H. Patterson and Quinn N. Carlson, Memphis, Tennessee, for the Appellee, The City of Memphis, Tennessee.
Judge: FARMER
The trial court entered judgment in favor of Defendants Shelby County and the City of Memphis upon determining that, under Tennessee Code Annotated section 37-7-210, Defendants have authority to regulate billboards pursuant to private acts applicable to Memphis and Shelby County. Plaintiff appeals. We affirm entry of a judgment in favor of Defendants on
the grounds of standing and ripeness.
http://www.tba2.org/tba_files/TCA/2011/primelocations_120811.pdf
STATE OF TENNESSEE v. TIMOTHY BRYANT BURTON
Court: TCCA
Attorneys:
James O. Martin, III, Nashville, Tennessee, and Andrew Jackson Dearing, Assistant Public Defender, Shelbyville, Tennessee, for the appellant, Timothy Bryant Burton.
Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Charles Crawford, District Attorney General, and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
Appellant, Timothy Bryant Burton, appeals his Bedford County conviction for violation of the sex offender registry and the State's use of his prior convictions to establish his status as a violent sex offender. After a review of the record, we conclude that Appellant failed to timely register with a law enforcement agency within forty-eight hours of his change of residence in violation of Tennessee Code Annotated section 40-39-203 or, in other words, that the evidence was sufficient to support the conviction. Additionally, Appellant waived
any issue with regard to the admission of evidence by failing to object at trial or raise the issue in a motion for new trial and is not entitled to plain error review. As a result, the judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2011/burtont_120811.pdf
STATE OF TENNESSEE v. DERRICK LAMONT PARRISH
Court: TCCA
Attorneys:
LaShawn A. Williams, Memphis, Tennessee, for the appellant, Derrick Lamont Parrish.
Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Charles Crawford, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
Following his guilty pleas to nine felonies, the appellant, Derrick Lamont Parrish, received a total effective sentence of sixteen and one-half years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the length of the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/parrishd_120811.pdf
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| TODAY'S NEWS |
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Legal News
TBA Member Services
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| Legal News |
| Governor says keep Sunshine Law as is |
| Gov. Bill Haslam told reporters after a speech in Nashville this morning that he sees little reason to overhaul the current Sunshine Law. But Haslam acknowledged that it's difficult to explain why local governments fall under the open meetings act while the state Legislature does not. |
Tom Humphrey writes about it
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| Editorial: Baumgartner could have been stopped sooner with database |
| In an editorial, the News Sentinel calls the aftermath of former Judge Richard Baumgartner's addiction a "judicial nightmare," and says it could have been avoided if doctors and pharmacists were required to consult the state Board of Pharmacy's database before writing and filling prescriptions.
The paper calls for the
legislature to address the drug "epidemic by forcing medical professionals to use the existing database and requiring pharmacists to report suspected doctor shoppers to authorities." |
Read the editorial
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| Law Profs: Amazon deal likely unconstitutional |
| Two law professors are arguing that concessions Amazon.com recently won from
South Carolina and Tennessee before finalizing deals to open new warehouses
in the states are likely a violation of the commerce clause. The concessions
included a delay in collecting sales tax from in-state customers, which
according to the professors, likely discriminates against out-of-state
retailers that can't operate in the state without collecting sales tax.
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Read more in the Memphis Daily News
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| Sumner and ACLU reach agreement over school prayer |
| The Sumner County Board of Education has settled a lawsuit with the American Civil Liberties Union over teacher-led prayer and other religious activity in public schools. From now on, teachers will not be allowed to pray with students, lead Bible study on school grounds, display crosses or other religious imagery in the classroom or otherwise engage in religious activities on public school property. |
The Tennessean reports
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| Chumney files for district attorney general |
| Former state Representative Carol Chumney was expected to file for the office of District Attorney General, the Memphis Flyer reported today.
Chumney would become the first Democrat to commit herself and the first known challenger to incumbent Republican Amy Weirich for the seat. |
Read the Flyer's story
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| New trial granted because of juror tweets |
| A juror's tweets during an Arkansas trial were enough to convince the Arkansas Supreme Court to reverse the murder conviction of a death-row inmate and order a new trial. At the original trial, Erickson Dimas-Martinez's lawyer had asked that a juror who tweeted about the trial, as well as a juror who fell asleep, be replaced. A judge denied the request. |
The Wall Street Journal explores
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| Former Metro attorney indicted |
| Bobby Dean Davis, a former attorney for Metro Nashville's Industrial Development Board, has been indicted on a felony charge of theft related to a controversy three years ago over $150,000 in missing board funds. An arraignment date has not been set. |
The Tennessean has the story
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| Judge: Bloggers are not journalists |
| A federal judge in Oregon has ruled that a Montana woman sued for defamation was not a journalist when she posted online that an Oregon lawyer acted criminally during a bankruptcy case, a decision with implications for bloggers around the country. |
WSMV has this AP story
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| More issues for Sandusky's lawyer |
| Jerry Sandusky's arrest on additional child sex-abuse charges presents him with a new challenge -- how to assist his lawyer from behind bars in what was already a complicated case to defend.
"You really prefer to have your client available to you at all times," said William Manifesto, a longtime Pittsburgh defense attorney not involved in the case. "The most difficult thing for counsel, for anyone who's in jail, is the ability to communicate." |
The Jackson Sun carried this AP story
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| Panel finds 'desperate' need for new justice facilities |
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A committee established by the Monroe County Commission to study the need
for a new jail or justice center has found a "desperate" need for a new
facility, saying that the current crowded courtrooms are creating a
potentially dangerous situation. However, since a new jail could cost $12
million and a justice center could cost twice that much, the committee has
gone as far as it can go without further guidance from the commission. "We
are just spinning our wheels," said Sessions Court Judge Reed Dixon, who
serves as committee vice chairman. "We need direction from the county
commission."
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The Advocate & Democrat reports
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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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