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| Tuesday, December 27, 2011 |
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Rep. Duncan: School's ABA denial is fault of economy
The man for whom Lincoln Memorial University's law school was named said he believes a national economy that has left young lawyers unable to repay taxpayer-backed student loans played a part in the school being denied partial accreditation by the American Bar Association.
U.S. Rep. John J. Duncan Jr., R-Knoxville, said as far as he knew, "the law school did everything right (and) got top ratings on just about everything. They're really a victim of the recession."
LMU filed a federal lawsuit Thursday against the ABA, claiming antitrust violations. The lawsuit said the accreditation was denied as a means of limiting the number of law schools and therefore the number of lawyers practicing across the country. Learn more from the News Sentinel.
In a related story, AmLaw Daily questions assertions made in a recent New York Times article that the cause of high law school tuition is the ABA itself.
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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.
01 - 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
03 - 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
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2011/certlist_122711.pdf
G. KENNETH CAMPBELL ET AL. v. JAMES E. HUDDLESTON ET AL.
Court: TCA
Attorneys:
Jennifer L. Chadwell, Oak Ridge, Tennessee, for the appellants, G. Kenneth Campbell and Teresa J. Campbell.
Kenneth W. Ward, Knoxville, Tennessee, for the appellees, James E. Huddleston and Patricia M. Huddleston.
Judge: SUSANO
James E. Huddleston and his wife, Patricia M. Huddleston ("the Sellers"), sold their house to G. Kenneth Campbell and his wife, Teresa J. Campbell ("the Buyers"). The Buyers inquired of the Sellers as to whether there had been flooding in the house. The Sellers disclosed that there had been one flood in the basement to a depth of six inches. During the course of some later renovations, the Buyers became aware the Sellers had indicated, on a wall stud, that there had been a 1998 flood in the basement to a depth of 38 inches. They also learned the Sellers had made an insurance claim for another flood in 2003 that was
nearly one-foot deep. The Buyers filed this tort action sounding in fraudulent concealment and fraudulent misrepresentation. The Sellers filed a motion for summary judgment asserting that, since the Buyers were made aware of the one "six inch" flood, they could not have relied on the misrepresentations with respect to the full extent of the two flooding events. The trial court granted the motion and dismissed the case. The Buyers appeal. We vacate the order granting summary judgment and remand for further proceedings before a different trial judge.
http://www.tba2.org/tba_files/TCA/2011/campbellg_122711.pdf
MICHAEL SHANE BENSON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Michael Shane Benson, Pikeville, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; and William H. Cox, III, District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The petitioner, Michael Benson, proceeding pro se, appeals the Hamilton County Criminal Court's denial of his petition for habeas corpus relief. On July 5, 2000, the petitioner pled guilty to one count of rape of a child in the Hamilton County. He now claims this conviction
is void, and the State agrees, because the judgment of conviction does not contain the mandatory community supervision for life provision as required by law. The remedy he seeks is to require the State to honor its original plea agreement, which did not include the
provision, even though it will result in an illegal sentence. After careful review, we conclude that the petitioner is correct and has a valid claim, but he has cited to no authority authorizing the relief he seeks. Therefore, we must deem that this issue is waived. Contrarily, the State requests that this court reverse the actions of the habeas corpus court in denying relief and
that we remand with instructions to the court to summarily amend the judgment of conviction to provide for the mandatory community supervision for life provision. However, after review, we deem it proper to reverse and remand to follow the instructions contained herein.
http://www.tba2.org/tba_files/TCCA/2011/bensonm_122711.pdf
DANIEL DECKER v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Robin Ruben Flores, Chattanooga, Tennessee, for the appellant, Daniel Decker.
Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; William H. Cox, III, District Attorney General; and Brian Finlay, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The petitioner, Daniel Decker, appeals the Hamilton County Criminal Court's denial of his petition for post-conviction relief. The petitioner was convicted by a jury of one count of first-degree premeditated murder and is currently serving a sentence of life without the
possibility of parole. On appeal, he contends that the post-conviction court erred in denyinghis petition because the proof presented established that he was denied his right to the effective assistance of counsel. More specifically, the petitioner alleges that the post-conviction court erred in multiple aspects, specifically: (1) that the court held that an expert
witness had the duty and burden to present her opinions more completely at trial; (2) that the court erred by admitting a letter written by the petitioner to trial counsel after the conviction; (3) that the court should have recused itself in the matter; (4) denying relief because the petitioner met his burden of proof under the Strickland standard to establish ineffective
assistance of counsel; (5) that the court erred by not reviewing trial counsel's performance under the Cronic standard; and (6) that the court erred by failing to address all issues raised by the petitioner in its order denying relief. Following our review of the record, we find no error and affirm the denial of the petition.
http://www.tba2.org/tba_files/TCCA/2011/deckerd_122711.pdf
STATE OF TENNESSEE v. JOSEPH MICHAEL HARDEN
Court: TCCA
Attorneys:
C. Brad Sproles, Kingsport, Tennessee, for the Defendant-Appellant, Joseph Michael Harden.
Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Senior Counsel; H. Greeley Wells, Jr., District Attorney General; and D. Adam Moore, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
The Defendant-Appellant, Joseph Michael Harden, appeals the Sullivan County Criminal Court's order granting the forfeiture of his automobile. The forfeiture proceedings were instituted pursuant to Tennessee Code Annotated sections 40-33-101 through -111 following
his guilty pleas to aggravated robbery, a Class B felony, and conspiracy to commit aggravated robbery, a Class C felony. On appeal, Harden argues that the trial court abused its discretion in granting the forfeiture because the delay in the institution of forfeiture proceedings constituted a violation of his due process rights. Upon review, we determine that Harden does not have an appeal as of right under Tennessee Rule of Appellate Procedure 3(b). Accordingly, we dismiss the appeal.
http://www.tba2.org/tba_files/TCCA/2011/hardenj_122711.pdf
STATE OF TENNESSEE v. TODD JOSEPH SWEET a/k/a JAMIE LEE TURPIN
Court: TCCA
Attorneys:
Robert L. Jolley, Jr., Knoxville, Tennessee, for the Appellant, Todd Joseph Sweet.
Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Steven Bebb, District Attorney General, and Paul Rush, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
A Monroe County jury convicted the Defendant, Todd Joseph Sweet, of theft greater than $10,000, and the trial court sentenced him to six years in the Tennessee Department of Correction, to be served consecutively to a sentence he received in a separate case, case
number 08-081. In this appeal, the Defendant contends: (1) the trial court improperly denied his motion to dismiss for the State's failure to comply with the Interstate Compact on Detainers; (2) the trial court improperly refused to remove for cause a juror who had previous knowledge of other crimes the Defendant allegedly committed; (3) the State failed to comply
with Tennessee Rule of Criminal Procedure 16 when it failed to provide the Defendant's trial counsel with letters written by the Defendant and intercepted by the Monroe County Sheriff's Department; (4) the State failed to disclose exculpatory evidence; (5) the trial court
improperly admitted evidence that the Defendant had committed other crimes; (6) the trial court improperly denied the Defendant's motion for a mistrial; (7) the trial court improperly instructed the jury; (8) the trial court improperly denied the Defendant's Motion to Strike the State's Notice of Impeachment; (9) the evidence was insufficient to support his conviction;
and (10) the trial court improperly sentenced the Defendant to the maximum sentence within his range and improperly ordered that his sentence run consecutively to a sentence he had previously received in a separate case. After a thorough review of the record and relevant authorities, we conclude that there exists no error in the trial court's judgment. We therefore affirm the judgment and sentence.
http://www.tba2.org/tba_files/TCCA/2011/sweett_122711.pdf
Senior Drivers
TN Attorney General Opinions
Date: 2011-12-27
Opinion Number: 11-80
http://www.tba2.org/tba_files/AG/2011/ag_11_80.pdf
Authority of the State Board of Education to Set Compensation
TN Attorney General Opinions
Date: 2011-12-27
Opinion Number: 11-81
http://www.tba2.org/tba_files/AG/2011/ag_11_81.pdf
Tennessee State Guard Entitlement to Unpaid Leave of Absence
TN Attorney General Opinions
Date: 2011-12-27
Opinion Number: 11-82
http://www.tba2.org/tba_files/AG/2011/ag_11_82.pdf
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| TODAY'S NEWS |
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Legal News
TennBarU CLE
Passages
Disciplinary Actions
TBA in the News
TBA Member Services
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| Legal News |
| State resolves municipal derivative contract issue |
| Tennessee Attorney General Bob Cooper and 26 other state attorneys general announced a $34.25 million agreement with GE Funding Capital Market Services Inc. (GEFCMS) as part of an ongoing nationwide investigation of alleged anticompetitive and fraudulent conduct in the municipal bond derivatives industry.
As part of the multistate agreement, GEFCMS has agreed to pay $30 million in restitution to affected state agencies, municipalities, school districts and not-for-profit entities nationwide that entered into municipal derivative contracts with GEFCMS between 1999 and 2005. The deal could net Tennessee agencies just over $742,000 in payments. |
The Tennessean has this story
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| Opinion: Politicians need to understand 'school prayer' |
| Charles C. Haynes from the First Amendment Center sets the record straight about prayer in schools, even as
Texas Gov. Rick Perry's campaign is proclaiming there's "something wrong in this country when gays can serve openly in the military, but our kids can't openly celebrate Christmas or pray in school."
Haynes points out that "advocating for 'school prayer' is, of course, a poll-tested winner for politicians seeking to stir voter outrage," but that much of the vote-getting hype is simply not true. |
The Memphis Daily News carried the column
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| South Carolina voter ID law won't fly |
| The Justice Department on Friday rejected South Carolina's law requiring voters to show photo identification at the polls, saying it makes it harder for minorities to cast ballots. It was the first voter ID law to be refused by the federal agency in nearly 20 years. |
The Tennessean carried this AP story
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| Editorial: Uphold Arizona law |
| In an editorial, the Times Free Press writes that the U.S. Supreme Court should uphold Arizona's immigration law. |
Read the editorial
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| Sequatchie Courthouse is 100 |
| The Sequatchie County Courthouse -- built in 1911 for $12,000 -- recently had its 100th anniversary. The building, remodeled under historical restrictions in 1986, is listed on the National Register of Historic Places.
The county's justice center handles the bulk of trials and court cases now, but the courthouse still hosts high-profile and bigger cases, 7th District County Commissioner Ray Hobbs said. |
The Times Free Press has the story and a picture
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| TennBarU CLE |
| Ring in the new year with all your CLE credits |
| You can still get all 15 hours
of the CLE you need for 2011 this week at the Tennessee Bar Center in Nashville. Doors open at 7 a.m. on Tuesday, Dec. 27, and
stay open until 7 p.m. each day through Friday, Dec. 30, providing 11 hours of general and dual credit CLE every day.
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Learn more
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| Passages |
| Man behind landmark privacy rights ruling dead |
| A Texas man, John G. Lawrence, one of two whose case led to a landmark U.S. Supreme Court ruling that granted privacy rights to gay men and lesbians has died at age 68.
In an opinion for the court majority, Justice Anthony M. Kennedy wrote that the two men "are entitled to respect for their private lives. The state cannot demean their existence or control their destiny by making their private sexual conduct a crime."
At the time, Lawrence said "this ruling lets us get on with our lives and it opens the door for gay people all over the country." |
WKRN.com carried this AP story
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| Disciplinary Actions |
| Memphis lawyer suspended |
| On Dec. 19, the Supreme Court of Tennessee suspended Memphis lawyer Etandra Fenae Douglas for four years -- some of which is retroactive and some probation -- pursuant to Rule 9, Section 4.2, of the Rules of the Supreme Court. She pleaded guilty to Theft of Property Over $1,000, in violation of Tennessee Code Annotated 39-14-103. As a result, she was placed on diversion for two years with the requirement that she complete 50 hours of unpaid community service and payment of costs in the matter. Douglas' actions violated Rule 8, Section 8.4 (misconduct), of the Rules of the Supreme Court. |
Download the BPR release
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| Nashville lawyer on disability inactive status |
| By order of the Tennessee Supreme Court entered Dec. 19, the law license of Nashville lawyer Mark Christopher Sevier was transferred to disability inactive status pursuant to Section 21 of Tennessee Supreme Court Rule 9. |
Download the BPR release
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| TBA in the News |
| Van Horn: Access to justice is core of what we do |
| Tennessee Bar Association President Danny Van Horn told the Memphis Daily News recently that there
is "a drastic and dire need for us to step up" to provide pro bono for those who need it.
"Access to justice has to be at the core of what we do as an organized bar." The story details the state Supreme Court's new website, JusticeForAllTN.com, and how Memphis Area Legal Services Inc. is stepping up its annual fundraising drive and is hoping to raise more than usual to recover a cut from the federal government. |
Read the story
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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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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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