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| Friday, February 03, 2012 |
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Memphis Bar launches public education campaign
The Memphis Bar Association (MBA) this week launched a major public educational campaign on the importance of the rule of law and an independent judiciary. MBA President and Apperson Crump lawyer Gary Smith -- along with Baker, Donelson, Bearman, Caldwell & Berkowitz lawyer Tommy Parker and Burch, Porter & Johnson lawyer Porter Field -- have developed a program called "Law Rules: The Importance of the American Legal System." Over the coming months, MBA members will receive training and be sent out to speak to schools, churches, business groups, political organizations and civic entities. The program's creators say the MBA's goal is to complete 200 speaking engagements this year. To learn more about the program or to get involved contact MBA Executive Director Anne Fritz at afritz@memphisbar.org or (901) 527-3573, or visit the program's website.
The Memphis Daily News also provides an overview
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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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IN RE: ROBERT SADLER BAILEY
Court: TCA
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter, Joseph F. Whalen, Associate Solicitor
General and Warren A. Jasper, Senior Counsel, for the appellant, State of Tennessee.
Donald N. Capparella and Amy J. Farrar, Nashville, Tennessee, for the appellee, Robert
Sadler Bailey.
Judge: FARMER
This appeal arises from an action for criminal contempt. The trial court granted Defendant's
motion upon determining Defendant's right to a speedy trial was violated. The State appeals.
We affirm.
http://www.tba2.org/tba_files/TCA/2012/baileyr_020312.pdf
CHARLES EDWARD GRAHAM v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
J. Liddell Kirk, Knoxville, Tennessee for the appellant, Charles Edward Graham.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant
Attorney General; and Randell E. Nichols, District Attorney General, and TaKisha M.
Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
A Knox County jury convicted Petitioner, Charles Edward Graham, of reckless aggravated
assault, tampering with evidence, possession of marijuana, and failure to provide proof of
financial responsibility, and the trial court sentenced him to an effective sentence of twenty-seven
years. State v. Charles Edward Graham, No. E2005-02937-CCA-R3-CD, 2008 WL
199851, at *1, *4 (Tenn. Crim. App., at Knoxville, Jan. 24, 2008), perm. app. denied, (Tenn.
Sep. 15, 2008). Petitioner was unsuccessful on appeal to this Court. Id. at *1. Petitioner
subsequently filed a petition for post-conviction relief arguing that trial counsel rendered
ineffective assistance of counsel. After a hearing, the post-conviction court denied the
petition. Petitioner now appeals this denial. We determine that the post-conviction court's
denial was proper because trial counsel did not coerce or unduly influence Petitioner with
regard to his decision not to testify at trial; trial counsel was employing a reasonable trial
tactic by not requesting jury instructions on any lesser included offenses; and trial counsel
was not deficient with regard to attempting to obtain a plea bargain. Therefore, we affirm
the denial of the petition.
http://www.tba2.org/tba_files/TCCA/2012/grahamc_020312.pdf
MIKE SETTLE v. DAVID OSBORNE, WARDEN
Court: TCCA
Attorneys:
Mike Settle, Pro Se, Wartburg, Tennessee.
Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; and
Russell Johnson, District Attorney General, for the appellee, State of Tennessee.
Judge: SMITH
Petitioner, Mike Settle, appeals the habeas corpus court's dismissal of his petition for habeas
corpus relief in which he claimed that he was entitled to habeas corpus relief because his plea
agreement and sentences for crimes committed in 1999 in Madison County are void because
his sentence for escape was ordered to be served concurrently to a federal sentence in
violation of Tennessee Rule of Criminal Procedure 32(c)(3). Petitioner failed to follow the
mandatory procedural requirements for the valid filing of a petition for the writ of habeas
corpus. Therefore, we affirm the judgment dismissing the habeas petition.
http://www.tba2.org/tba_files/TCCA/2012/settlem_020312.pdf
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| TODAY'S NEWS |
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Election 2012
Legal News
Upcoming
Disciplinary Actions
TBA Member Services
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| Election 2012 |
| Sen. Haynes to retire |
| State Sen. Joe Haynes, D-Nashville, has decided to retire rather than seek re-election this fall, ending a 28-year Senate run. Haynes, 75, said the newly redrawn district by Republicans wasn't necessarily a factor in his decision. In a two-page statement, he said
his "family, a huge stack of unread books and a little-used fishing boat demand my attention now." |
The News Sentinel has more
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| Mayfield to join race for 3rd Congressional District |
| Scottie Mayfield, the president of the dairy company that bears his name, said he'll challenge U.S. Rep. Chuck Fleischmann in the 3rd Congressional District GOP primary. Mayfield, 61, joins a crowded Republican field looking to unseat Fleischmann. The other GOP challengers are businessman Ron Bhalla, political science professor Jean Howard-Hill and businessman Weston Wamp, the 24-year-old son of former congressman Zach Wamp. |
The Times Free Press reports
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| Legal News |
| ABA considers new judicial campaign contribution rules |
| A public hearing was held today at the American Bar Association's (ABA) Midyear Meeting in New Orleans to discuss proposed amendments to the ABA's Model Code of Judicial Conduct. Questions raised included whether law firms have to report judicial campaign contributions by their lawyers and staffers; if information about non-financial support, such as endorsements, should be reported; and whether judges should use that information to decide whether to recuse themselves. Paula Frederick, chair of the ABA Standing Committee on Professional Discipline, said the proposals are "very much a working draft" and revisions will be discussed in the coming months. |
The ABA Journal has more
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| Baumgartner retrial must have special prosecutor |
| Criminal Court Judge Mary Beth Leibowitz today said she had no choice but to call in special prosecutors to handle the case of a convicted rapist whose first trial was presided over by former judge Richard Baumgartner.
Leibowitz said District Attorney General Randy Nichols could not prosecute the case because he and several of his staff members were witnesses in the probe that led to Baumgartner's downfall.
The decision could have far-reaching consequences, particularly if the state continues to refuse to stipulate the contents of a Tennessee Bureau of Investigation file on Baumgartner as evidence.
It would mean that special prosecutors would be needed to handle any defendant's challenge of his or her conviction or sentence based on Baumgartner's misdeeds. |
The News Sentinel reports
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| Rep. John Lewis celebrates Dr. King legacy in Nashville |
| To honor Dr. Martin Luther King, Congressman and civil rights leader John Lewis spoke to more than 300 people Jan. 13, including original members of the Freedom Riders and participants from the Nashville sit-in movement, as well as attorneys, public officials and community leaders. Waller Lansden Dortch & Davis sponsored the event where the firm's Diversity Endowed Scholarship chair John C. Tishler awarded its scholarship to Meesha Kaw. The scholarship is awarded annually to a student at the University of Tennessee College of Law whose life has been guided by the examples of Dr. King.
In his speech, Lewis recalled his years in Nashville, attending Fisk University and being trained in non-violence. Through the sit-ins, he said "this city transformed a nation."
See pictures and listen to the speech.
Before the lunch, Rep. Lewis met with middle school students who were selected based on essays they submitted after studying the Civil Rights Movement. |
The Tennessean has more
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| Haslam urges mandatory jail for domestic violence |
| Tennessee Gov. Bill Haslam is calling for mandatory jail time for people
convicted of repeated domestic violence crimes. "You're talking about $8.7 to $9 million dollars extra money, and the overcrowding situation," says Washington County Sheriff Ed Graybeal. "it's going to be very difficult for us to handle it."
But Lynn Armstrong sees those victims daily and she believes that in the long run, mandatory jail time will save the state money.
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Read more on Tricities.com
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| Drug court adds programs for addicted mothers |
| The Shelby County Drug Court is expanding to begin treating drug-addicted mothers and offering them a chance to become drug free and possibly reunited with their drug-addicted newborns.
Called "Born Addicted," the pilot program will suspend criminal prosecution of the women's drug charges while they participate in an 18-month treatment program involving substance-abuse counseling, monitoring and education. |
The Commercial Appeal reports
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| Clark speaks to Greene County Drug Court graduates |
| Chief Justice Cornelia A. Clark was the keynote speaker at the Greene County
Drug Court Graduation ceremony in January. Clark, General Sessions Judge Kenneth
Bailey and others were there to celebrate the accomplishments of the drug
court graduates.
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Watch a video of Chief Justice Clark's remarks
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| Upcoming |
| Napier Looby to hold annual banquet Feb. 16 |
| The Napier Looby Bar Foundation will hold its 8th Annual Banquet and Awards program on Feb. 16 at the Sheraton Hotel in downtown Nashville. The event will feature a keynote address by former Michigan Supreme Court Justice Dennis Archer and a special presentation by the Tennessee State University Forensics Team.
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Get details and buy tickets
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| Disciplinary Actions |
| Memphis lawyer disbarred a second time |
| On Jan. 31, King Bethel Harris III of Memphis was disbarred by the Tennessee Supreme Court. He was previously disbarred on Jan. 19 in relation to another disciplinary matter. A hearing panel determined that Harris was involved with a business known as GreenCredit Law Center, which was engaged in the unauthorized practice of law in California. His actions violate the following Rules of Professional Conduct: 1.15(a) and (c), Safekeeping Property; 5.5, Unauthorized Practice of Law; 5.7, Responsibilities Regarding Law Related Services; and 8.1, Bar Admission and Disciplinary Matters. |
Download the BPR's release
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| Knoxville lawyer suspended |
| On Jan. 30, the Tennessee Supreme Court suspended the law license of Knoxville lawyer Kymberly Lynn Anne Haas for one year.
A hearing panel found she represented a client in General Sessions Court and signed and made bond for the client in violation of a state statue prohibiting an attorney from such conduct. Her actions violated Rules of Professional Conduct 8.1 (Disciplinary Matters) and 8.4 (Misconduct).
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Download the BPR release
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| TBA Member Services |
| Get Connected: Sign up for TBA Connect today |
| Hundreds of your colleagues have already joined in to the TBA's Social Networking platform for members called TBA Connect. This service provides many of the same features of sites such as LinkedIn or Facebook, but access is limited to members of the Tennessee Bar Association and approved guests. |
Join TBA Connect now
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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 2012 Tennessee Bar Association
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