McMinn County lawyer Paul Donald Rush was publicly censured on Dec. 27, 2013, for intentionally soliciting from a prosecution witness a statement that had been prohibited by court order prior to trial. The Board of Professional Responsibility also found that Rush failed to report the misconduct though being ordered to do so by the trial court. Download the BPR notice.

The January Journal shows you the many ways there are for you to do pro bono work -- it's easy to choose one and begin. You'll be inspired by the stories of the TBA's Public Service Award winners and other access-to-justice-related stories. Also in this issue, Brian Faughnan walks you through the new Tennessee Supreme Court Rule 9.

Appellant, Cassie Chapman, was indicted by the Sullivan County Grand Jury for two counts of theft over $1,000 and one count of aggravated burglary. She pled guilty to the charges and agreed to a three-year sentence for one count of theft, a two-year sentence for the second count of theft, and a three-year sentence for aggravated burglary.

The Petitioner, Tom Perry Bell, filed a petition for post-conviction relief attacking his guilty- pleaded conviction for burglary and resulting eight-year sentence. The post-conviction court denied relief following an evidentiary hearing, finding that the Petitioner had failed to prove his allegations by clear and convincing evidence. In this appeal as of right, the Petitioner contends that trial counsel was ineffective at sentencing principally by failing to discover or challenge several errors in the presentence investigation report regarding his criminal history.

A Shelby County Grand Jury returned an indictment against Defendant, James Johnson a.k.a. Guy Bonner, charging him with aggravated burglary, theft of property more than $500 but less than $1,000, and resisting arrest. Following a jury trial, Defendant was convicted of aggravated burglary, theft of property less than $500, and resisting arrest. The trial court imposed a sentence of 11 months, 29 days each for the theft conviction and the resisting arrest conviction and fifteen years as a persistent offender for aggravated burglary.

This is a post-divorce case. Jimmy Glenn Fields (“Husband”) appeals the trial court’s order (1) denying his motion for a reduction in alimony and (2) granting the counter-motion of Rene Annette Fields (“Wife”) for an increase in alimony. Following a bench trial, the court held that Husband had failed to demonstrate his inability to return to work as a material change in circumstances justifying a decrease in his court-ordered alimony obligation of $1,100 a month.

Earlene Gregory brought this action against Michael Melhorn and his wife, Cynthia Melhorn, sellers of a house and real estate, alleging that the defendants falsely stated in their Tennessee Residential Property Disclosure statement that they were unaware of any defects in the exterior walls or basement or any flooding or drainage problems.

Winston Payne brought this action against his former employer, CSX Transportation, Inc., under the Federal Employers’ Liability Act (“FELA”), alleging that CSX negligently exposed him to asbestos, diesel fumes, and radioactive materials in the workplace causing his injuries.1 The jury returned a verdict finding (1) that CSX negligently caused Payne’s injuries; (2) that CSX violated the Locomotive Inspection Act or safety regulations regarding exposure to asbestos, diesel fumes, and radioactive materials; and (3) that Payne’s contributory negligence caused 62% of the harm he suffered.

On Dec. 26, Nashville lawyer Edward Kindall was suspended from the practice of law for one year retroactive to May 12, the date he was transferred from disability inactive status to active status. The Tennessee Supreme Court found that Kindall failed to establish internal policies and procedures designed to provide reasonable assurance that his non-lawyer assistant acted in a way compatible with the Rules of Professional Conduct. The court also found that he failed to properly supervise the assistant. Download the BPR notice.

Memphis lawyer Linda Kaye Kendall Garner was publicly censured on Dec. 26 for entering into a contingent fee agreement without putting it in writing and failing to diligently pursue her client's case. Download the BPR notice.