'Super' and 'Best' lawyers can advertise they are on the list

The Board of Professional Responsibility has issued an Advisory Ethics Opinion, saying that lawyers may advertise if they were named to the "Best Lawyers in America" or "Super Lawyers" listings. It's OK, as long as the lawyer doesn't "go further and refer to themselves subjunctively as 'super' or 'the best,'" the BPR warns.

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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, 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 http://www.tba.org/getpassword.mgi.

02 - TN Supreme Court
01 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
00 - TN Court of Appeals
05 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
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00 - Formal Ethics Opinions - BPR

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. 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. 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. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

STATE OF TENNESSEE v. CLINTON BURNS, III

Court: TSC

Attorneys:

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; John H. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Steven Sworn, Assistant District Attorney General, for the Appellant, State of Tennessee.

Mark E. Stephens, District Public Defender, and Robert C. Edwards, Assistant Public Defender, for the Appellee, Clinton Burns, III.

Jerry P. Black, Jr., and Wade V. Davies, Knoxville, Tennessee, for the Amicus Curiae, Tennessee Association of Criminal Defense Lawyers.

Judge: CORNELIA A. CLARK

We accepted this appeal to determine whether a juvenile charged with being delinquent by virtue of having committed an offense which would be a felony if committed by an adult is entitled to a jury trial on appeal de novo to circuit court. We answer that question in the negative. Accordingly, we reverse the judgment of the Court of Appeals.

http://www.tba2.org/tba_files/TSC/2006/burnsc_092506.pdf


SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2006/certlist_092506.pdf


JENNIFER KELLY V. DOLLAR GENERAL CORPORATION

Court: TWCA

Attorneys:

William Steven Taylor, Memphis, TN, for the appellant, Jennifer Kelly.

Gregory Dean Jordan, John D. Stevens & Todd D. Siroky, Jackson, TN, for the appellee, Dollar General Corporation.

Judge: J. S. (Steve) Daniel

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal, the employee contends that the trial court erred in granting the employer's motion for summary judgment with regard to the employee's back injury claim based upon the expiration of the statute of limitations. The employee further contends that the trial court erred in dismissing her carpal tunnel claim at the conclusion of trial after finding that the claim was untimely and that the employee failed to provide the employer with proper notice. We conclude that the trial court erred in granting summary judgment regarding the employee's claim for her back injury because there are material issues of fact as to when the employee leaned of the nature and extent of her back injury and the relationship of the injury to her work activity. We further conclude that the employee met the statute of limitations and notice requirements with regard to her carpal tunnel injuries. Accordingly, we reverse the judgment of the trial court and remand the case to the trial court for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TSC_WCP/2006/kellyj_092506.pdf


STATE OF TENNESSEE V. DAVID MICHAEL ANDERSON, JR.

Court: TCCA

Attorneys:

William Arnold Cameron, Cookeville, Tennessee, Attorney for the Appellant, David Michael Anderson, Jr.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; William E. Gibson, District Attorney General; and Marty S. Savage, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: J.S. DANIEL

The appellant, David Michael Anderson, Jr., pleaded guilty to driving under the influence, first offense, and reserved, under Tennessee Rule of Criminal Procedure 37(b)(2)(i), a certified question of law dispositive of the case. The certified question of law is whether the officer in this case lacked reasonable suspicion to effect a seizure in stopping appellant and as a result the evidence seized should have been suppressed. Following our review, we agree with appellant, reverse the judgment of the trial court and dismiss the charge.

http://www.tba2.org/tba_files/TCCA/2006/andersond_092506.pdf


DEWAYNE R. CROSS. v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Mike A. Hickman, Maryville, Tennessee, for the appellant, Dewayne R. Cross

Paul G. Summers, Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Michael L. Flynn, District Attorney General; Rocky H.Young, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: ROBERT W. WEDEMEYER

The Petitioner, Dewayne R. Cross, was convicted of rape, and the trial court sentenced him as a violent offender to nine years in the Tennessee Department of Correction. He appealed, this Court affirmed the conviction, and the Petitioner filed a petition and two amended petitions for post-conviction relief. Following a hearing, the trial court dismissed the petitions. The Petitioner now appeals, contending that the post-conviction court erred when it found that the Petitioner received the effective assistance of counsel. Finding no reversible error, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/crossd_092506.pdf


JENALINE N. FISHER V. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the Appellee, State of Tennessee.

Ryan Craig Caldwell, Attorney for the Appellant, Jenaline Fisher

Judge: J. S. Daniel

Petitioner, Jenaline Fisher, contends that the trial court erred in failing to grant her post-conviction relief petition. She contends that the entry of her guilty plea to second degree murder was not knowingly and voluntarily entered. After a thorough review of the record, we affirm the trial court's dismissal of the post-conviction petition.

http://www.tba2.org/tba_files/TCCA/2006/fisherj_092506.pdf


STATE OF TENNESSEE v. PEGGY DALE HALLPlus correction.

Court: TCCA

Attorneys:

David Brady, John B. Nisbet, III, and April Craven, Cookeville, Tennessee, for the appellant, Peggy Dale Hall.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; William E. Gibson, District Attorney General; Dale Potter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: ROBERT W. WEDEMEYER

The Defendant, Peggy Dale Hall, was convicted of four counts of statutory rape, and the trial court sentenced her to an eight-year probationary sentence. A violation of probation warrant was subsequently issued, and the Defendant admitted violating the rules of her probation. On appeal, the Defendant contends that the trial court erred when, after revoking her probation, it ordered her to serve the balance of her eight-year sentence in prison. Finding that there exists no reversible error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/hallp_092506.pdf

Correction to opinion.
http://www.tba2.org/tba_files/TCCA/2006/hallp.corrected_092506.pdf


STATE OF TENNESSEE v. MATTHEW LEE ROGERS

Court: TCCA

Attorneys:

R. Alexander Brown, (at trial and on appeal), and Tom Slaughter, (at trial), Knoxville, Tennessee, for the appellant, Matthew Lee Rogers.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Randall E. Nichols, District Attorney General; and John Halstead, Kevin Allen and Joe Lodato, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: J.C. MCLIN

The defendant, Matthew Lee Rogers, was convicted by jury of aggravated arson. He was later sentenced to twenty years in confinement as a Range I, violent offender. The defendant now appeals, arguing: (1) the evidence is insufficient to convict him of aggravated arson; (2) the trial court erred in instructing the jury on aggravated arson and reckless burning; and (3) the trial court erred by not granting a new trial after one or more of the jurors consulted an electronic dictionary in order to ascertain the meaning of "structure" as it related to the offense of aggravated arson. After thorough consideration of the record and applicable law, we reverse the defendant's conviction and remand for a new trial.

http://www.tba2.org/tba_files/TCCA/2006/rogersm_092506.pdf


TODAY'S NEWS

Legal News
Supreme Court Watch
BPR Actions
TBA Member Services
Upcoming

Legal News
1Point Solutions lawsuits raise client concerns
Clients of a Dickson firm that bills itself as one of the largest health savings account providers in the country fear the company is headed for implosion amid mounting lawsuits accusing it of mishandling millions of dollars, the Associated Press reports. 1Point Solutions manages flexible-spending and employee retirement accounts. Over the past five months, the firm has been accused in lawsuits -- including at least two filed just last week -- of misappropriating or failing to deposit more than $7 million in clients' funds.
Read more at timesnews.net.
Get more salary by moving to right city
A report by the Bureau of Labor Statistics says the best paid law professors can be found in Nashville, and that the pay for Middle Tennessee's bailiffs is listed as second only to their New York City counterparts' salaries.
Find out the details in the Tennessean.
Both sides in lawsuit want summary judgement
Both sides in a $1.25 million lawsuit by a horse show contestant against the Tennessee Walking Horse National Celebration Association want a judge to rule that they won the case without a trial. While summary judgment requests aren't unusual, it's not every day that a civil complaint has a companion criminal case such as this one in which a jury found Alecia Cooper guilty of misdemeanors with the judge sentencing her to 48 hours of unsupervised probation.
Read more in the Shelbyville Times-Gazette.
Rhode Island AG says he opposed club fire deal
After 100 people were killed in a nightclub fire three years ago, Attorney General Patrick Lynch promised to prosecute the two brothers who own the club to the fullest extent of the law. But plea agreements that would give Michael Derderian four years in prison and spare Jeffrey Derderian any prison time have enraged victims' family members, some of whom are directing their anger at Lynch.
Tri-Cities.com has the story.
Campbell, Henneman join faculty of NSL
Todd J. Campbell and Amy A. Hennemann have joined The Nashville School of Law as faculty members. Campbell currently serves as the chief judge for the U.S. District Court for the Middle District of Tennessee. Hennemann has been an attorney in private practice since 2000.

Supreme Court Watch
Congratulations, Justice Wade
Rain didn't dampen the spirits of Tennessee Supreme Court Justice Gary Wade or his well-wishers during a swearing-in ceremony Friday at Sevierville's First Baptist Church.
Read about the induction in The Mountain Press.
Koch speaks on the record
Almost hidden in the ongoing Tennessee Supreme Court controversy is Court of Appeals Judge William C. Koch Jr. Koch has been rather under the radar, by comparison with his two rivals for the seat now vacant on the high court, for a number of reasons. See what Koch has to say about it in this exclusive interview from
NashvillePost.com
Look at journey, not just baggage
Commercial Appeal columnist Chris Peck explains how journalists decide how much baggage to dredge up and publish, in this case, in the nomination of D'Army Bailey.
Read the analysis.
BPR Actions
Gibson suspended
The law license of William E. Gibson, district attorney for the 13th Judicial District, was temporarily suspended pursuant to Section 4.3, Rule 9, by the Tennessee Supreme Court today. The order said Gibson posed a "substantial threat of irreparable harm to the public." The suspension stems from a series of personal letters between Gibson and a murder defendan, which caused the TBI to begin an investigation.
Read the court's order.
TBA Member Services
First Tennessee is TBA's preferred provider
First Tennessee Bank is the Tennessee Bar Association's new preferred provider of financial services. As a part of that agreement, First Tennessee has crafted a package of discounts on its financial products and services that are exclusive to TBA members.
Check out the new benefits from First Tennessee.
Upcoming
5K to benefit MALS
Memphis Area Legal Services (MALS), The Exchange Club Family Center and the Shelby County District Attorney General's Office will host the second annual Regions-Morgan Keegan Legal Legs for Justice 5K Run/Walk presented by Verizon Wireless on Oct. 27. Proceeds benefit MALS Domestic Violence Project, The Exchange Club Family Center and the Domestic Violence Council. For more information contact Kristen Myers at 737-0853 or email at Kristen Myers.
Register for the race.

 
 
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