Pakistani lawyers to end boycott

Pakistani lawyers agitating for the reinstatement of judges removed when President Pervez Musharraf invoked emergency rule, said on Monday they will relax a boycott of courts because it was hurting ordinary people, Reuters reports. About 60 judges were replaced after they refused to take an oath under the provisional constitutional order promulgated by Musharraf. To support the axed judges, a lawyers' movement that sprang to Chaudhry's defense in March when Musharraf first suspended him, launched a boycott of the courts.

http://www.reuters.com/article/newsMaps/idUSISL3309120080114

TODAY'S OPINIONS
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STATE OF TENNESSEE v. TOMMY BROWN, JR.

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Thomas A. Thomas, District Attorney General; and James T. Cannon and Herd Critchlow, Assistant District Attorneys General, for the appellant, State of Tennessee.

Joseph P. Atnip, District Public Defender, and Colin Johnson and William Randolph, Assistant Public Defenders, Dresden, Tennessee, for the appellee, Tommy Brown, Jr.

Judge: MCLIN

The defendant, Tommy Brown, Jr., was indicted on one count of aggravated rape with a weapon, a Class A felony, and one count of especially aggravated kidnapping, also a Class A felony. The alleged victim in the case failed to appear on two separate dates for trial. The state was unable to proceed and the trial court dismissed the case. On appeal, the state argues that the trial court erred by failing to declare the witness unavailable and admitting the victim's prior preliminary hearing testimony at trial. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/brownt_011508.pdf


STATE OF TENNESSEE v. PHILLIP DOYLE

Court: TCCA

Attorneys:

Richard L. Gaines, Knoxville, Tennessee, for the appellant, Phillip Doyle.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; J. Scott McCluen, District Attorney General; and Roger Delp, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Phillip Doyle, was convicted of driving under the influence (DUI), second offense, and violating the implied consent law. The trial court imposed a sentence of 11 months and 29 days, with all but 45 days suspended to probation. In this appeal, the defendant asserts that the evidence is insufficient to support his DUI conviction. The judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2008/doylep_011508.pdf


MARK GRIMES v. TONY PARKER, WARDEN, STATE OF TENNESSEE

Court: TCCA

Attorneys:

Mark Grimes, Pro Se, West Tennessee State Penitentiary, Henning, Tennessee.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; and D. Michael Dunavant, District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Mark Grimes, appeals from the circuit court's summary dismissal of his pro se petition for writ of habeas corpus. Because we find merit to the petitioner's claim for habeas corpus relief, we reverse and remand for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2008/grimesm_011508.pdf


TODAY'S NEWS

Legal News
Disciplinary Actions
TBA Member Services

Legal News
Attorney general files suit to stop UPL in Lavergne
The Tennessee Attorney General's Office has filed suit on behalf of the Division of Consumer Affairs against a Rutherford County man who has allegedly been doing legal work without a license for several members of the Laotian immigrant community in Lavergne. Christopher Mountry is alleged to have worked as a paralegal for a Nashville attorney but distributed business cards claiming he was a "State License Assist Attorney."
Read the attorney general's press release
Crutchfield hopes for probation, sentencing this week
Nashville attorney William Farmer is asking that Ward Crutchfield be given probation instead of being sent to federal prison. Sentencing is Thursday afternoon in Memphis for the former state senator for his part in the "Tennessee Waltz" bribery sting.
The Chattanoogan has more
50 AGs and MySpace agree to make web safer for kids
MySpace has teamed up with prosecutors throughout the country to develop a set of principles for Internet use by teenagers that may become an industry standard. The social networking site is popular with teens and has come under increasing fire concerning sexual predators who reportedly use MySpace as a hunting ground for victims. Tennessee Attorney General Robert Cooper commented on the agreement, saying "We consider identity verification vital to help protect children using social networking sites from on-line sexual predators and inappropriate material."
Read the statement from the Tennessee attorney general
U.S. Supreme Court limits investor suits against third-parties
The U.S. Supreme Court has decided that third parties are not liable for participating in corporate wrongdoing if they did not directly mislead investors, the SCOTUSblog reports. Investors, the court said, may only sue those who issued statements or otherwise took direct action that the investors had relied upon in buying or selling stock -- whether that involved public statements, omissions of key facts, manipulative trading, or conduct that was itself deceptive. The case, Stoneridge Investment Partners v. Scientific-Atlanta, was the only decision the court released. Other opinions are expected Wednesday.
Read more on SCOTUSBlog
Sunni judge killed on way to work
Gunmen assassinated a high-ranking Sunni judge as he headed to work in Baghdad on Monday, the latest of thousands of professionals killed in unsolved cases since the ouster of Saddam Hussein's regime in 2003, the Associated Press reports. Appeals Court Judge Amir Jawdat al-Naeib was slain a week after police arrested a group of militants who specialized in intimidating or killing doctors, academics and judges, according to an Interior Ministry official.
Read the AP story in the News Sentinel
'Protection of English' bill back on tap
U.S. Sen. Lamar Alexander has launched a second attempt to protect employers from language-based, anti-discrimination suits. His Protection of English in the Workplace Act comes after a similar bill he sponsored passed the Senate but died in a conference committee last year. The bills followed two suits filed by the Equal Employment Opportunity Commission last year.
The Tennessean has the story
Lionberger elected president
Martha Lionberger, a lawyer with Legal Aid of East Tennessee in Morristown, is the new president of the Hamblen County Bar Association.

Disciplinary Actions
Lexington attorney suspended
The Supreme Court of Tennessee on Dec. 13 suspended the law license of Lexington attorney Stephen M. Milam for six years, retroactive to June 26, 2007, and placed him on probation. Milam's suspension was a result of pleading guilty to serious crimes, such as obtaining or attempting to obtain a controlled substance by fraud; possession of Schedule III controlled substance; and obtaining/attempting to obtain controlled substance by fraud.
Reaad the BPR release
TBA Member Services
Avis benefits 'try harder'
TBA members are offered a rental car discount through Avis. Enroll in the Avis Preferred Service at www.avisawards.com to bypass the rental counter and go directly to your car for a faster, easier rental experience. Enter code AWD# A570100.


 
 
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