Nominate a lawyer for the Margaret Brent Award

The ABA Commission on Women in the Profession is calling for nominations for its 20th annual Margaret Brent Women Lawyers of Achievement Awards, to be presented on Aug. 8, 2010, in San Francisco. The award, established in 1991, recognizes and celebrates the accomplishments of women lawyers who have excelled in their field and have paved the way to success for other women lawyers. Previous winners from Tennessee are Marilyn V. Yarbrough (1991), Margaret L. Behm (1992) and Hon. Martha Craig Daughtrey (2003). The deadline to nominate is Nov. 24.

Learn more about the award and nominate someone here

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.

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

You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) 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. 2) 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.

THOMAS L. BAINES v. LUDMILA K. BAINES

Court: TCA

Attorneys:

D. Mitchell Bryant, Athens, Tennessee, for appellant.

Jennifer L. Chadwell, Oak Ridge, Tennessee, for appellee.

Judge: FRANKS

In this divorce action the Trial Judge divorced the parties and enforced an Affidavit of Support executed by the husband as a part of the wife's application for permanent residency in the United States, and also ordered the husband to continue the wife's health insurance through COBRA for a period of no less than eighteen months and no longer than thirty-six months. On appeal we affirm the Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2009/bainest_111309.pdf


THE IJ COMPANY, INC., ET AL. v. COLLIER DEVELOPMENT COMPANY, INC. d/b/a ROCKY RIVER BREWERY & GRILL

Court: TCA

Attorneys:

J. Myers Morton and George W. Morton, Jr., Knoxville, Tennessee for the Appellants, The IJ Company, Inc. and Reinhart Foodservice, LLC.

D. Scott Hurley and Anna R. East, Knoxville, Tennessee for the Appellee, Collier Development Company, Inc.

Judge: SWINEY

The IJ Company, Inc. ("IJ") sued Collier Development Company, Inc. ("Collier Development") d/b/a Rocky River Brewery & Grill ("Rocky River") seeking, among other things, payment from Collier Development for food service products IJ had supplied to Rocky River. After a bench trial, the Trial Court dismissed the case finding and holding, inter alia, that IJ had not met its burden of proving that it had a contract with Collier Development. IJ appeals to this Court. We affirm.

http://www.tba2.org/tba_files/TCA/2009/ijcompany_111309.pdf


STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES, v. KATIE ANN WALSH, In the Matter of J.W.W. (d.o.b. 4-6-07), A Child Under Eighteen years of Age

Court: TCA

Attorneys:

C. Brad Sproles, Kingsport, Tennessee, for appellant, Katie Ann Walsh.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Jill Z. Grim, Assistant Attorney General, Nashville, Tennessee, for appellee, the Tennessee Department of Children's Services.

Judge: FRANKS

In this action to terminate the parental rights of the defendant mother, the Trial Court determined, after hearing the evidence, that there was clear and convincing evidence that the mother had failed to substantially comply with the permanency plan, that the persistent conditions continued that had established the basis for removal of the child from the mother at the outset, as the mother had continued involvement in criminal activity. Further, that the mother had abandoned the child. On appeal, the mother waived the issue of whether the termination of her parental rights was in the child's best interest. On the issues raised on appeal by the mother, we affirm the findings and Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2009/walshk_111309.pdf


STATE OF TENNESSEE V. DAVID WAYNE GRAY

Court: TCCA

Attorneys:

Nathan Whittle, Lebanon, Tennessee, for the Appellant, David Wayne Gray.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Deshea Dulany Faughn, Assistant Attorney General; Tom P. Thompson, District Attorney General; Robert Hibbett, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Petitioner, David Wayne Gray, appeals the dismissal of his petition for post-conviction relief. The post-conviction court dismissed the petition, finding that the petition was time barred and that no due process consideration existed to toll the statute of limitations. After a thorough review of the record and the applicable law, we affirm the post-conviction court's dismissal of the petition as time barred.

http://www.tba2.org/tba_files/TCCA/2009/grayd_111309.pdf


STATE OF TENNESSEE v. MATTHEW SCOTT GREEN

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee (on appeal), and Raymond Mack Garner, District Public Defender (at trial), for the appellant, Matthew Scott Green.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Rocky H. Young, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Defendant, Matthew Scott Green, appeals the trial court's order revoking his probation for his Class C felony conviction of vandalism over $10,000, ordering him to serve a year in jail, and extending his probation by one year. We hold that the trial court did not err and affirm its judgment.

http://www.tba2.org/tba_files/TCCA/2009/greenm_111309.pdf


TODAY'S NEWS

Legal News
Upcoming
Disciplinary Actions
TBA Member Services

Legal News
White House counsel Craig resigns, Bauer to fill spot
Gregory Craig is stepping down as White House Counsel and will be replaced by Robert Bauer, the White House announced this morning. Bauer is currently general counsel to the Democratic National Committee and Obama for America. News of the White House counsel shake-up coincided with the announcement that five high-profile Guantanamo detainees linked to the 9/11 attacks will be tried in federal court in New York City.
Law.com has the story
Professor: Law school not a good investment for 'typical' student
Vanderbilt University School of Law Professor Herwig Schlunk's analysis calculating the cost of tuition versus the potential benefit of being paid more over a lengthy legal career is the subject of today's TaxProf Blog. Schlunk says law school is a bad investment for "typical students." The findings are part of a research paper by Schlunk.
ABAJournal.com gives you the story
Alamo gets 175 years
Evangelist Tony Alamo was sentenced today to 175 years in prison for taking underage girls across state lines for sex, effectively punishing him for the rest of his life for molesting children he took as "brides" in his ministry. Alamo, 75, had been convicted in July on a 10-count federal indictment. U.S. District Judge Harry F. Barnes said Alamo misused his status as a father figure and pastor, and threatened the girls with "the loss of their salvation."
The Commercial Appeal carried this AP story
Miss. judge will go to jail, apologizes to court
Bobby DeLaughter, a history-making prosecutor who became a judge, was sentenced today to 18 months for federal obstruction in a case that ended his career and brought down some of the most powerful lawyers in Mississippi. DeLaughter apologized in the courtroom. "I do want to express my sincere apologies not only to this honorable court, but to all my former colleagues, the people of Mississippi and especially the people of Hinds County," he said. The former Hinds County circuit judge pleaded guilty in July to obstruction of justice. He admitted lying to an FBI agent during a judicial corruption investigation.
WRCB-TV carried this AP story
Upcoming
New admittees welcomed to the bar, invited to lunch
In Nashville, the Tennessee Bar Association will hold an open house on Nov. 18 to welcome new law admittees in Nashville. The event will run from 11:30 a.m. to 1:30 p.m. at the Tennessee Bar Center, located at 221 Fourth Avenue North, Nashville 37219. TBA members are invited to attend. Please respond by Nov. 11 to membership@tnbar.org or (615) 383-7421. Knoxville's admission ceremony will be Nov. 19.

Disciplinary Actions
Memphis attorney censured
On Oct. 29, Memphis lawyer Scott Thomas Beall received a public censure from the Tennessee Supreme Court. He violated the Rules of Professional Conduct by instructing a client to shred duplicate photocopies of account statements the client had illegally taken from a former employer against Beall's specific instructions to the client not to take such documents. Although Beall's instructions were not intended to mislead or prevent disclosure of his client's wrongdoing, his instructions were not proper and led to this agreed censure.
Read the BPR news release
TBA Member Services
Open your door to FedEx residential shipping
Did you know that the FedEx portfolio of residential services can help you reach every residential address in the U.S., including Alaska and Hawaii? That's why you should Think FedEx First. And as a TBA member, you get a valuable discount on the select FedEx residential services.
Find out how to enroll today

 
 
Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php

Questions, comments: Email us at TBAToday@tnbar.org

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 2009 Tennessee Bar Association