TBA welcomes legislators, staff to Big Shrimp Reception

The TBA is welcoming Tennessee legislators to its annual Big Shrimp reception this evening at the Tennessee Bar Center. About 100 legislators and their staff usually attend the annual event, where they have the opportunity to meet and talk with TBA leaders and association members. Also attending the function will be the TBA Leadership Law Class of 2010, which spent the day at the Capitol taking part in an Issues in Policy and Politics program.
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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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.

IN THE MATTER OF: EMILY A., MEGAN A., and LINDSEY A.

Court: TCA

Attorneys:

Robert C. Richardson, Jr., Columbia, Tennessee, for the appellant, Brian A.

Robert E. Cooper, Jr., Attorney General and Reporter; and Michael E. Moore, Solicitor General; Amy T. McConnell, Assistant Attorney General, for appellee, State of Tennessee, Department of Children's Services.

Judge: STAFFORD

This is an appeal in a termination of parental rights case. Finding that the statutory grounds of substantial non-compliance with a permanency plan and persistence of conditions, and that termination is in the best interest of the children, have all been shown by clear and convincing evidence, we affirm.

http://www.tba2.org/tba_files/TCA/2010/emilya_021710.pdf


IN RE: JOHNNY E. K.

Court: TCA

Attorneys:

Cara C. Welsh, Chattanooga, Tennessee, for the appellant, Ashley Kyle.

John A. Shoaf, Chattanooga, Tennessee, for the appellant, Johnny Earl Dillard, Jr.

Robert D. Bradshaw, Chattanooga, Tennessee, for the Guardian Ad Litem, for J.E.K.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Lindsey O. Appiah, 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 both parents of J.E.K., the Trial Court, after hearing evidence, ruled that several statutory grounds for termination of both parents' parental rights had been established by clear and convincing evidence, as well as clear and convincing evidence that it was in the child's best interest for the parents' rights to be terminated. On appeal, we affirm the Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2010/johnnyek_021710.pdf


MICHAEL HOOVER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

J. Barney Witherington, IV, Covington, Tennessee, for the appellant, Michael Hoover.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Tyler Burchyett, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Petitioner, Michael Hoover, appeals the post-conviction court's dismissal of his post- conviction petition in which Petitioner alleged that his trial counsel rendered ineffective assistance of counsel in connection with the entry of his plea of guilty, and that his guilty plea was not voluntarily or knowingly entered. After a thorough review we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2010/hooverm_021710.pdf


LISA DURBIN HOWARD v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Charles Richard, District Public Defender; and Larry D. Wright, for the appellant, Lisa Durbin Howard.

Robert E. Cooper, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Robert Steve Bebb, District Attorney General; and A. Wayne Carter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

The Petitioner, Lisa Durbin Howard, appeals from the post-conviction court's order denying her petition for post-conviction relief. The State has filed a motion requesting that this court affirm the trial court's order pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, the State's motion is granted and the judgment of the post- conviction court is affirmed.

http://www.tba2.org/tba_files/TCCA/2010/howardl_021710.pdf


STATE OF TENNESSEE v. JASON J. MATTHEWS

Court: TCCA

Attorneys:

J. Daniel Freemon, Lawrenceburg, Tennessee, for the appellant, Jason J. Matthews.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; T. Michel Bottoms, District Attorney General; and J. Douglas Dicus and Patrick Butler, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Jason J. Matthews, was convicted of second degree murder, a Class A felony, and sentenced to twenty-five years in the Tennessee Department of Correction as a Range I, standard offender. In our initial review, this court concluded the defendant's sentence ran afoul of Blakely and its progeny and modified the defendant's sentence to twenty-two years. The defendant appealed to the Tennessee Supreme Court, and the issue of sentencing has been remanded for reconsideration of sentencing in light of State v. Moss, 13 S.W.3d 374, 387 (Tenn. Crim. App. 1999). After review, we modify the defendant's sentence to seventeen years.

http://www.tba2.org/tba_files/TCCA/2010/matthewsj_021710.pdf


STATE OF TENNESSEE v. STEPHANO L. WEILACKER

Court: TCCA

Attorneys:

Jordan D. Mathies, Nashville, Tennessee, for the appellant, Stephano L. Weilacker.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Robert J. Nash and Helen O. Young, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Stephano L. Weilacker, was convicted by a Montgomery County Circuit Court jury of aggravated robbery, a Class B felony, and was sentenced to eleven years and six months in the Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence and the trial court's denial of his requested jury instruction. He also presents an argument regarding his defense of duress. After review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/weilackers_021710.pdf


TODAY'S NEWS

Legal News
Legislative News
TBA Member Services
Upcoming

Legal News
A follow-up with Anna Mae
In case you missed it last night, ABC's "Nightline" aired a story detailing the Memphis custody case of Anna Mae He, and the two families who both wanted her. The show follows Anna Mae to her home in China where she now lives with her biological mother, Casey He, and two siblings. Her father, Jack He, who was instrumental in fighting for custody has left the family, and Casey says she doesn't know where he is.
ABC News gives you the story
Jailed former Dresden lawyer pleads guilty to fraud
Former Dresden lawyer H. Max Speight pleaded guilty in a Mississippi courtroom last week in connection with more than $3 million in biodiesel fraud of the U.S. Department of Agriculture. Speight was indicted in Mississippi in March 2009 while serving an eight-year sentence in prison for allegedly taking more than $1 million from local clients while he practiced real estate law in Weakley County. In January 2008, Speight pleaded guilty in Weakley County to five counts of theft of property over $60,000 and three counts of theft over $10,000.
NW Tennessee Today has the story
Paul Ney joins Waddey & Patterson
Paul Ney, a former director of the Mayor's Office of Economic and Community Development in Nashville, has joined Waddey & Patterson PC, where he is of counsel to the firm's litigation and counseling teams. Ney was Metro's ECD point man for about 20 months until last August. Previously, he was deputy general counsel at the U.S. Department of Defense from November 2006 to January 2008.
NashvillePost.com has more
Indigent defense symposium hosted by Attorney General Holder
Attorney General Eric Holder and other officials from the Department of Justice will convene a symposium about Indigent Defense on Feb. 18 and 19, with representatives from the adult and juvenile indigent defense community, including defenders, key policymakers, and practitioners from across the country.
The Department of Justice has the details
8 of 10 missionaries released
Eight of the 10 Americans arrested in Haiti last week on child kidnapping charges are free to leave today without bail or other conditions. They were to be released after some of the parents testified they voluntarily handed their children over to the missionaries. The group leader and her nanny continue to be held.
WKRN reported this AP story
Legislative News
For purposes of legislation, just what IS a 'bar?'
The state legislature is considering a bill that would shut down bars at midnight. Another bill steps up enforcement to make sure 50 percent of a bar's sales are food, not liquor, as required to get a license to serve. WPLN's state capitol correspondent Joe White says the legislation is really about defining what is a bar and what is a restaurant.
Listen to the report from WPLN
TBA Member Services
TBA expands insurance services for members
The TBA Member Insurance Solutions Program has been expanded to offer assistance to members in meeting their health, life, disability and other insurance needs. Working with Graham Swafford III of Capital Financial Group, the TBA is now able to provide members with exclusive benefits, personalized service, and pricing discounts. Services and products offered include: disability income insurance, business overhead expense insurance, group life, long-term and short-term disability income insurance, long-term care insurance, and group health, dental and vision insurance along with other employee related benefits.
Learn more about TBA Insurance Solutions now
Upcoming
Chief justice addresses college business class
Chief Justice Janice M. Holder will speak to a University of Memphis class, "Legal, Social & Political Environment of Business," tomorrow (Feb. 18) at 8 a.m. at Fogelman Business College, Room. She is the first person in a series of speakers who will address this class this semester. Others scheduled to speak are U.S. Sixth Circuit Court of Appeals Judge Julia Gibbons, employment attorney Dan Norwood, Assistant U.S. Attorney Dan Newsom, and attorney Ron Hooks, regional director of the National Labor Relations Board.


 
 
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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.

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