Appointed attorneys to get online claims process

On July 6, the Administrative Office of the Courts (AOC) will begin a year-long rollout of the Indigent Claims Entry (ICE) system, which will bring the state's indigent claims process online. The court says that the system will "significantly streamline the claims process by eliminating more than 90 percent of the 105,000 paper claims the AOC receives on an annual basis." ICE will allow appointed attorneys and interpreters to enter their claims online and receive payment via direct deposit. Th system was piloted in the 15th Judicial District, which includes Jackson, Macon, Smith, Trousdale and Wilson counties. The 17th Judicial District -- Marshall, Lincoln, Bedford and Moore counties -- will be the first for implementation.

Check the schedule of when ICE will be implemented in your county

TODAY'S OPINIONS
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CHARLES E. JACKSON III v. METROPOLITAN GOVERNMENT OF NASHVILLE ET AL.

Court: TCA

Attorneys:

Phillip L. Davidson, Nashville, Tennessee, for the appellant, Charles E. Jackson III.

Sue B. Cain, Director of Law; J. Brooks Fox and Christopher M. Lackey, Assistant Metropolitan Attorneys, for the appellees, The Metropolitan Government of Nashville and Davidson County and Jackie London.

Judge: CLEMENT

The matters at issue pertain to the alleged negligence of a Davidson County probation officer and the quasi-judicial immunity defense. Plaintiff, a probationer who was arrested and detained in jail on a probation violation warrant, filed this action alleging he was unlawfully arrested and jailed because his probation officer negligently failed to recall a probation warrant after he cured the deficiencies for which it was issued. The trial court granted the probation officer's Tenn. R. Civ. P. 12.02(6) motion to dismiss based on the defense of quasi-judicial immunity because the complaint asserted that she was acting in her capacity as his probation officer when she failed to recall the warrant. Plaintiff insists this was error, contending the probation officer is not entitled to quasi-judicial immunity because she was not performing a function essential to the judicial process and she had no discretion but to recall the warrant. We affirm.

http://www.tba2.org/tba_files/TCA/2010/jacksonc_060810.pdf


CHARLES MCBEE v. PATRICIA ANNE GREER, et al.

Court: TCA

Attorneys:

Charles McBee, Knoxville, Tennessee, pro se.

Mark E. Silvey and L. Keith Aldridge, Knoxville, Tennessee, for the appellees, Patricia Ann Greer, John T. O'Connor, William Petty, Charles Child, and Jack Piper, Jr., individually, and d/b/a O'Connor, Petty, Child and Piper.

Judge: FRANKS

Plaintiff was violently attacked as he was attempting to serve process on the defendant in a divorce case. Plaintiff had been employed by a law firm to serve the divorce complaint on the defendant in the divorce case and the firm had attached a written statement to the process "Be forewarned he's an ex-cop with anger issues". Plaintiff's claims for recovery against defendants were intentional infliction of emotional distress/outrageous conduct, negligent misrepresentation and negligence. The Trial Court dismissed the action responding to defendants' Tenn R. Civ. P. 12.02(6), and plaintiff has appealed. On appeal, we hold that plaintiff failed to state a cause of action for negligent misrepresentation and intentional infliction of emotional distress/outrageous conduct, but vacate the dismissal of the claim for negligence against defendants, and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2010/mcbeec_060810.pdf


IN RE: Nathan T.

Court: TCA

Attorneys:

Lindsay C. Barrett, Dickson, Tennessee, for the appellant, Megan T.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Joshua Davis Baker, Assistant Attorney General, for the appellee, State of Tennessee, Department of Children's Services.

Judge: DINKINS

Mother appeals the termination of parental rights to her child, asserting that the findings of the Juvenile Court that she abandoned the child by failing to provide a suitable home, that the conditions which led to the removal of the child persisted, and that termination of her rights were in the best interest of the child are unsupported by clear and convincing evidence. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCA/2010/nathant_060810.pdf


STATE OF TENNESSEE v. RICHARD DEAN NANCE

Court: TCCA

Attorneys:

Brent Hensley, Greeneville, Tennessee (on appeal), and Joy Phillips, Assistant District Public Defender (at trial), for the appellant, Richard Dean Nance.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Joe Crumley, District Attorney General; and Dennis Brooks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

A Washington County jury convicted the defendant, Richard Dean Nance, of two counts of rape of a child and one count of incest. He appeals his convictions, arguing that the evidence was insufficient as a matter of law and that the trial court erred by permitting into evidence a prior conviction of one of his key witnesses. Discerning no error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/nancer_060810.pdf


LARRY BRIAN SHELTON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

William Louis Ricker, Greeneville, Tennessee, for the appellant, Larry Brian Shelton.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and J. Douglas Godbee, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Larry Brian Shelton, appeals from the denial of his petition for post- conviction relief wherein he challenged his Hawkins County Criminal Court jury convictions of first degree felony murder and theft. In this appeal he contends that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2010/sheltonl_060810.pdf


TOMMY RAY YOUNG v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Tommy Ray Young, Mountain City, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; and Lacy Wilber, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Tommy Ray Young, appeals from the summary dismissal of his petition for post-conviction relief. In this appeal, both the petitioner and the State argue that the post- conviction court erred by dismissing the petition without a hearing. We agree. Accordingly the judgment of the post-conviction court is reversed, and the case is remanded for the appointment of counsel and an evidentiary hearing.

http://www.tba2.org/tba_files/TCCA/2010/youngt_060810.pdf


TODAY'S NEWS

Passages
Legal News
Legislative News
Career Opportunities
Upcoming
Flood Impact
TBA Member Services

Passages
Jac Chambliss dies at 99
Chattanooga attorney Jac Chambliss died today (June 8) at 99. He graduated from Cumberland University Law School, and entered his family's law firm, Sizer, Chambliss & Kefauver, in the summer of 1932, where he practiced until his death. Family visitation and a memorial service at the Church of the Good Shepherd will be announced soon. Contributions may be made to the Reflection Riding Endowment Fund, 400 Garden Road, Chattanooga 37419, or the McVea-Chambliss Scholarship Fund of the Webb School, 319 Webb Road East, Bell Buckle 37020-2044.
Read more about Mr. Chambliss in the Chattanoogan
Legal News
YLD decides 4 contested races
The TBA Young Lawyers Division held its annual election last Friday during the TBA Convention in Nashville. YLD members in attendance cast ballots in four contested races. Those elected were Secretary Stacie Winkler with Baker, Donelson, Bearman, Caldwell & Berkowitz in Memphis; Treasurer Marisa Combs with Lewis, King, Krieg & Waldrop in Nashville; District 10 Representative Garth Click with the Law Offices of Larry D. Wilks in Springfield; and District 14 Representative Michael McLaren with Butler, Snow, O'Mara, Stevens & Cannada in Memphis. Other officers and board members were elected without opposition this past spring.

'Criminal aliens' arrested in Knox to be sent to feds
The Knox County Sheriff's office is the first law enforcement agency in Tennessee to become a member of the U.S. Immigration and Customs Enforcement's Secure Communities program -- which means that the office now will send fingerprint records of people arrested locally to federal immigration officials under a program designed to identify "criminal aliens" who are eligible for deportation.
The News Sentinel has the story
New bar association for, and in support of, GLBT people
A new bar association was chartered last week in Davidson County with a mission "to support GLBT (gay, lesbian, bisexual and transgendered) legal professionals and to encourage and promote diversity in the legal profession." The Stonewall Bar Association will have an organizational meeting on June 9 at Miller & Martin's Nashville office. For more information, email stonewallbartenn@gmail.com or check out the association's Facebook page. Read more about the new association from
NashvillePost.com [subscription required]
Site offers guidance on ADA, other workplace issues
The Job Accommodation Network (JAN), a web site for employers, employees, legal representatives and others, is a "source of free, expert, and confidential guidance on workplace accommodations and disability employment issues." A service of the Office of Disability Employment Policy of the U.S. Department of Labor, readers can "Ask JAN" questions about workplace accommodations, the Americans with Disabilities Act (ADA) and related legislation, and self-employment and entrepreneurship options for people with disabilities.
Ask JAN now
Let us not mock the process
National Public Radio's "Political Junkie" Ken Ruden announces the Official Elena Kagan Confirmation Vote Contest. "The first person with the exact accurate Senate tally on Kagan's confirmation," Ruden says, "will win a Geraldine Ferraro for Congress button from her first campaign in 1978." Pretty high stakes, so you'll want to enter early and often.
Go there
Bragg recuses self from Killings trial
Rutherford County Judge David Bragg recused himself from the tampering with evidence and filing a false report case of former Rutherford County Detective Ron Killings. Bragg had been introduced at a Memorial Day event by Rutherford County Sheriff Truman Jones in which Jones called Bragg a friend of law enforcement and mentioned the Killings case in his introduction of the judge. Bragg oversaw the reckless homicide trial against Killings earlier this year. Killings was acquitted of the charge.
The Daily News reports
Legislative News
Governor not that into praising Arizona
A resolution in Tennessee honoring Arizona for its controversial new immigration law is on the governor's desk, but Phil Bredesen has called the measure "meaningless."
WSMV has the story
Career Opportunities
Environmental lawyer needed to head oil disaster project
The Mississippi Center for Justice seeks an experienced lawyer to lead its response to the emerging oil disaster on the Gulf Coast. The position is in Biloxi and requires at least 5 to 7 years' experience in environment advocacy. Litigation experience, such as with claims under the Oil Pollution Act of 1990 and maritime commercial plaintiff cases, is preferred.
Download the details
Upcoming
Event honoring sit-in defenders set for June 15
The Nashville Bar Association, Napier-Looby Bar Association and the Nashville Bar Foundation will celebrate Law Day 2010 on June 15, by honoring the local attorneys who defended the rights of the lunch counter sit-in demonstrators in Nashville courts in 1960. The keynote speaker at the luncheon, to be held on the Historic Metro Courthouse lawn, will be Dennis Archer, the first African-American to be president of the American Bar Association, a former mayor of Detroit and a former Michigan Supreme Court justice. Following the luncheon, the NBA will present a re-enactment of the trials of the sit-in demonstrators. Sponsors include SunTrust Bank, Belmont University College of Law and the U.S. District Court's Library and Miscellaneous Fund.
Register here
Flood Impact
Help for flood victims
A toll-free legal assistance line is available for victims of recent storms and flooding in the counties that have been designated as federal disaster areas. Victims facing legal issues may call (888) 395-9297. Victims who qualify for assistance will be matched with Tennessee lawyers who have volunteered to provide free legal help.
Volunteer to help or learn more about recovery efforts
TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
or get an online rate quote

 
 
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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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