Informing voters is goal of video ad

The Tennessee Bar Association has released its first web ad, which highlights the importance of not leaving judicial elections to chance and shows ways to become an informed voter. The ad provides links to TBA's Judicial Election Center, which includes a copy of the Judicial Performance Evaluation Commission's evaluation for two candidates up for retention election -- Justice Sharon Lee and Judge John McClarty. Lee and McClarty are both recommended to "retain." (The new parlance on the judicial retention election ballot is "retain" or "replace," rather than the former "yes/no.") The website also gives voters information about judging judges and provides a link to a page showing those judges who have adopted the campaign code of conduct.

Early voting for the judicial races, which always take place at the August general election, begins July 16.
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.

01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - 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.

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2010/certlist_070610


GEORGE BRADY v. TENNESSEE DEPARTMENT OF CORRECTIONS

Court: TCA

Attorneys:

George William Brady, Mountain City, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael Moore, Solicitor General, Pamela S. Lorch, Senior Counsel, for the appellee, Tennessee Department of Corrections.

Judge: DINKINS

In 1977, the appellant was found guilty of armed robbery and the murder of four individuals. He was sentenced in state court to four consecutive ninety-nine year terms for the murders, and was subsequently sentenced in federal court to ninety-nine years for the bank robbery. He served thirty years in federal prison and was turned over to state authorities in 2007 to begin serving his state sentences. He sought a declaratory judgment that the state sentences were to run concurrently with the federal sentence and that, as a consequence of serving his federal sentence, he was immediately eligible for parole consideration on the state court sentences. The trial court found that the state court sentences ran consecutively to the federal sentence and granted the appellee's motion for summary judgment. Finding no error, the trial court's judgment is affirmed.

http://www.tba2.org/tba_files/TCA/2010/bradyg_070610.pdf


STATE OF TENNESSEE v. DAVID GILLIAM and JOE EDWARD MCCOWN, III

Court: TCCA

Attorneys:

Lisa Z. Bowman, Chattanooga, Tennessee (on appeal), and Lisa A. Espy, Chattanooga, Tennessee (at trial), for the appellant, David Gilliam.

Cindy P. Bice, Chattanooga, Tennessee, for the appellant, Joe Edward McCown, III.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; William H. Cox, III, District Attorney General; and William Hall, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

In this consolidated appeal, the State challenges the trial court's dismissal of the charges of official misconduct, see T.C.A. section 39-16-402 (2006), and official oppression, see id. section 39-16- 403, against each defendant. The State contends that the court erroneously concluded that the defendants, as employees of Corrections Corporation of America, were not public servants as that term is used in Tennessee Code Annotated sections 39-16-402 and -403. Because we agree with the State, we reverse the trial court's order dismissing the charges in each case and remand the cases to the Criminal Court of Hamilton County.

http://www.tba2.org/tba_files/TCCA/2010/gilliamd_070610.pdf


STATE OF TENNESSEE v. TAKEITA M. LOCKE

Court: TCCA

Attorneys:

Wade V. Davies, Knoxville, Tennessee, for the appellant, Takeita M. Locke.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Ta Kisha Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Defendant, Takeita M. Locke, appeals her conviction for criminally negligent homicide and the trial court's denial of her petition for writ of error coram nobis for a related especially aggravated robbery conviction. She had been convicted in an earlier trial of especially aggravated robbery related to the same facts and victim. For the homicide conviction, the Defendant received a sentence of two years as a Range I offender, to be served concurrently with the twenty-year sentence she was serving for the especially aggravated robbery conviction. On appeal, she challenges (1) the trial court's denial of her motion to dismiss for violation of her right to a speedy trial, and (2) the trial court's denial of her petition for writ of error coram nobis related to the especially aggravated robbery conviction. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/locket_070610


TODAY'S NEWS

Legal News
Election 2010
Supreme Court Report
Passages
Disciplinary Actions
TBA Member Services

Legal News
Arizona sued over immigration law
The federal government has filed a lawsuit asking a federal judge to strike down most of Arizona's new immigration law, declaring that federal law preempts the action by state lawmakers. "In our constitutional system, the federal government has preeminent authority to regulate immigration matters. This authority derives from the United States Constitution and numerous acts of Congress," the document says. "I'm no fan of the [Arizona] law," says Tamar Jacoby, the ImmigrationWorks USA president, "but I'm very frightened that the lawsuit will polarize the debate to the point of no return." National Public Radio looks at the potential fallout.
The Blog of Legal Times has more, including the complaint
Memphis schools adding Youth Court to deal with violence
Fighting last school year at some Memphis City Schools led officials to look for ways to combat the trend. Introducing Youth Court to the system is one of them. The new court will be housed at Juvenile Court, where trained students will decide punishment for their peers in minor cases.
Watch the story on WREG
Ginsburg to receive ABA's highest honor
Associate Justice Ruth Bader Ginsburg of the Supreme Court of the United States will receive the American Bar Association Medal, the highest honor conferred by the association, Aug. 9 in San Francisco, during the 2010 ABA Annual Meeting. The medal is given to an individual judged by the association's Board of Governors to have rendered exceptionally distinguished service to the cause of American jurisprudence. It was established in 1929, and only three other women have been recipients.
Learn more from the ABA
Law Camp studies legal side of texting and driving
A group of teenagers will study the legal ramifications of texting while driving this week at Lipscomb University's Law Camp. The camp began Monday and continues today with the teens meeting a Nashville Metro Police accident reconstructionist. On Thursday they will learn about programs the Tennessee Bar Association has for teens, such as Mock Trial competitions and Youth Court.
The Tennessean has the story
Drug, DUI courts save money, improve recidivism
Davidson County's Drug Court is a program presided over by Judge Casey Moreland and facilitated with the cooperation of the Davidson County Sheriff's Office, the Metro Nashville Police Department, the District Attorney's Office, the Public Defender's Office, and social workers. "We save the taxpayers almost $1.8 million a year just in housing-of-inmate costs," Moreland said. The City Paper tells you more about it. Read about another approach -- DUI Court -- in Colorado, in the Loveland Connection.

Election 2010
General Sessions race flooded with candidates
In Memphis's General Sessions Criminal Court, Division 7, election there are 20 candidates on the Aug. 5 ballot. "It's surprising," said Ricky Wilkins, president of the Memphis Bar Association. "I can't recall a judicial race like this in a number of years. I definitely don't remember more than 10 people in a race. The MBA surveyed its members for this race; results will be available in the days preceding the July 16 start of early voting. Memphis's Ben F. Jones chapter of the National Bar Association made its recommendations last week for all judicial races. Read those results here.
The Commercial Appeal reports
Supreme Court Report
Did we meet the 'real Kagan?'
During 17 hours of testimony over two days, U.S. Supreme Court nominee Elena Kagan sketched the outline of a judicial philosophy, dropping hints about a handful of precedents related to abortion and same-sex marriage, offering glimpses of her personal politics, and calling herself "generally progressive." And she gave her audience big doses of a personality and sense of humor that disarmed her critics. The National Law Journal looks at the hearings and wonders "did we meet the real Kagan?"
Read it here
Passages
Jess Campbell services today and Wednesday
Jess D. Campbell of Farragut died July 2 after a battle with lymphoma. He was 66. He was an owner and partner in the law firm of Campbell, Dawson, Walsh and Brown for the past 41 years, concentrating in personal injury law. A 1968 graduate of the University of Tennessee College of Law, he was a former member of the Tennessee Bar Association Board of Governors. The family will receive friends from 4 to 7 p.m. today (July 6) in the sanctuary of Cokesbury United Methodist Church with a Celebration of Life to follow. Family and friends will gather at 10 a.m. Wednesday at Union Cemetery for graveside services and interment. In lieu of flowers, memorials may be made to Thompson Cancer Center Research.
Learn more from the Click Funeral Home
Disciplinary Actions
Carthage attorney reinstated
On June 30, Carthage attorney Jacquelyn M. Scott was reinstated to the practice of law. She was suspended April 22, 2009.
Download the BPR release
Knoxville attorney suspended
The Tennessee Supreme Court on July 1 suspended the law license of Knoxville attorney Kathy Stillman for one year and ordered her to pay restitution to 12 clients for a total amount of more than $16,000. Stillman violated disciplinary rules in 15 separate complaints by failing to communicate with her clients, failing to diligently represent her clients, accepting monies from clients and failing to perform any legal services whatsoever, and failing to respond to the requests of Disciplinary Counsel for the Board of Professional Responsibility.
Download the BPR news release
TBA Member Services
Secure, compliant data backup service now available
The TBA's official data protection, backup and recovery vendor of choice, i365, offers secure online backup solutions. i365 minimizes downtime by backing up files quickly and easily, and helps lawyers remain compliant by maintaining file integrity. Get i365 and be confident your data is securely stored and protected. TBA members enjoy a 10 percent savings on all services. For more information on this member benefit Denise Lucas at (407) 523-9774.
Learn why lawyers trust i365 for online data backup solutions

 
 
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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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