Senate begins debate on Kagan's nomination

The U. S. Senate is now debating the nomination of Solicitor General Elena Kagan to be the next Supreme Court Associate Justice. Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., and ranking member Jeff Sessions, R-Ala., opened the debate and members are expected to speak on the nomination into the evening with more debate over the next few days.

Follow the debate on C-SPAN

TODAY'S OPINIONS
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RENNEE N. DHILLON v. GURSHEEL S. DHILLON

Court: TCA

Attorneys:

Gurshell S. Dhillon, Estill Springs, Tennessee, Pro Se.

Rennee N. Dhillon, Franklin, Tennessee, Pro Se.

Judge: DINKINS

Husband challenges various rulings of the trial court in this second appeal of the post-divorce proceedings. Finding no error, the judgment is affirmed.

http://www.tba2.org/tba_files/TCA/2010/dhillonr_080310.pdf


SCOTT M. CRAIG v. DAVID MILLS, WARDEN

Court: TCCA

Attorneys:

Scott M. Craig, Petros, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The Petitioner, Scott M. Craig, appeals the Morgan County Criminal Court's summary dismissal of his petition for a writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we conclude that the State's motion is well-taken, and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2010/craigs_080310.pdf


Real Estate Licensing Requirements for Non-Tennessee Residents

TN Attorney General Opinions

Date: 2010-08-03

Opinion Number: 10-90

http://www.tba2.org/tba_files/AG/2010/ag_10_90.pdf

TODAY'S NEWS

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

Legal News
Editorial: Judicial disciplinary process 'flawed'
When Cocke County General Sessions Judge John Bell was suspended in June for three months, he got what the Knoxville News Sentinel calls "essentially a three-month paid vacation." Once the decision was made to suspend him, the disciplinary panel could not keep Bell from receiving his salary during the hiatus because the state constitution doesn't allow the panel to alter a judge's pay. Also, although this suspension involves three infractions, it wasn't until Bell's third offense that the public knew he had been disciplined the first time. The proceedings are flawed when a disciplinary action against an elected judge is shielded from voters, the paper writes. "The state Supreme Court should correct this flaw in order to give the public confidence that justice is dispensed impartially to those who sit in judgment of others."
Read the editorial
Harris to step in Pet Company case
Senior Judge Donald P. Harris of Franklin has been appointed to hear the city court case between the Pet Company at Hamilton Place and Chattanooga's animal control services. Harris will replace City Judge Sherry Paty, who declared a mistrial and recused herself from the case last week. She said an e-mail that came to her from Mayor Ron Littlefield could taint perceptions of her ruling.
The Times Free Press has more
NY judge tosses Tennessee company's magazine lawsuit
A judge in New York has tossed out an antitrust lawsuit brought against publishers by Knoxville-based Anderson News LLC, which at one time was one of the country's largest wholesale magazine distributors. The judge said Anderson News "caused its own downfall" by demanding publishers pay a 7-cent surcharge on each magazine distributed after February 2009.
WMC-TV carried this AP story
School censorship undermines civics lessons
A columnist for the First Amendment Center writes to remind readers, especially school officials, of the U.S. Supreme Court's famous conclusion in Tinker v. Des Moines (1969), that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Citing two recent cases, Charles C. Haynes points out that school administrators wrongly assumed that students have little or no freedom to exercise their First Amendment rights in public schools. "Instead of censoring students who have the courage of their convictions," he writes, "school officials should strive to create a school climate that supports religious liberty and freedom of expression."
The Columbia Daily Herald has his column
DOJ report says child porn on the rise
The spread of child pornography is outpacing efforts to combat it, the Justice Department said Monday in a report to Congress that promises more arrests, prosecutions and better coordination among federal, state and local authorities. Attorney General Eric Holder said the distribution of child pornography, the number of images being shared online and violence against child victims all have increased. "Tragically, the only place we've seen a decrease is in the age of victims," Holder said.
Tri-Cities.com reported this AP story
Adams honored for improving civil justice system
At the American Association for Justice's 2010 Annual Convention, Chattanooga lawyer Morgan Adams received the Wiedemann Wysocki Award for his commitment to the legal profession and support for improving the civil justice system. He was also named to the Tennessee Association for Justice Board of Governors.
Read more in the Chattanoogan.com
Harbison granted extension to set execution date
Edward Jerome Harbison was granted a time extension Monday in response to a motion to reset the execution date for his conviction of killing a St. Elmo woman in 1983. Harbison had until Sept. 7 to file a response about his reset execution date, according to an order from the Supreme Court of Tennessee.
The Times Free Press reports
Supreme Court Report
A life ... and death ... appointment
Eight U.S. Supreme Court justices rest together -- one justice short of a full court -- in one section of Arlington National Cemetery. In all, 12 justices are buried at Arlington, and another 18 lie at nearby cemeteries. "The court always had a sense of collegial togetherness," said David N. Atkinson, a professor at the University of Missouri-Kansas City who has studied and written about the justices' last days. Read more about this from the
Associated Press
Election 2010
Columbia attorney chairs state election commission
Columbia attorney Tom DuBois, the city's judge and a former state representative, took over in May as chairman of the state Election Commission. The body is responsible for appointing five-member election commissions in each of Tennessee's 95 counties and monitoring their performance. "The overall goal is just to make sure that we uphold our state election laws and make sure that all elections are fair," DuBois said.
The Columbia Daily Herald reports
Disciplinary Actions
Nashville attorney censured
On Aug. 3, Nashville lawyer Thomas Howard Miller received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. Among other things, the court said, his conduct prejudiced his client's ability to enforce the child support obligation of her former spouse. Miller violated Rules of Professional Conduct 1.3 (diligence), 1.4 (communicate), 3.4(c) (knowingly disobeying an obligation under the rules of court), and 8.4(d) (engaging in conduct prejudice to the administration of justice).
Download the BPR news release
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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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