Legal sector loses 300 jobs while others increase

Though the U.S. economy added 151,000 jobs last month, the legal services field saw 300 disappear, according to the latest employment report released today by the Bureau of Labor Statistics. The decrease stops a positive streak of three straight months with employment gains in the field.

The AmLaw Daily reports

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
03 - 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.

QUINT BOURGEOIS V. MCCURDY AND CANDLER, LLC, ET AL.

Court: TCA

Attorneys:

Bill W. Petty, Knoxville, Tennessee, for the appellant, Quint Bourgeois.

John T. Buckingham, Knoxville, Tennessee, for the appellees, McCurdy and Candler, LLC, Bridgewater and Associates, Inc., and MCC TN, LLC.

Judge: SUSANO

The pertinent order in this case was entered by the trial court on August 25, 2010. Therefore, the thirtieth day from and after the date of entry of the order was Friday, September 24, 2010. The date of September 24, 2010, was not a legal holiday and there is nothing before us to indicate that it was a day when "weather or other conditions have made the office of the court clerk inaccessible." Tenn. R. App. P. 21(a). The appellant's notice of appeal was received and filed by the trial court clerk on Monday, September 27, 2010. As can be seen, the notice was not filed and received by the trial court clerk within 30 days of the date of entry of the order from which the appeal was taken. Accordingly, we have no jurisdiction of this appeal due to the untimely filing of the notice of appeal. Appeal dismissed.

http://www.tba2.org/tba_files/TCA/2010/bourgeoisq_110510.pdf


JENNIFER (PITTS) BRADFORD, v. DAVID WILSON PITTS

Court: TCA

Attorneys:

Eric J. Morrison and Douglas L. Rose, Knoxville, Tennessee, for the appellant, David Wilson Pitts.

Connie Reguli, Brentwood, Tennessee, for the appellee, Jennifer (Pitts) Bradford.

Judge: FRANKS

The father was paying child support, became disabled and filed a Petition to suspend child support payments until his disability insurance began paying. By the time of the hearing on his Petition, his disability insurance began paying a monthly amount. The Trial Judge ultimately refused to lower the child support payments, finding that the father established no variance between his income before and after his disability. The father tendered his income tax return for the year when the child support obligation was set, but the Trial Court refused to consider this evidence. On appeal, we vacate and remand.

http://www.tba2.org/tba_files/TCA/2010/bradfordj_110510.pdf


IN THE MATTER OF: MICHAEL C. M., SHANIA M. J., and JANIA M. J.

Court: TCA

Attorneys:

Patrick E. Stegall, Memphis, Tennessee, for the appellant, Michael C. M., Sr.

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

Judge: FARMER

The trial court terminated Father's parental rights upon a finding of abandonment and upon determining termination was in the best interests of the children. Father appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2010/michaelcm_110510.pdf


STATE OF TENNESSEE v. WILLIE EARL BROWN, JR.

Court: TCCA

Attorneys:

Laura Clift, District Public Defender; and Jeffrey A. DeVasher, Katie Bottom, and Aimee Solway, Assistant Public Defenders, attorneys for appellant, Willie Earl Brown, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Sharon Reddick and Anton Jackson, Assistant District Attorneys General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

Following a jury trial, the Defendant was convicted of 11 counts of rape of a child, a Class A felony, and was sentenced to an effective sentence of 74 years. In this appeal as of right, the Defendant contends that (1) the evidence was insufficient to sustain his convictions of rape of a child in counts 13 and 14; (2) the Defendant's conviction of rape of a child in counts 4 and 5 violated the principles of double jeopardy; (3) the trial court erred in admitting evidence of uncharged conduct in violation of Tennessee Rule of Evidence 404(b); (4) the trial court erred in refusing to allow cross-examination of the victim regarding her pregnancy; (5) the trial court erred in admitting statements from a clinical social worker that were not obtained for the purpose of medical diagnosis and treatment; and (6) the trial court erred in sentencing the Defendant. Following our review, we conclude that the trial court erroneously admitted evidence of the Defendant's uncharged sexual conduct with the victim and that this error was not harmless. Accordingly, we reverse the judgments of the trial court and remand the Defendant's case for a new trial.

http://www.tba2.org/tba_files/TCCA/2010/brownw_110510.pdf


BILLY J. COFFELT v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

David Collins, Nashville, Tennessee, for the appellant, Billy J. Coffelt.

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Victor S. Johnson, III, District Attorney General, and Amy Eisenbeck, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

In Davidson County Criminal Court, following a jury trial, Petitioner was convicted of felony escape, two counts of aggravated assault and three counts of especially aggravated kidnapping. State v. Lyle T. Van Ulzen, No. M2004-02462-CCA-R3-CD, 2005 WL 2874654, at *1-2 (Tenn. Crim. App., at Nashville, Oct. 31, 2005); State v. Billy J. Coffelt, No. M2002- 01214-CCA-R3-CD, 2003 WL 22116628, at *1-2 (Tenn. Crim. App., at Nashville, Sept. 11, 2003), perm. app. denied (Tenn. Feb. 2, 2004). After direct appeal to this Court and resentencing, Petitioner's effective sentence was ninety years. Lyle T. Van Ulzen, 2005 WL 2874654, at *6-7. Petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied the petition. On appeal, Petitioner argues that the post-conviction court erred in denying his petition. Petitioner specifically argues that trial counsel was ineffective because trial counsel: (1) refused to allow Petitioner to testify at trial and failed to request a Momon hearing; (2) failed to request Pattern Jury Instruction 8.02 and an instruction on the elements of false imprisonment as a lesser included offense of especially aggravated kidnapping; (3) failed to request a jury instruction for the natural and probable consequences rule; (4) failed to raise in either the motion for new trial or on direct appeal the issue of stipulation of the offense for which Petitioner was incarcerated at the time of his escape; and (5) failed to request a severance from the co-defendant. After a thorough review of the record on appeal, we affirm the post-conviction court's denial of the petition.

http://www.tba2.org/tba_files/TCCA/2010/coffeltb_110510.pdf


STATE OF TENNESSEE v. SEAN TERRELL HORTON

Court: TCCA

Attorneys:

James O. Martin, III (on appeal); and Paul Walwyn (at trial), Nashville, Tennessee, for the appellant, Sean Terrell Horton.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Victor S. Johnson, III, District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Sean Terrell Horton, appeals his Davidson County Criminal Court jury convictions of possession with the intent to deliver or sell 26 grams or more of cocaine, a Class B felony, and possession of drug paraphernalia, a Class A misdemeanor. On appeal, he contends that the evidence is insufficient to support his convictions. Discerning no error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/hortons_110510.pdf


TODAY'S NEWS

Legal News
Politics
Upcoming
TBA Member Services

Legal News
Winkler and lawyers take her story to television
Lawyers Steve Farese and Leslie Ballin appeared this morning on NBC's Today Show with their client Mary Winkler. The eight-minute segment featured a recap of Winkler's crime of shooting her husband in his back as he slept, her flight with their three daughters, her arrest, trial and eventual release. The defense, by her attorneys who did the work pro bono, involved showing that she was abused by her husband. They were on the television show to spread a message to other abused women that they should "ask for help," Winkler said. "Someone will believe you." Dateline NBC will air a special two-hour report on Mary Winkler tonight at 8 p.m. Central.
Watch the Today Show clip
Killian pledges to fight terrorism, drugs
When U.S. Attorney for the Eastern District of Tennessee Bill Killian was sworn in yesterday he said he plans to work hard to prosecute major terrorism and drug cases in the district. "I'm kind of like a boxer in the ring," he said. "I expect to meet the punches in this office and keep fighting. ... If at the end I didn't perform with distinction, it's not because I didn't try with every ounce of energy I had."
The Times Free Press reports
Editor's response to author starts outcry about Internet copyright rules, plagiarism
Cooks Source Magazine Managing Editor Judith Griggs made a name for herself this week when she responded to an author angry after seeing her original work published without her permission in the magazine. As compensation, author Monica Gaudio had asked for an apology and $130 to be donated to the Columbia School of Journalism. "The web is considered 'public domain'" the editor wrote to Gaudio, "and you should be happy we just didn't 'lift' your whole article and put someone else's name on it!" An Internet outcry arose, flooding the Cooks Source Facebook page with negative comments. Stuart Karle, an adjunct professor at the Columbia University School of Journalism, explains copyright in this situation to Techland, adding that Griggs' contention is "nonsense." Time Magazine says that "the Food Network is now reportedly investigating numerous recipes that ran in Cooks Source Magazine, all identical to Food Network content."
The ABA Journal connects you to more of the story
'Historic' decline in law firm diversity points to recession
The National Association for Law Placement (NALP) released its latest diversity statistics on Thursday, concluding that the percentage of both minority and women attorneys declined slightly at firms during 2010. The NALP data didn't say why the overall representation of women and minorities went down, but NALP Executive Director James Leipold said "it is likely that the recession, and the many lawyer layoffs that accompanied it, can be identified as at least one significant reason for this historic decrease."
Law.com has more
Politics
Republican Party chair Devaney will seek 2nd term
Tennessee Republican Party Chairman Chris Devaney has announced he will seek a second term at the helm of the state GOP.
The Tennessean has more
Cohen will back Pelosi
U.S. Rep. Steve Cohen, D-Tenn., said today that he will back House Speaker Nancy Pelosi of San Francisco as House minority leader when Republicans take over in January. Pelosi confirmed today she would seek the job.
Read more in the Commercial Appeal
Upcoming
NBA's annual memorial service remembers colleagues
The Nashville Bar Association's (NBA) annual memorial service will be held Nov. 18 at the Downtown Presbyterian Church. The service begins at 11 a.m. with a reception immediately following the service in the Fellowship Hall. A project of the NBA's Historical Committee, the memorial service honors the memory of those Nashville lawyers and judges who passed away during the past year. Memorial resolutions recounting the lives and legal careers of the deceased individuals are read at the service by friends and colleagues of the bench and bar. All are invited to attend.

TBA Member Services
Health savings accounts now available
The TBA has partnered with First Horizon Msaver Inc. to offer Health Savings Accounts (HSAs) and HSA-qualified health plans for individuals and groups to members. HSAs are tax-advantaged accounts that let you set aside money to pay for current and future medical expenses. For more information, or to obtain an instant quote for an HSA-qualified health plan, call the TBA's dedicated toll-free customer care line at (866) 257-2659 or visit the TBA member web site.
Click here

 
 
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 2010 Tennessee Bar Association