Tennessee Solicitor General Michael Moore dies

Michael E. Moore, who served as Tennessee's solicitor general for 17 years, died yesterday. He was 60. Mr. Moore obtained his law degree from Stanford University in 1975 and was admitted to the California and Tennessee bars. He received his bachelor's from Dartmouth College in 1972 (summa cum laude with high distinction). Arrangements are incomplete at this time.

Learn more about him from the attorney general's office

TODAY'S OPINIONS
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2010/certlist_111510.pdf


CASCADE OHIO, INC., DBA C. W. OHIO, INC. v. MODERN MACHINE CORPORATION, A TENNESSEE CORPORATION, ET AL.

Court: TCA

Attorneys:

Cameron S. Hill, Clinton P. Sanko and Edward N. Boehm, Jr., Chattanooga, Tennessee, for the appellants, Modern Machine Corporation, a Tennessee corporation, Modern Machine Corporation, a Florida corporation, and John Sonnentag.

Robert S. Stone and David L. Hill, Knoxville, Tennessee, for the appellee, Cascade Ohio,Inc., dba C. W. Ohio, Inc.

Lynda M. Hill, Chattanooga, Tennessee, for the appellees, CMTD, Inc., formerly known as Cullum Machine, Tool & Die, Inc., Heinrich B. Dickhut, and Karen Dickhut.

Judge: SUSANO

Cascade Ohio, Inc., doing business as C. W. Ohio, Inc. ("the Customer"), sued Cullom Machine Tool & Die, Inc., now known as CMTD, Inc. ("the Seller"), and Modern Machine Corporation, a Tennessee corporation ("Modern Tennessee" or "the Buyer"), regarding a machine that the Seller had agreed to build for the Customer. After the Seller agreed to build the machine, the Seller entered into an agreement with the Buyer to sell its assets to the Buyer, including the Seller's contract to build the machine for the Customer. The machine was never built, prompting this lawsuit. Following a bench trial, the court held that the Seller and Buyer were liable to the Customer for the down payment made on the machine purchase. The court further held that the Buyer was liable to the Customer under the Tennessee Consumer Protection Act ("the TCPA"), trebled the Customer's damages, and held the Buyer responsible for the attorney's fees of the Customer. The court also held the Buyer liable to indemnify the Seller, including the attorney's fees of the Seller. The court also pierced the corporate veil of the Buyer and held parties related to the Buyer jointly liable with the Buyer. The Buyer and its related parties appeal. We reverse in part and modify in part. Except as modified or reversed, the judgment is affirmed. Case remanded.

http://www.tba2.org/tba_files/TCA/2010/cascade_111510.pdf


IN RE: PAULINE M., STEPHEN M., AND RACHAEL M.
CORRECTION is in the style of the case In Re: Pauline M., Stephen M. and Rachael M. rather than Stephanie M.


Court: TCA

Attorneys:

T. Wood Smith, Greeneville, Tennessee, for the appellant, Stephen M.

Sandra Lee Stanbery-Foster, Greeneville, Tennessee, for the appellant, Brenda M.

Robert E. Cooper, Jr., Attorney General and Reporter; and Michael E. Moore, Solicitor General; Elizabeth C. Driver, Senior Counsel, for appellee, State of Tennessee, Department of Children's Services.

Judge: STAFFORD

This is a termination of parental rights case. The trial court terminated both parent' rights to the children on grounds of: (1) abandonment by failure to provide a suitable home pursuant to Tenn. Code Ann. section 36-1-102(1)(A)(ii); and (2)persistence of conditions as set out at Tenn. Code Ann. section 36-1-113(g)(3). The trial court also terminated Father's parental rights on the additional ground of abandonment by failure to support pursuant to Tenn. Code Ann. section 36-102(1)(A)(i), and Mother's parental rights on the additional ground of mental incompetence pursuant to Tenn. Code Ann. section 36-1-113(g)(8)(B). Finding clear and convincing evidence in the record to support each of these grounds, as well as clear and convincing evidence that termination of Mother's and Father's parental rights is in the best interests of the children, we affirm.

http://www.tba2.org/tba_files/TCA/2010/paulinem_COR_111510.pdf


STATE OF TENNESSEE v. DON MASK BROWN, JR.

Court: TCCA

Attorneys:

Javier Michael Bailey, Memphis, Tennessee, for the Defendant-Appellant, Don Mask Brown, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Joe Van Dyke, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

The Defendant-Appellant, Don Mask Brown, Jr., was convicted by a Hardeman County jury of second degree murder, a Class A felony, and aggravated robbery, a Class B felony. He was sentenced as a violent offender to forty years for second degree murder and, as a multiple offender, to fifteen years for the aggravated robbery. The trial court ordered these sentences to be served consecutively, for an effective sentence of fifty-five years in the Tennessee Department of Correction. On appeal, Brown claims: (1) the trial court violated the principles of Blakely v. Washington by finding that several enhancement factors were applicable; and (2) the trial court should not have imposed consecutive sentencing. Upon review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/brownd_111510.pdf


STATE OF TENNESSEE v. JONATHAN GREER

Court: TCCA

Attorneys:

Clifford K. McGown, Jr., Waverly, Tennessee; Gary F. Antrican, District Public Defender; and Kari I. Weber, Assistant Public Defender, for the appellant, Jonathan Greer.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Terry D. Dycus, Assistant District Attorney General, for the appellee, Jonathan Greer.

Judge: WILLIAMS

The defendant, Jonathan Greer, was convicted by a Fayette County jury of robbery, a Class C felony, and sentenced to serve fifteen years in the Department of Correction. On appeal, the defendant has raised the single issue of sufficiency of the evidence. Specifically, he contends that his conviction is precluded by State v. Owens, 20 S.W.3d 634, 638 (Tenn. 2000), because the State failed to establish that the taking of the property was contemporaneous with the use of violence or fear. Following review of the record, we affirm the judgment of conviction.

http://www.tba2.org/tba_files/TCCA/2010/greerj_111510.pdf


TERRY JAMES LEE AKA TERRY LEE WILLIAMS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

George Morton Googe, District Public Defender, and Paul E. Meyers, Assistant Public Defender, for the appellant, Terry James Lee aka Terry Lee Williams.

Robert E. Cooper, Jr., Attorney General and Reporter, and Mary W. Francois, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Terry James Lee aka Terry Lee Williams, appeals the revocation of his probation. He initially entered guilty pleas to felony evading arrest, reckless endangerment, and reckless aggravated assault, for which he received a total effective sentence of four years in the Tennessee Department of Correction. He served six months of his sentence before being placed on intensive probation. On appeal, he argues that the trial court did not have jurisdiction to revoke his probation and contends his sentence had expired. The State has moved the Court to affirm the revocation of probation pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. After careful review, we affirm the revocation of probation pursuant to Rule 20.

http://www.tba2.org/tba_files/TCCA/2010/leet_111510.pdf


TODAY'S NEWS

Legal News
Congressional News
Passages
TBA Member Services

Legal News
'Red flags rule' argued in federal appeals court
A three-judge panel of a federal appeals court in Washington grilled lawyers from both the Federal Trade Commission and the American Bar Association as it tried to determine whether the FTC overstepped its authority in regulating the legal profession. The ABA sued the FTC on behalf of lawyers trying to win an exemption from the "Red Flags Rule," a new regulatory scheme designed to prevent identity theft among creditors. "Lawyers are no different -- though they might think they are -- from other service providers," FTC attorney Michael Bergman told the U.S. Court of Appeals for the D.C. Circuit. "The mission of every lawyer is to provide aid and counsel to our clients and improve access to the justice system," ABA President Stephen N. Zack said in a statement today, "not to push paperwork that attempts to solve what is, for the legal profession, a non-existent problem and promises to raise legal costs."
The Blog of Legal Times reports
UT National Moot Court team wins region
The University of Tennessee National Moot Court team of Amy Rao Mohan, G. William Perry and David Watkins placed first in the Region VII National Moot Court Competition last weekend at the University of Memphis. By winning the regional competition, the team qualifies for the national finals in New York City in late January. The team is coached by professors John Sobieski and Joseph Cook.
The Informant has more
Mock trial case to be released tomorrow
The Tennessee Bar Association Young Lawyers Division will release the case for the 2010-2011 high school mock trial season tomorrow by 5 p.m., central time. The YLD Mock Trial Committee -- led by Chair Marisa Combs with Lewis, King, Krieg & Waldrop in Nashville and Vice Chair Troy Weston with Eldridge & Blakney in Knoxville -- has written an original, criminal scenario that will be used in all district competitions as well as the state competition. Watch for the case to be posted on Tuesday
on the YLD's mock trial website
Newspaper questions court record-keeping
When The Tennessean requested judicial substitution forms from the courts, in most instances, the paper was told that court clerks did not have the records on file because the judges kept them in their own offices. When copies of Judge Gloria Dumas' substitute judge forms were requested, Warner Hassell, administrator of the Davidson County General Sessions Court, alerted Dumas to the request, and she enlisted the help of a private attorney. "It's not just a red flag. It's outrageous," said Frank Gibson, executive director of the Tennessee Coalition for Open Government. "What does Judge Dumas' attorney have to do with the government office that has those records? Zilch."
The News Sentinel reported this AP story
Social Security judges facing more violent threats
There were at least 80 threats to kill or harm administrative law judges or staff who deal with Social Security disability cases over the past year -- an 18 percent increase over the previous reporting period, according to data collected by the Social Security Administration. "I'm not sure the number is as significant as the kind of threats being made," said Randall Frye, a judge based in Charlotte, N.C., and the president of the judges' union. "There seem to be more threats of serious bodily harm, not only to the judge but to the judge's family."
The Associated Press reports
UT 3L adds stand-up comedy to career choices
Jacob Wilson, a third-year law student at the University of Tennessee, won the Rocky Top Comedy Contest at the Relix Variety Theatre on Nov. 6 for his stand-up comedy routine. He got $500 and a peek into a different career than he's been studying. "I just figure, if I go after both of these, surely I can get paid at least in one way," he said. "Surely I can make a living if I'm in both of them."
Read more about him in The News Sentinel
Read the fine print in nursing home contracts
Nashville lawyer and newspaper columnist Barbara Moss cautions lay readers that when admitting someone to a nursing home, the contracts are negotiable.
Read her column in the Tennessean
Congressional News
Wamp cleans out his office, ready to return to Tennessee
Rep. Zach Wamp is packing up after 16 years in Congress. Rep. Wamp gave up his seat and committee posts in Congress to run for governor of Tennessee. "Sometimes you have to stretch yourself and go out and take a chance," he said. Wamp said he expects to take a position in the private business sector rather than continue in politics.
Chattanoogan.com reports
Passages
Jones' services today in Memphis draws many
Funeral services were held today in Memphis for state Rep. Ulysses Jones Jr. Jones died on Nov. 9 from complications of pneumonia. He was 59. Jones had represented state House District 98 since 1987. Many spoke at the service, including Shelby County District Attorney Bill Gibbons, who had worked with Jones on legislation. "He always had an open door and was willing to listen to what I had to say," Gibbons said.
Learn more about the service in the Commercial Appeal
TBA Member Services
Let JobLink help you with your next career move
A career service for Tennessee attorneys and law students, TBA JobLink is a job seeking and recruitment tool available at no charge. Whether you have a position to fill or are seeking employment, this site will guide you through a simple process to post your information.
Visit the site

 
 
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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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