Notices from banks are moot with Senate IOLTA fix

If you receive a notice from your bank saying that the extension of unlimited FDIC insurance coverage did not include Interest On Lawyers' Trust Accounts (IOLTA), don't worry. Congress's action on Dec. 22 to continue that coverage for IOLTA accounts now does extend it through Dec. 31, 2012.

The FDIC required banks to send notice to all appropriate account holders in advance of the end of the coverage, Tennessee Bar Foundation (TBF) Executive Director Barri Bernstein explains. "The Senate action was so close to the Dec. 31 deadline that the notices were already printed and in the mail." The TBF administers IOLTA funds in Tennessee. "The American Bar Association and the nationwide IOLTA community worked feverishly to try to get the congressional 'fix' voted on prior to the sending of those notices, to avert widespread concern in the legal community but that didn't happen." The final answer, she says: "Ignore the notice."
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_122810.pdf


ANTHONY C. BROWN v. TENNESSEE DEPARTMENT OF SAFETY

Court: TCA

Attorneys:

Anthony C. Brown, Nashville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Benjamin A. Whitehouse, Assistant Attorney General, for the appellee, Tennessee Department of Safety.

Judge: CLEMENT

Petitioner filed an appeal to the Commissioner of the Department of Safety to challenge the seizure of his Chevrolet Suburban incident to his arrest for drug related charges and the subsequent forfeiture of his vehicle. An Administrative Judge issued an initial order, finding the Department had carried its burden of proof and established that Petitioner's vehicle was being used to facilitate the sale of illicit drugs and ordering that Petitioner's vehicle be forfeited. The Commissioner's designee affirmed the forfeiture. Petitioner then filed a petition for judicial review with the Davidson County Chancery Court which affirmed the forfeiture by the Department. Finding no error, we affirm.

http://www.tba2.org/tba_files/TCA/2010/browna_122810.pdf


MITCHELL DWAYNE GENTRY, v. JERICA RENAE GENTRY

Court: TCA

Attorneys:

Daniel K. Habenicht, Chattanooga, Tennessee, for the appellant, Mitchell Dwayne Gentry.

Ruth H. DeLange, Englewood, Florida, for the appellee, Jerica Renae Gentry.

Judge: FRANKS

In this divorce case after lengthy trial, the Trial Court designated the mother as the primary residential parent, awarded the mother alimony, child support, and attorney's fees. The father appealed, asking the Trial Court be reversed on the award of primary care, and the alimony award to the mother. The mother appeals the issue of whether the father was entitled to appeal, since he had been held in contempt of court. Upon consideration of the issues, we affirm the Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2010/gentrym_122810.pdf


IN RE: MATTER OF KAITLYN M.W. NATHAN A.W. v. CRYSTAL D.S.P.

Court: TCA

Attorneys:

Thomas D. Forrester, Covington, Tennessee, for Petitioner/Appellant, Nathan A.W.

Frank Deslauriers, Covington, Tennessee, for Respondent/Appellee, Crystall D.S.P.

Judge: KIRBY

This is a child custody case. The mother and father were never married to each other; the child was born when both were teenagers. Under the parenting plan, the mother was designated as the primary residential parent and the father had parenting time every weekend. After the father married, disputes ensued; many were disputes between the father's wife and the child's mother. The father filed a petition to modify the parenting plan to designate him as the child's primary residential parent. He alleged, among other things, that the child was often tardy or absent from school, that the mother lacked stability, and that mother prevented him from exercising his parenting time. The trial court found no material change in circumstances and declined to change custody. The father appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2010/kaitlynmw_122810.pdf


ROBERT JOE LEE v. CHARLES E. RIDENOUR, TRUSTEE, ET AL.

Court: TCA

Attorneys:

Barry K. Maxwell, Madisonville, Tennessee, for the appellant, Robert Joe Lee.

Thomas H. Dickenson, and Oliver D. Adams, Knoxville, Tennessee, for the appellee, FSG Bank National Association.

Judge: SWINEY

In December of 2008, Robert Joe Lee ("Plaintiff") sued Charles E. Ridenour, Trustee, and FSG Bank National Association ("FSG Bank") seeking, in part, a declaratory judgment with regard to two trust deeds, and an injunction preventing FSG Bank from foreclosing on the real property named in the trust deeds. After a trial, the Trial Court entered a Final Judgment on February 25, 2010 finding and holding, inter alia, that the trust deeds created a valid enforceable lien on the named real property, and dismissing Plaintiff's complaint. Plaintiff appeals to this Court. We affirm.

http://www.tba2.org/tba_files/TCA/2010/leer_122810.pdf


SAUNDRA KAY (PACE) MASON v. JAMES E. MASON

Court: TCA

Attorneys:

Lloyd R. Tatum, Tatum & Tatum, Henderson, Tennessee, for Plaintiff/Appellant, Saundra Kay (Pace) Mason.

Dennis W. Plunk, Savannah, Tennessee, for Defendant/Appellee, James E. Mason.

Judge: KIRBY

This is a divorce case. The parties had a long-term marriage, with one minor child born of the marriage. The wife was designated as the primary residential parent, and the husband was required to pay alimony and child support. The wife appeals the amount of child support, the alimony award, and the trial court's denial of her request for attorney fees. The husband argues that he was entitled to relief from his pendente lite child support payments while he was out of work recovering from several surgeries. We reverse the trial court's holding on the husband's pendente lite child support, affirm the remainder of the trial court's holding, and remand.

http://www.tba2.org/tba_files/TCA/2010/masons_122810.pdf


PATRICIA MILLS, ET AL. v. JOHN H. BOOTH, II, ET AL.

Court: TCA

Attorneys:

A. Philip Lomonaco and Bradley L. Henry, Knoxville, Tennessee, for the Appellant, Patricia Mills, Individually and as Surviving Child and Next of Kin of Altha Turlington.

Brian H. Trammell and Erin B. Williams, Knoxville, Tennessee, for the Appellee, John H. Booth, II.

George H. Buxton, Oak Ridge, Tennessee, for the Appellee, Tennessee Farmers Mutual Insurance Company.

Judge: SWINEY

On November 8, 2008, James Turlington and his wife, Altha Turlington, were killed in an automobile accident after their car tuned left in front of a vehicle being driven by John H. Booth, II ("Booth"). Initially, it was believed that the Turlington vehicle was being driven by Altha Turlington. It was determined two days later that the Turlington vehicle was being driven by James Turlington. An accident reconstructionist later concluded that while the Turlington vehicle did turn in front of the Booth vehicle, the Turlington vehicle would have had sufficient time to complete its turn without any collision taking place if Booth had not been speeding. A complaint was filed on November 10, 2009, by Altha Turlington's daughter, Patricia Mills. The Trial Court determined that the statute of limitations began to run on the day of the accident, that the discovery rule could not be used to extend when the statute of limitations began to run, and the complaint had not been filed within the applicable one year statute of limitations. Plaintiff appeals, and we affirm.

http://www.tba2.org/tba_files/TCA/2010/millsp_122810.pdf


DARREN PERRY and MECHELLE PERRY v. ALL UNKNOWN PARTIES HAVING ANY INTEREST IN THE PROPERTY KNOWN AS THE MATHIS CEMETERY LOCATED ON LOT 10 OAK WOODS, MEDINA, TENNESSEE, INCLUDING, BUT NOT LIMITED TO, ANY HEIRS OF MOLLIE J. HERRON, CARLTON MATHIS, IMOGENE G. MATHIS, JAMES W. MATHIS, MARY MATHIS, THOMAS W. MATHIS, and JOSEPH E. MATHIS

Court: TCA

Attorneys:

Ryan K. Porter, Jackson, Tennessee, for the Plaintiff/Appellants, Darren and Mechelle Perry.

Donnie W. Knott, Milan, Tennessee, Attorney Ad Litem for the Defendant/Appellees, Unknown Parties having any interest in the property known as the Mathis Cemetery located on Lot 10 Oak Woods, Medina, Tennessee.

Judge: KIRBY

This appeal arises from a petition to terminate the use of property as a burial ground. The plaintiffs purchased property in which an abandoned cemetery was situated. They filed this complaint for court approval to terminate the use of the property as a burial ground and remove and reinter the remains to another cemetery, pursuant to Tennessee statutes. An attorney ad litem was appointed to represent unknown parties with an interest in the abandoned cemetery. The attorney ad litem investigated and did not oppose the relief sought. The plaintiffs filed a motion for default judgment. The trial court denied the motion for default judgment and dismissed the case. The plaintiffs appeal. We reverse.

http://www.tba2.org/tba_files/TCA/2010/perryd_122810.pdf


STATE OF TENNESSEE v. MARK ANTHONY McNACK
CORRECTION on page 1 changes the name of the public defender from George Morton to George Morton Googe


Court: TCCA

Attorneys:

George Morton Googe, District Public Defender, and Gregory D. Gookin, Assistant Public Defender, attorneys for appellant, Mark Anthony McNack.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; James G. Woodall, District Attorney General; and Shaun Alan Brown, Assistant District Attorney General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The Defendant, Mark Anthony McNack, appeals as of right from the Madison County Circuit Court's revocation of his community correction sentence and order of incarceration. The Defendant contends that the trial court erred in calculating his credit for time served. Following our review, we affirm the trial court's revocation of the Defendant's community corrections sentence but conclude that the Defendant is entitled to credit for time served until the violation warrant was issued. Accordingly, the judgment of the trial court is reversed in part and affirmed in part, and the case is remanded for the correction of the judgment.

http://www.tba2.org/tba_files/TCCA/2010/mcnackm_COR_122810.pdf


STATE OF TENNESSEE v. TERRY WAYNE ROBINSON

Court: TCCA

Attorneys:

Gregory D. Gookin, Assistant Public Defender, for the appellant, Terry Wayne Robinson.

Robert E. Cooper, Jr., Attorney General and Reporter, Rachel E. Willis, Assistant Attorney General; Jerry Woodall, District Attorney General, and Anna Cash, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Terry Wayne Robinson, was indicted by the Madison County Grand Jury for driving under the influence ("DUI") and DUI seventh offense. After a jury trial, Appellant was found guilty of DUI. Appellant pled guilty to DUI, seventh offense. The trial court merged the convictions and sentenced Appellant to four years as a Range II, multiple offender. After the denial of a motion for new trial, Appellant has appealed. Appellant argues on appeal that the evidence was insufficient to support the conviction for DUI. After a review of the record, we determine that the evidence was sufficient to support Appellant's conviction. Accordingly, the judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2010/robinsont_122810.pdf


MARCUS WELCOME v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Marcus Welcome.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Randall E. Nichols, District Attorney General; and William Hood, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Marcus Welcome, was convicted by a Knox County jury of criminal responsibility for aggravated robbery. As a result, Petitioner was sentenced as a Range II, multiple offender to twenty years in confinement. Petitioner's conviction and sentence were affirmed on appeal. State v. Welcome, 280 S.W.3d 215, 218 (Tenn. Crim. App. 2007). Subsequently, Petitioner sought post-conviction relief. After a hearing, the post-conviction court determined that Petitioner had failed to establish that he received ineffective assistance of counsel at trial. After a review of the record, we determine that Petitioner has failed to show that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed.

http://www.tba2.org/tba_files/TCCA/2010/welcomem_122810.pdf


TODAY'S NEWS

Legal News
Your Practice
TennBarU CLE
TBA Member Services

Legal News
Barker, Bahner, raise funds to keep 'Tennessee Plan'
Former Tennessee Supreme Court Justice Mickey Barker and Chattanooga attorney Max Bahner are part of a new group, Tennesseans for Fair and Impartial Courts, seeking to keep the "Tennessee Plan" retention process for judges. The Chattanoogan.com reports that a fund-raising letter was sent, suggesting a $1,500 level of giving. The letter points out that recently there has been "an effort to replace our merit-based system with statewide partisan elections."
Read the story
Addition to drunk driving law begins Jan. 1
Under a new law to take effect Jan. 1, interlock devices will be required for all offenders who are convicted of driving with a blood alcohol content of .15 or higher. The device forces a motorist to blow into a tube before the car's ignition will work.
The City Paper has more
Fired city employee files suit, accuses city of 'culture of concealment'
The former city of Memphis public records coordinator has filed a federal lawsuit claiming she was wrongfully fired in August in retaliation for voicing concerns about a "culture of concealment" among city officials that hindered her ability to do her job. Bridgett Handy-Clay was fired by City Attorney Herman Morris hours after she filed an open-records request of her own for payroll, leave and personnel files of every employee in the City Attorney's Office, including Morris.
The Commercial Appeal reports
Rude or not, Amazon patents gift-return process
In an effort to streamline the gift-return process, Amazon.com has turned to patent law for help. The online retailer has quietly patented a way for people to return gifts before they receive them, much to the irritation of the Miss Manners community. Amazon's innovation, not ready for this Christmas season, includes an option to, for example, "Convert all gifts from Aunt Mildred," the patent says. "The user may specify such a rule because the user believes that this potential sender has different tastes than the user." In other words, the consumer could keep an online list of lousy gift-givers whose choices would be vetted before anything ships.
The Washington Post has the story and the polite reaction from Emily Post's great-great-granddaughter
Criminal defense lawyer's role after 'Padilla' studied
The question of whether the role of the criminal defense lawyer has been affected by the U.S. Supreme Court ruling in Padilla v. Kentucky will be the focus of a task force established last week by the American Bar Association's criminal justice section. The goal is to explore the obligations on lawyers to advise clients about the consequences of criminal convictions and help criminal defense lawyers understand and meet those responsibilities. In Padilla, the court found that a defense lawyer's failure to advise a client that a guilty plea would have deportation consequences for the client amounted to "constitutionally deficient" representation.
Law.com has this story from the New York Law Journal
Your Practice
What will you do to improve your practice in 2011?
What are three things you want to do to improve your law practice in the new year? Do you want to move to a new office building? Set up a Twitter account? Pay off the last of your student loans? Plan a Flash Mob dance? The ABA Journal wants to know. You can also find the responses to its recent question: "What Words & Phrases are Resume Killers?"
Comment here
TennBarU CLE
There's still time to catch last-minute CLE
If you still need CLE to complete your 2010 continuing legal education requirements, we have what you need. The Tennessee Bar Association's TennBarU has hundreds of programs that you can take at your convenience. The TennBarU online classroom is always open and the popular Year-End CLE Blast has returned to the Tennessee Bar Center in downtown Nashville, with programming available from 7 a.m. to 7 p.m. every day between now and Dec. 31. No advance registration is required. Just drop in when it is convenient for you and take as many hours of programming as you need.

TBA Member Services
January 'Journal' details access to justice, more
The Tennessee Supreme Court has put access to justice on the front burner recently. In the January issue of the Tennessee Bar Journal, read an account of how the court's Access to Justice (ATJ) Commission came about and what its plans are now. The magazine also highlights the recipients of TBA's Public Service Awards and carries the Pro Bono Honor Roll. Dan Berexa writes the history of Chancellor George Wythe. Columnist John Day writes about "two gifts to lawyers who practice personal injury law on behalf of plaintiffs." And columnists Marlene Eskind Moses and Jessica Uitto explain pre-nuptial, post-nuptial agreements and trusts. Bill Haltom explores a new way to make money from betting on divorce cases instead of representing clients in them. You may not have the actual magazine yet, but you can
read the Journal online now
Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more

 
 
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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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