Bar foundation inducts new fellows

The Tennessee Bar Foundation recently inducted 35 new fellows. They are:

Brentwood: Rebecca C. Blair, Julie A. Boswell.
Chattanooga: Arthur P. Brock, John W. McClarty, Susan Elliott Rich.
Cleveland: Michael E. Jenne.
Clinton: Bruce D. Fox.
Dyersburg: W. Lewis Jenkins Jr.
Franklin: Mark L. Puryear III, Virginia Lee Story.
Greeneville: Marcia Phillips Parsons.
Huntingdon: Donald E. Parish.
Jackson: Edward L. Martindale Jr., Michelle Greenway Sellers.
Kingsport: R. Wayne Culbertson.
Knoxville: Dennis R. McClane, Carl A. Pierce, Nathan D. Rowell.
Lawrenceburg: J. Christopher Williams.
Memphis: Carl Q. Carter, Robert E. Craddock Jr., John T. Fowlkes Jr., C. Suzanne Landers.
Milan: C. Timothy Crocker.
Nashville: Kathryn E. Barnett, Clisby Hall Barrow, Mark A. Baugh, Lela M. Hollabaugh, Susan L. Kay, Edward D. Lanquist Jr., Melvin J. Malone, George H. Nolan.
Savannah: Ron E. Harmon.
Waynesboro: Joel Douglas Dicus, James Y. Ross.

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
03 - 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/2011/certlist_021411.pdf


RONALD A. BARKER, A/K/A GEORGE N. BAILEY v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL.

Court: TCA

Attorneys:

Ronald A. Barker, Tiptonville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Kellena Baker, Assistant Attorney General, for the appellees, Tennessee Department of Correction.

Judge: DINKINS

Inmate of the Tennessee Department of Corrections appeals the trial court's grant of summary judgment to the Department in inmate's declaratory judgment action. Finding no error, we affirm.

http://www.tba2.org/tba_files/TCA/2011/barkerr_021411.pdf


ZULU NAANTAANBUU v. SHEILA NAANTAANBUU

Court: TCA

Attorneys:

Sam F. Cole, Jr., Memphis, Tennessee, for the appellant, Sheila Naantaanbuu.

Theresa H. Patterson, Memphis, Tennessee, for the appellee, Zulu Naantaanbuu.

Judge: STAFFORD

In this divorce action, Wife appeals the trial court's denial of: (1) an oral motion for a continuance supported by her doctor's affidavit; and (2) a motion to add, as necessary parties, two mortgagees of real estate alleged to be marital property. Discerning no error, we affirm.

http://www.tba2.org/tba_files/TCA/2011/naantaanbuuz_021411.pdf


RACHEL ELAINE SMITH v. JAMES DANIEL MCGRATH

Court: TCA

Attorneys:

Deana C. Hood, Franklin, Tennessee, for the appellant, Rachel Elaine Smith.

James Daniel McGrath., Columbia, Tennessee, Pro Se.

Judge: DINKINS

Mother appeals action of the trial court in adding a "paramour provision" to an order approving parenting plan for minor child. We modify the judgment and affirm in all other respects.

http://www.tba2.org/tba_files/TCA/2011/smithr_021411.pdf


STATE OF TENNESSEE v. BRENT ALLEN BLYE

Court: TCCA

Attorneys:

Jason R. McLellan, Kingsport, Tennessee, for the appellant, Brent Allen Blye.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; H. Greeley Wells, District Attorney General; and William B. Harper, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

Following a jury trial, the Defendant, Brent Allen Blye, was convicted in Case Number S50,833 of possession with intent to sell 26 grams or more of cocaine, a Class B felony, and two Class A misdemeanors and was sentenced by the trial court pursuant to an agreement by the parties. At the sentencing hearing, the Defendant pled guilty to several felony and misdemeanor charges in three unrelated cases and was sentenced pursuant to a plea agreement to an effective term of 30 years. In this appeal as of right, the Defendant contends that (1) his pro se motions should be considered as a motion for new trial in Case Number S50,833; (2) the evidence presented at trial was insufficient to sustain his convictions in Case Number S50,833; (3) the trial court erred in denying his motion to withdraw his guilty pleas in Case Numbers S46,736, S48,639, and S51,239; (4) his right to a speedy trial was violated in Case Number S46,736; (5) the trial court erred in sentencing him; and (6) the trial judge who presided over the sentencing hearing for all four cases should have recused herself. Following our review, we affirm the convictions but remand the case for the entry of corrected judgments consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2011/blyeb_021411.pdf


STATE OF TENNESSEE v. DOUGLAS WAYNE YOUNG

Court: TCCA

Attorneys:

Timothy R. Wilkerson, Kingsport, Tennessee (on appeal), and William A. Kennedy, Blountville, Tennessee (at trial), for the appellant, Douglas Wayne Young.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Barry P. Staubus and Teresa Nelson, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

A Sullivan County Criminal Court Jury convicted the appellant, Douglas Wayne Young, of aggravated rape and sentenced him to twenty-two years in the Tennessee Department of Correction. On appeal, the appellant claims that the trial court erred in (1) admitting the appellant's nine millimeter handgun into evidence; (2) admitting scientific evidence from a DNA and serology expert; (3) finding that there was sufficient evidence to support the conviction; (4) giving the jury an instruction concerning flight; and (5) imposing a sentence of twenty-two years. Upon review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/youngd_021411.pdf


TODAY'S NEWS

Legal News
Tenn. Government
TBA in the News
Upcoming
Disciplinary Actions
TBA Member Services

Legal News
LSC budget increased, but not at rate requested
The White House budget request for fiscal year 2012, released today, recommends $450 million in funding for the Legal Services Corporation (LSC) -- a $30 million increase over the current funding level. The increase fell short of the agency's request for $516.5 million in legal aid funding, but still ran counter to calls for cuts from House Republicans. LSC President James J. Sandman thanked the president for the increase saying, "More people need legal services than ever because of the recession, high unemployment, and the slow economic recovery."
Read the agency's statement and budget documents on its website
ABA opposes LSC cuts
In related news, the ABA House of Delegates adopted a resolution today opposing any cuts in funding for the Legal Services Corporation in the current fiscal year. Resolution 10E passed the body on a voice vote. Last week, congressional Republicans unveiled a proposal to cut $75 million from the LSC budget for the remainder of fiscal year 2011.
Read the House of Delegates' resolution
Repeat DUI offenders denied bond
Some general sessions judges and night court magistrates in the Middle Tennessee have been jailing repeat DUI offenders -- even those facing misdemeanor charges -- without bond because they believe a new law requires them to do so. According to the state attorney general, however, the law -- while maybe not clear -- was not intended to direct judges to deny bail, but was adopted to encourage electronic monitoring devices and random drug tests while DUI offenders wait for their day in court. In Davidson County, Criminal Court Judge Mark Fishburn has intervened and ordered a stop to the denial of bond in such cases.
Read more in the Tennessean
Lawsuit challenges sheriff's immigration powers
An American citizen detained twice by the Davidson County Sheriff's Office on suspicion of being an illegal immigrant is now suing the office, demanding it be banned from participating in a federal deportation program. On Feb. 25, a Davidson County Chancery Court judge likely will decide whether to grant a temporary injunction. Immigration lawyers in the state say they are watching the case with interest.
Learn more in the Tennessean
Chattanooga lawyers form new firm
Chattanooga lawyers William H. Horton, Carol Ballard and Bill Pemerton have formed the new law firm of William H. Horton & Associates PLLC, which will focus on general business and litigation. The office will be located in the James Building in downtown Chattanooga.
Chattanoogan.com has more
ABA task force on court funding hears tales of woe
The American Bar Association Task Force on Preservation of the Justice System held its inaugural meeting in Atlanta last week as part of the ABA's midyear meeting. The task force is charged with addressing "the severe underfunding of our justice system, depletion of resources, and the courts' struggle to render their constitutional function and provide access to justice for countless Americans." Testimony before the panel included stories of judges going without health insurance, courts soliciting free pens from vendors and one state's decision to suspend civil jury trials for a year to save money.
Learn more about the hearing
Businesses shift strategy in hiring lawyers
The recession has brought changes to the business of law as companies try to find ways to lower fees and enter into less costly billing arrangements. Industry experts say some of these strategies include using junior associates at a lower billing rate, engaging different lawyers for specific issues, and paying by the hour rather than by retainer. In a New York Times article reprinted in the Memphis Commercial Appeal, business consultants and law firm managers offer their insights for making legal services affordable for small businesses.
Read it here
Tenn. Government
Haslam downplays jobs bill, focuses on deregulation
Gov. Bill Haslam is trying to dampen expectations for a jobs-creation package of legislation, saying he will focus instead on ridding the state of burdensome business regulations. In a speech last week, he mentioned two likely targets: tort reform and regulations that discourage insurance companies from moving to the state.
The Nashville City Paper reports
TBA in the News
TBA weighs in on AG election debate
An article in today's Chattanooga Times Free Press summarizes a Federalist Society study that the last eight Tennessee attorneys general have had Democratic Party affiliations, suggesting that election or appointment of the AG would allow for more public accountability. TBA Executive Director Allan Ramsaur responds saying the current process keeps the office free from the influence of partisan elections.
Read the story
Upcoming
King of the Court: SEC trailblazer to keynote Napier-Looby event
The Napier-Looby Bar Foundation's 7th Annual Barristers' Banquet will feature Southeastern Conference basketball trailblazer and attorney Perry Wallace this Thursday at the Renaissance Hotel in Nashville. Tickets and sponsorship opportunities are still available for the event, which begins with a reception at 6 p.m., followed by dinner and awards presentations. Music will be provided by the Tennessee State University choir.
Learn more or register to attend
Disciplinary Actions
Knoxville lawyer disbarred
On Feb. 8, Knoxville attorney Nathanael Ellis Anderson was disbarred and ordered to pay $7,166.50 in restitution to former clients. The action was based on 12 client complaints, and is in addition to a previous disbarment and restitution order issued in March 2009. The disbarment was imposed after the Tennessee Supreme Court found that Anderson continued to practice law and make false statements to his clients about his status after being suspended.
Download the BPR notice
Dyer County lawyer suspended
Dyer County lawyer Martin Lynn Howie was immediately and summarily suspended from the practice of law on Feb. 8 after the state Supreme Court found that he failed to respond to a complaint of misconduct.
See the BPR release
Gallatin lawyer suspended
Gallatin lawyer Cheryl J. Skidmore was immediately and summarily suspended from the practice of law on Feb. 8 after the state Supreme Court found she posed a threat of substantial harm to the public.
View the BPR summary
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

 
 
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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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