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June 16, 2017 Issue

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June 16, 2017 Issue JENKINS PERSPECTIVE LEGAL COMMUNITY UTC takes step Celebrating pro backwards bono volunteers Find Public Notices David Blackburn’s sudden Attorneys gather to inside & online: resignation is a blow to a honor those who donate www.HamiltonCountyHerald.com program on the rise. their time, expertise. P14 P2, 7 Volume 104 | No. 24 Single Copy 50¢ CHATTANOOGA, HAMILTON COUNTY, TENNESSEE June 16 – 22, 2017 What was going on in Chattanooga in 1967? Saturday, June 17 e State Highway Department will install 55 mph maximum speed limit signs on the section of the interstate from Missionary Ridge to the Olgiati Bridge, Vice Mayor A. L. Bender announced Friday. e limit was 75-miles-an-hour. e State Department announced the maximum should be temporarily re- duced within the city limits. e Chattanooga Civi- tan Club held induction Out with ceremonies for the club’s 1967-68 slate of offi cers Friday at Hotel Patten. Gilbert T. Stein succeeds the Warren Clark as president. Other offi cers are Hunter coal Heggie and J. B. Rudisill, Alex McMahan | The Ledger vice presidents, and Sam D. Michael Walton, the grandson of a Harris, treasurer. coal miner, runs Green Spaces. Here Sunday, June 18 he stands in front of a home with solar Millennials see clean, green panels installed by his company. Miss Doris Hays has been granted a Zella Armstrong Fellowship for build a coal plant today,” Wal- Advanced Music Study by energy powering their future ton says. “Every energy source the Chattanooga Cotton By Hollie Deese Walton’s dad was raised by his we all do, at least those of us in the country has depended on Ball Association, Hugh aunt. that have kids. I would say that massive amounts of investment O. Maclellan, president, hattanooga’s Michael It’s a way of life Michael that was successful in some from the federal government. announced. An honor Walton, 33, grew up Walton has no intention of liv- ways.” Nuclear was basically started by graduate of the University in Greenville, Tennes- ing, despite President Trump’s From 2012 to 2015, coal had the federal government in Oak of Chattanooga and Central Csee, about six hours commitment to bringing back a growth rate of -4.25 percent. Ridge. High School, Miss Hays is from Berkeley Springs, West coal jobs. Walton knows those Renewable energy had a growth “ e oil and coal industries now studying for a mas- Virginia, where his biological jobs aren’t coming back, and rate of 6 percent growth during have received hundreds of bil- grandfather was a supervisor at like many of the others who that period. lions of dollars over the years, See 50 YEARS, page 26 a strip coal mine. have found life outside of coal, In 2015, renewable ener- as well as taking land rights His grandfather died when he doesn’t really want them to. gy jobs in the U.S. reached from poor people in West Vir- INSIDE Walton’s father was just 5, “I think a lot of people in 769,000. e solar industry ginia and Kentucky. of pneumonia, speculatively “It’s important that we un- ■ FINANCIAL FOCUS P12 coal country, at least historical- alone employs more people caused by the working condi- ly, are working to make a better than coal, oil and gas combined derstand that there is a role for ■ REAL ESTATE P15 tions. His grandmother died life for their children,” Walton internationally. just six months later, and says. “Ultimately, that’s what “It’s just not competitive to See JOBS, page 5 When quality matters, call Chattanooga’s Let us most trusted title company. help you get Free parking On-site attorneys Locally owned Credit for prior your property Free mobile policies closings Call us today! Our smooth, speedy closing process 423-756-0911 3 LOCATIONS: is both thorough and e cient. www.milliganreynolds.com Downtown | Northgate | Ooltewah 2 | June 16 – 22, 2017 Hamilton County Herald www.hamiltoncountyherald.com News and notes from the Chattanooga Bar Association Bar Association L A E T Pro Bono Night Photos2017 by Jess Rhoda, Blink Photography Sheri Fox, executive director of Legal Aid of East Tennessee (LAET), a 26-county civil law firm dedicated to providing equal access to justice, wel- comes guests to Pro Bono Night 2017, held Friday, June 9 at 2 on the Roof. 13 1089 Bailey Avenue Just a few blocks from downtown, The Conference Bailey Suites o ers Room meeting spaces A 17’x12’ space that can at the right price accommodate 10 people. as well as renovated $30/h for (2-4 hours), or o ce suites. $20/hr (4+ hours) CHATTANOOGA BAR ASSOCIATION BAR CHATTANOOGA Russell Fowler, TITLE at LAET Conference The Hon. William Center M. “Muecke” A 30’x30’ space that can easily accommodate 25 people. Barker, former chief $40.00 / hour for less than 4 hours; justice of $30.00/ hour for 4 + hours. the Includes use of the Sharp Tennessee Aquos Board. Supreme Court, and Fox. www.theBaileySuites.com 1089 Bailey Ave. (423) 486-9079 Chattanooga, TN 37404 [email protected] Executive Committee John C. Harrison Board of Governors Ex-Officio Member TREASURER William G. Colvin Barret S. Albritton The Honorable Pamela PRESIDENT Honorable Christie M. Sheri Fox Fleenor Sell Marc Harwell JUDICIAL REPRESENTATIVE Lee Davis PAST PRESIDENT PRESIDENT-ELECT George G. Hixson Jeffrey W. Maddux Steven M. Jacoway Jimmy Rodgers SECRETARY Linda Minks Hood Brittany T. Faith EXECUTIVE DIRECTOR YLD REPRESENTATIVE Chattanooga Bar Association | The Pioneer Building | Suite 420 | 801 Broad Street | Chattanooga, TN 37402 | 423-756-3222 | Fax: 423-265-6602 |www.chattanoogabar.org www.hamiltoncountyherald.com Hamilton County Herald June 16 – 22, 2017 | 3 Exum to chair TBA estate Tennessee Appellate Court Opinions planning, probatex section State of Tennessee v. Tony Edward Bigoms and I disagree with Judge Thomas’ analysis Case number: E2015-02475-CCA-R3-CD regarding whether a jury separation occurred e Tennessee Bar Association when the jurors were allowed to speak with Authoring judge: Judge D. Kelly Thomas, Jr. has elected Jennifer Exum, estate family members by telephone while in the planning and probate administra- Originating judge: Judge Barry A. Steelman presence of court offi cers, and we conclude that tion attorney at Chambliss, Bahner Following a jury trial, the Defendant, Tony no separation occurred. Likewise, Judge Easter & Stophel, as the chair of the TBA Edward Bigoms, was convicted of premeditated and I depart from Judge Thomas’ analysis of the trial court’s admission of evidence related to Estate Planning and Probate Section. fi rst-degree murder and abuse of a corpse, a Class E felony. See Tenn. Code Ann. §§ 39-13- the Defendant’s knowledge of DNA matters due With more than a decade of expe- 202, -17-312(a). The trial court imposed a total to his presence at a prior judicial proceeding at rience, Exum counsels Chambliss effective sentence of imprisonment for life plus which expert DNA proof was received. Although clients in the areas of estate adminis- four years. On appeal, the Defendant contends Judge Easter and I agree with Judge Thomas tration, estate planning, conservator- (1) that jury separations occurred when the that the evidence was inadmissible, we disagree ships, tax, estate-related litigation and sequestered jury members were allowed to go with his analysis pursuant to Tennessee Rule of general civil litigation. to their individual homes, unsupervised, to pack Evidence 404(b) and believe, instead, that the Exum previously served as the vice their belongings at the start of the trial, were proper framework for determining the admissi- chair of the TBA Estate Planning and allowed to make phone calls to family members bility of the evidence is provided by Rules 401, 402, and 403. Probate Section, overseeing activity during the trial and were allowed to visit with family members the day before the trial for nearly 700 members. e section Jessica Marcel Broadnax v. Quentin Elliott concluded; (2) that the trial court erred in ad- Lawrence keeps members informed of changes mitting testimony from a Tennessee Bureau of Case: E2016-01176-COA-R3-CV in the law related to estate planning Photograph provided Investigation (TBI) special agent regarding that and probate matters through regular agent’s testimony during a previous murder Authoring judge: Judge D. Michael Swiney newsletters and online educational executive council as an Eastern Di- trial at which the Defendant was acquitted; (3) Originating judge: Judge J.B. Bennett vision delegate since 2008, when she content and produces an all-day live that the trial court erred in admitting evidence This case is again before this Court after being CLE program each year. succeeded former Hamilton County found as a result of a warrantless search of the remanded to the Circuit Court for Hamilton Exum has served on the section’s Clerk and Master, S. Lee Akers. Defendant’s cell phone; (4) that the State failed County (“the Trial Court”) for a determination Source: Chambliss, Bahner & Stophel to prove venue by a preponderance of the evi- of whether it was in the best interest of the par- dence; and (5) that the evidence was insuffi cient ties’ minor child (“the Child”) to relocate to New to sustain the Defendant’s convictions. Follow- Jersey with Jessica Marcel Broadnax (“Mother”). Massey & Associates welcomes ing our review, we conclude that jury separa- Mother appeals the Trial Court’s May 5, 2016 tions occurred when the jurors were allowed to order upon remand, which found, inter alia, that go home unsupervised and to make phone calls it was in the best interest of the Child to remain attorney Ethan Hargraves during the trial. Furthermore, we conclude that with Quentin Elliott Lawrence (“Father”) and not ASSOCIATION BAR CHATTANOOGA the State failed to meet its burden to show that to move with Mother to New Jersey.
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