Wyrick Among Speakers for Equal Justice University

The Tennessee Alliance for Legal Services (TALS) has announced the keynote speakers for its 2013 Equal Justice University. They include Tennessee Supreme Court of Tennessee Chief Justice Gary Wade, Memphis Mayor A C Wharton Jr., Tennessee House of Representatives Speaker Beth Harwell and TBA President Cindy Wyrick. The event, set for Oct. 8-11 in Nashville, is sponsored by TALS and the TBA. Learn more or register for the program on the TALS website.

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.

00 - TN Supreme Court
00 - TN Workers Comp Appeals
00 - TN Supreme Court - Rules
00 - TN Court of Appeals
03 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
00 - TN Supreme Court - Disciplinary Orders









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.


TN Court of Criminal Appeals

STATE OF TENNESSEE v. FREDA DARLENE GARRETT

Court: TN Court of Criminal Appeals

Attorneys:

Larry D. Wright, Assistant District Public Defender, Cleveland, Tennessee, for the appellant, Freda Darlene Garrett.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany Faughn, Assistant Attorney General; Robert Steven Bebb, District Attorney General; and A. Wayne Carter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: PAGE

The State obtained a probation revocation warrant seeking to revoke the probation of appellant, Freda Darlene Garrett, for committing new criminal offenses, failing to report, and failing to pay court-ordered restitution. Following a revocation hearing, the trial court revoked appellant’s probation in the case listed on the warrant (case number 08-028) and also on a case not listed on the warrant (case number 01-359). On appeal, appellant argues that she did not have notice of the probation revocation in the latter case and that her probationary sentence in that case had expired and was not subject to revocation. Following our review, we reverse the judgment of the trial court revoking appellant’s probation in case number 01- 359 and affirm the judgment of the trial court revoking appellant’s probation in case number 08-028.


STATE OF TENNESSEE v. KENNY KIMBLE
With concurring opinion.

Court: TN Court of Criminal Appeals

Attorneys:

Dewun R. Settle, Memphis, Tennessee, (on appeal); Stephen C. Bush, District Public Defender; Alicia Kutch and Jennifer Johnson, Assistant Public Defenders, Memphis, Tennessee, (at trial), for the appellant, Kenny Kimble.

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Amy P. Weirich, District Attorney General; Carrie Sheldon and Jennifer Nichols, Assistant District Attorneys General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Kenny Kimble, was found guilty of rape of a child. The trial court imposed a sentence of twenty-five years. In his only issue raised on appeal, Defendant asserts that the trial court erroneously admitted hearsay testimony. The State argues that this issue is waived because the motion for new trial was untimely filed, having been filed more than thirty days after entry of the judgment of conviction. We reject the State’s argument concerning the timeliness of the motion for new trial. The judgment of conviction was not stamp-filed by the clerk, and thus there is nothing in the record to show that the motion for new trial was filed late. However, after review of the issue on its merits, we affirm the judgment of the trial court.


JEREMY YOUNG v. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

R. Todd Mosley, Memphis, Tennessee, for the appellant, Jeremy Young.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Dean Decandia, Assistant District Attorney General; for the appellee, State of Tennessee.

Judge: THOMAS

The Petitioner, Jeremy Young, appeals from the denial of his petition for post-conviction relief. He contends (1) that his guilty plea to first-degree murder was not knowingly and voluntarily entered and (2) that he was denied the effective assistance of counsel because his trial attorneys allowed their hired agents to unduly influence him into pleading guilty, failed to seek a change of venue, and led him to believe that he could get his conviction overturned on post-conviction relief. After consideration of the record and the applicable authorities, we affirm the judgment of the post-conviction court.


Holder in Nashville to Address Police Group

U.S. Attorney General Eric Holder was in Nashville today to speak to the annual convention of the National Association of Police Organizations, The Tennessean reports. Afterward he met privately with six black ministers, reportedly discussing the Trayvon Martin case, voting rights and incarceration rates. Though he did not get into specifics of the Justice Department’s investigation of the incident or discuss the state’s "stand your ground law," Holder said Florida was "full of targets of injustice," giving his agency plenty to do there, according to Rev. Enoch Fuzz, pastor of Corinthian Missionary Baptist Church. Holder also talked about the need to educate citizens about their voting rights and the problem of too many young people going to prison.


Knox Commission Names New Trustee

The Knox County Commission has named Craig Leuthold as the new county trustee, Knoxnews reports. Leuthold has held public positions since 1995, working for the county trustee and property assessor and serving on the county commission for two terms. He replaces John J. Duncan III, who resigned this month after pleading guilty to paying bonuses for work that was not completed. Leuthold emphasized he would work to repair the damage done to the office. “I’m going to work toward changing morale,” he said. “I’m going to be transparent.” The appointment is a temporary one. The office will be up for election in September 2014.


Butler Snow Expands Into Denver Market

Butler, Snow, O’Mara, Stevens and Cannada, with offices in Memphis and Nashville, announced today its has expanded into the Denver market. The new office will specialize in new markets tax and public finance, adding to the firm’s growing Public Finance and Incentives Group. Thane R. Hodson and A. Ann Hered have joined the firm and will staff the office.


Forclosure, Delinquency Rates Decline in Memphis

Memphis saw a decrease in foreclosure and delinquency rates from last year according to a new study by CoreLogic. A report by the company shows that the foreclosure rate dropped from 2.59 percent in May 2012 to 1.75 percent this year -- beating the national foreclosure rate of 2.61 percent. The report also found that the delinquency rate decreased from 8.71 percent last year to 7.51 percent this year. The Memphis Business Journal has more on the story.


New Resource for Family Law Practioners

Memphis lawyer Claudia Haltom has released a new e-book titled The Single Parent Referee Workbook. The book provides step-by-step guidance to help single parents find solutions to real world problems and set positive goals for their future. Available online at Amazon’s Kindle store, the book draws on Haltom’s many years as a family law practioner and juvenile court judge. She now runs the Memphis nonprofit A Step Ahead, which she founded after leaving the bench.


AOC Seeks Compliance Auditor

The Tennessee Administrative Office of the Courts is seeking a qualified person for the position of Supreme Court Rule 13 Compliance Auditor. A successful candidate must be able to interpret Supreme Court rules and orders and possess strong communication skills. Job duties include reviewing and auditing Indigent Defense Fund claims, identifying potential billing irregularities and resolving billing issues with attorneys, judges and other judicial personnel. The position is available immediately. Learn more on the AOC’s website.


Home School Parents to Petition High Court

A couple who fled Germany to home school their children but have been denied U.S. asylum, say they are preparing to ask the Supreme Court to hear the case. They also told the Chattanooga Times Free Press that they are working with Congress to try to change the law. The Romeikes moved to East Tennessee in 2008 after an escalating fight with German officials. The family initially was granted asylum by a Memphis immigration judge, but that ruling was overturned. In May, the U.S. 6th Circuit Court of Appeals said the family did not meet the criteria for asylum, finding that Germany does not single out religious minorities for persecution. The family’s lawyer, however, disagrees saying Germany uses the mandatory schooling law to limit the growth of religious minorities.


Political Consultant Made Campfield ‘Robo Calls’

The head of a Knoxville political consulting firm has admitted responsibility for an automated telephone survey asking voters their opinion of state Sen. Stacey Campfield. But Ben Farmer, owner of Cyragon LLC, maintains that he had no intention of harassing voters or attacking Campfield, Knoxnews reports. In an interview with the TBI, Farmer explained that the survey was an internal test and a computer glitch caused 2,000 targeted voters to receive multiple calls. The TBI has been investigating the “robo poll” at the request of District Attorney General Randy Nichols. Campfield said the explanation for the calls was “ridiculous” since Farmer is a supporter of Richard Briggs, a Knox County commissioner and physician who has declared himself an opponent to Campfield in the 2014 Republican primary.


 
 

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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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