TBA Criminal Justice Section April 2002 Newsletter

Letter from Criminal Justice Section Chair Comer Donnell
I want to encourage each member of the Criminal Justice Section to become active in the section's work. This is one of the few organizations where you can find all segments of the Criminal Justice system -- judges, prosecutors, public defenders and private defense lawyers. This exchange of ideas is good for all. It results in the finding of common or overlapping areas of concern.

One such area is the very real need for additional attorneys in most, if not all, District Attorney and Public Defender offices. The caseload has increased tremendously over the past 10 years for these offices -- sometimes as much as several thousand cases in a small 3 or 4 attorney office.

I therefore urge each of you to encourage the TBA to take a strong position as to the very great need for more attorneys in our District Attorney and Public Defender offices, to urge such a position on your local legislators, and to urge your local bar associations to write letters to your local legislators and your local newspapers in support of providing the needed attorneys.

Note from the editor
This issue of the TBA Criminal Justice Newsletter looks to Nashville legislative happenings. As you will note, there are a number of controversial proposals at various stages in the legislative process.

One of these proposals addresses the procedure by which indigent defendants seek funding authorization for expert assistance and requires that all such hearings be in open court. At the last meeting of the executive council of the TBA Criminal Justice Section, the council passed a resolution opposing any legislation that would require indigents defendants to seek funding authorization in open
court.

Our thanks to Jeffrey Henry, with the Tennessee Public Defender's Conference for putting together our Legislative Update.
Please mark your calendars for the first meeting of the new TBA Criminal Justice Section year on Friday, June 14, 2002 at 2:00 p.m. Central Time at the TBA Convention in Chattanooga.

As always, a great many thanks to Lynn Pointer with the TBA for her assistance in compiling and distributing our newsletter.

We need your input and assistance. This is your newsletter. If you have articles, ideas or comments, please let me know.

Best regards,
Dave

David M. Eldridge
Ritchie, Fels & Dillard, P.C.
606 W. Main St., Ste 300
P.O. Box 1126
Knoxville, TN 37901-1126
865.637.0661
eldridge@rfdlaw.com
www.rfdlaw.com

LEGISLATIVE UPDATE
Bills of Interest to Criminal Law Practitioners

DATE: March 15, 2002
From: Jeffrey S. Henry,
Director of Research and Training,
Tennessee District Public Defenders Conference

Abbreviations: HB – House Bill; SB – Senate Bill; ( ) – Primary Sponsor; Jud – Judiciary; H – House; S – Senate; S/C – Subcommittee; JudAdmin – Judicial Administration Subcommittee of the House Judiciary Committee; CrimP&P – Criminal Procedure and Practice Subcommittee of the House Judiciary Committee; TSC – Tennessee Supreme Court: and CCA – Tennessee Court of Criminal Appeals FW&M- Finance
Ways and Means.

Specific information on and status of a bill may be obtained from the Tennessee General Assembly website (www.legislature.state.tn.us), click on Bills.

Jury Sequestration HB2918 (Brooks)/SB2736 (Person) Amends TCA 40-18-116 to grant judge sole discretion to sequester jury in criminal case. S/C amendment states, "In all criminal prosecutions except those in which a death sentence may be rendered". This is a Shelby County bill from the Criminal Court Judges to allegedly correct expenditure of money to sequester juries in minor cases. Passed by House Judiciary on 3/13/2002; will be considered by House F,W & M , not on their calendar at present. On Senate Judiciary for 3/19/2002.

Expert Services HB3065 (Buck)/SB2557 (Fowler) Requires hearing in open court hearing for authorization of expert services for defendant found to be indigent. May be in conflict with Tennessee Supreme Court holding in State v Barnett 909 S.W. 423 (Tenn 1995). No action in Senate Judiciary yet: House Crim P&P will consider the bill on 3/20. The TBA Criminal Justice Section Executive Council has passed a resolution against any legislation that would require indigent defendants to seek authorization for expert services in open court.

Interrogation Bill HB3001 (Buck)/SB2315 (Cohen) A PD Conference Bill resulting from the Tennessee Supreme Court opinion in State v Godsey, 60 S.W. 3d 759 (Tenn 2001). Requires taping of all custodial interrogations. Lots of strong opposition to this bill from law enforcement community. Tennessee Judicial Council by 9-8 vote did not recommend passage of the bill due to significant fiscal impact; but they did not disagree with the concept of taping interrogations. Sponsors are under pressure from law enforcement. At the suggestion of House Sponsor (Buck) looks like the bill will be referred to a study
committee.

PCR Waiver HB3068 (Buck)/SB3120 (Person) DA Conference Bill waiving all PCR issues known to defendant at time of plea unless reserved. Allows defendant to waive issues of counsel’s performance. To be considered by Crim P&P on 3/20; not scheduled in Senate Judiciary.
Work Release Bill HB2619 (Briley)/SB2854 (Henry) Appears to correct Tennessee Supreme Court ruling in State v Morrow (January 11, 2002) that limits misdemeanor work release to general sessions court. Allows work release in misdemeanor sentences in circuit, criminal or general sessions court. Passed full Senate on 3/11 (30-0); passed House Judiciary on 3/6, to be on s/c Budget of House FW&M on 3/20.

Repeal of facilitation of a felony HB2797 (Briley)/SB2475 (Trail) A DA bill that repeals TCA39-11-403.

Prior sex offense convictions HB2112 (Scroggs/SB2023 (Jackson) and HB2215 (Scroggs)/SB2818 (Jackson) Permits evidence of prior sex offense convictions to be introduced and considered as relevant in sex offense cases. Bill has a substantial fiscal note and may be in conflict with the ruling of the TSC in State v Mallard, 40 S.W. 3d 473 (Tenn 2001). Not scheduled in S Jud; deferred by sponsor in House CrimP&P to last s/c calendar of session (which will probably be 3/27).

Post Conviction Defender HB2933 (Briley)/SB2477 (Cohen) Authorizes by statute the Office of the Post Conviction Defender representing the defendant in certain ancillary matters to protect the rights of the
defendant.

Exposure to "meth lab" to constitute severe child abuse HB2885(Ford S)/SB2932(McNally) DCS bill that redefined "severe child abuse" (TCA 37-1-102) to include knowing exposure to or failure to from exposure to methamphetamine lab. Debate in House Judiciary on 3/13 disclosed that there is no statutory definition of "meth lab". Bill rolled one week in House Judiciary to 3/20; bill passed full senate on 2/28
(30-0)

TBA Criminal Justice Section to meet at TBA Convention in Chattanooga
Criminal Justice Section Chair-elect Ross Alderman, has scheduled his first meeting as section chair at TBA Convention at the Chattanooga Marriott on Friday, June 14, 2002 at 2:00 p.m. Central Time. Please mark your calendar to attend this section meeting. The full schedule of convention activities will be detailed in a coming brochure or you may view the tentative schedule on TBA's website at www.tba.org

TBA schedules training: 'How to write an on-line CLE'
TBA is requesting that each TBA Section prepare at least one online CLE course that will be made available to all TBA members and other Tennessee lawyers on the Internet. TBA’s online courses are found at TennBarU at www.tennbaru.com. Nashville Attorney Bill Ramsey (Neal & Harwell) has agreed to provide training for TBA members who would like to learn how to write an online CLE. The training will be held at the Tennessee Bar Center in Nashville. You may choose from one of two
dates:

Friday, May 3 —3:00 - 5:00 p.m.
OR
Wednesday, May 8 —1:00 - 3:00 p.m.

If you are interested in attending this training or if you need
additional information, please contact:

Lynn C. Pointer
Sections/Committees Coordinator
615-383-7421
615-297-8058 (fax)
Lpointer@tnbar.org

PLEASE SEND YOUR SUGGESTIONS FOR WEB LINKS TO ADD TO THIS SECTION'S WEB PAGE, TO: Claudia Jack, District Public Defender, 22nd Judicial District, 809 S Main St Ste 200, PO Box 1735, Columbia, TN 38402. Phone: 931-380-2598 and Fax: 931-540-2451 or email her at: tdjack@djis.net

If you have questions or need information about TBA's Criminal Justice Section, you may contact: Lynn C. Pointer, Sections/Committees Coordinator, Tennessee Bar Association, 221 Fourth Avenue North. Suite 400, Nashville, TN 37219. Email: lpointer@tnbar.org
Phone: (615) 383-7421 and Fax: (615) 297-8058.
OR

Section Chair, Comer Donnell, Public Defender, 213 N Cumberland St, PO Box 888, Lebanon, TN 37087. Phone: 615-443-2771 and Fax: 615-433-2767 or email at: cldonnell@aol.com