Child support variance rule retained

The Department of Human Services has retained its 15 percent income change variance criterion for seeking a modification of child support orders that were set to expire on Dec. 31. The action came by emergency rule and deletes the provision that could have led to a flood of modification petitions tied to the operation of the new income shares model. The emergency rule is effective immediately.

Other recommended changes to the child support guidelines are expected shortly based upon work of the department's advisory committee.

http://www.tba2.org/tbatoday/news/2005/childsupport_12_2005.pdf

TODAY'S OPINIONS
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Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. 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. 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. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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Knoxville, Tennessee
Editor-in-Chief, TBALink

JAMES DUBOSE v. TONY PARKER, Warden, STATE OF TENNESSEE

Court: TCCA

Attorneys:

James DuBose, Pro Se.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General; and Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, James DuBose, appeals the denial of his petition for a writ of habeas corpus. The Defendant, serving a sentence of life in prison for first degree murder, raises four issues on appeal: 1) that the claims raised in his petition for habeas corpus relief were not previously adjudicated; 2) that his judgment of conviction is void because his indictment failed to allege an offense; 3) that his judgment of conviction is void because it is based on an unconstitutional statute; and 4) that the trial court erred in failing to appoint counsel for his habeas corpus proceedings. Finding the denial of the Defendantís petition was appropriate, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2005/dubosej121305.pdf


JERRY FAULKNER a/k/a JOSEPH FAULKNER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jerry Faulkner a/k/a Joseph Faulkner, Appellant, Pro Se.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; and William L. Gibbons, District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

On January 27, 2004, the Shelby County Criminal Court accepted the guilty pleas of Jerry Faulkner, also known as Joseph Faulkner, the petitioner, on three counts of aggravated robbery and a single count of aggravated rape. The effective 20-year sentence was imposed to run concurrently with another state sentence and ďall Federal convictions.Ē On April 13, 2004, the petitioner, who was incarcerated in a federal facility in Memphis, filed a petition in the conviction court for a writ of habeas corpus. Because the petitioner was in federal custody, the habeas corpus court dismissed the petition, and the petitioner appealed. Following our review, we affirm the order of the habeas corpus court.

http://www.tba2.org/tba_files/TCCA/2005/faulknerj121305.pdf


JAMES EMMETT MOSES, JR. v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

James Emmett Moses, Jr., Appellant, Pro Se.

Paul G. Summers, Attorney General & Reporter; Brian C. Johnson, Assistant Attorney General; and Elizabeth T. Rice, District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The petitioner, James Emmett Moses, Jr., pleaded guilty to aggravated burglary, two counts of robbery, and theft of property under $500, for which he received an effective 26-year incarcerative sentence. On direct appeal, the petitioner unsuccessfully challenged his sentences as excessive. See State v. James Emmett Moses, Jr. v. State, No. W1999-01509-CCA-R3-CD (Tenn. Crim. App., Jackson, Mar. 7, 2000) (hereinafter Moses I). The petitioner then sought and was denied post-conviction relief. See James Emmett Moses, Jr. v. State, No. W2001-01394- CCA-R3-PC (Tenn. Crim. App., Jackson, Feb. 22, 2002) (hereinafter Moses II). The petitioner subsequently filed a habeas corpus petition alleging that he received an illegal sentence pursuant to Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), and the habeas corpus court summarily dismissed the petition. The petitioner now brings the instant appeal challenging that denial, and after a thorough review of the record and applicable law, we affirm the judgment of the lower court.

http://www.tba2.org/tba_files/TCCA/2005/mosesj121305.pdf


STATE OF TENNESSEE v. CURTIS PALMER

Court: TCCA

Attorneys:

Mark Mesler, Memphis, Tennessee, for the appellant, Curtis Palmer.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; William L. Gibbons, District Attorney General; Phillip Gerald Harris, Assistant District Attorney General; and Patience Branham, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Curtis Palmer, was convicted of first degree felony murder in the perpetration of aggravated burglary in count one of the indictment and first degree felony murder in the perpetration of theft of property in the second count, and was sentenced to life imprisonment without the possibility of parole. The trial court merged Defendantís conviction for felony murder in count two into his conviction for felony murder in count one. In his appeal, Defendant argues (1) that the evidence is insufficient to support his conviction on the charge of felony murder; (2) that he was denied his right to a speedy trial; (3) that the trial court erred in denying his motions to suppress; (4) that the trial court erred in its evidentiary rulings; (5) that the trial court erred in failing to instruct the jury on voluntary manslaughter as a lesser included offense of the charged offenses; and (6) that the prosecution engaged in prosecutorial misconduct during closing argument. After a thorough review of the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2005/palmerc121305.pdf


The Legal Duty of Pharmacies to Allow Inspection of Methamphetamine Precursor Registries

TN Attorney General Opinions

Date: 2005-12-13

Opinion Number: 05-174

http://www.tba2.org/tba_files/AG/2005/OP174.pdf

TODAY'S NEWS

Legal News
Online CLE
Upcoming CLE Programs

Legal News
Celebration ceremony honors Justice Clark
Several hundred members of the Tennessee legal community gathered in Nashville's Hermitage Hotel today for an Investiture Celebration for new Tennessee Supreme Court Justice Cornelia Clark. The event was jointly sponsored by the Tennessee Bar Association, the Lawyers' Association for Women and the Tennessee Lawyers' Association for Women.
clark_12_2005.html
Speculation follows Knox judge's retirement announcement
The pending retirement of Sessions Court Judge Brenda Waggoner has rumors flying in Knox County, with speculation about Circuit Court Clerk Cathy Quist moving into the position and creating an opening the clerk's office, the Knoxville News-Sentinel reports.
0,1406,KNS_347_4310486,00.html
Judge's retirement sparks interest in election
Judge Steven H. Jones' Monday announcement that he will retire rather than seek re-election is sparking considerable interest in the Sullivan County election, the Kingsport Times-News reports. Learn who is considering filing for the seat and for other races.
article.dna?_StoryID=3579187
Online CLE
New TennBarU online video courses focus on real estate
Brush up on your real estate law knowledge with three new courses available online from TennBarU. Available in a video format are: High Risk Practices in Real Estate (1 hour dual), Tennessee Real Estate Case Law Update (.5 hour) and How Do I Surrender Manufactured Home Titles in Tennessee (.5 hour).
tnbar/
Upcoming CLE Programs
Special offer for last-minute CLE program
TennBarU is offering more than 150 hours of video replays (100+ ethics hours) between Dec. 27 and Dec. 30 at the Tennessee Bar Center in Nashville. We still need moderators to fill some of the three hour shifts -- moderators will earn 6 hours credit for each shift. Interested? Call TennBarU Administrator Kathleen Caillouette at (615) 383-7421 and schedule your shift today.
endofyear_2005.html

 
 
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