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Camp picked as State Court Administrator
Randy Camp, who has served three years as state personnel commissioner, will become administrative director of the Tennessee court system on Jan. 1.
http://www.tba2.org/tbatoday/news/2005/camp.html
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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, 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 http://www.tba.org/getpassword.mgi.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
12 - TN Court of Criminal Appeals
04 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
TBA members can get the full-text versions of these opinions three ways detailed below.
All methods require a TBA username and password. If you have forgotten your password or need to obtain a password,
you can look it up on-line at http://www.tba.org/getpassword.mgi
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.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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KIM BROWN v. CARLTON BROWN
Court: TCA
Attorneys:
Gregory D. Smith, and Aminah M. Collick, Nashville, Tennessee, for Appellant.
Jeffrey L. Levy, Nashville, Tennessee, for Appellee.
Judge: FRANKS
In the divorce action, the Trial Court awarded wife a divorce, alimony, child support, and divided
marital property and debts of the marriage, and awarded fees for the wife’s attorney. The husband’s
issues on appeal are valuation and division of property, alimony, attorney’s fees and amount of child
support. We affirm the Trial Court’s Judgment.
http://www.tba2.org/tba_files/TCA/2005/brownk121505.pdf
IN RE M.J.H.
MAL HOOKER v. TONIA SMITH JOHNSON
Court: TCA
Attorneys:
William T. Winchester, Memphis, Tennessee, for the appellant, Mal Hooker.
Gregory S. Gallagher, Memphis, Tennessee, for the appellee, Tonia Smith Johnson.
Judge: KIRBY
This is a petition in juvenile court to modify custody. In November 1997, the juvenile court issued
an order granting the mother primary residential custody of the parties’ daughter, and granting the
father liberal visitation. In October 2001, the father filed a petition to modify his visitation. The
father’s petition was later amended to add a request for joint custody. In November 2001, the
juvenile court entered an order rescheduling the matter for a later date and granting the father
visitation with the child for a full week on alternating weeks, pending the hearing. The mother tried
to obtain a rehearing of that order, but was unable to do so because of numerous procedural
problems. In July 2004, a final hearing was conducted. The juvenile court determined that no
material change in circumstances had occurred since the November 1997 order, and that the child’s
best interest would not be served by granting the parties joint custody. The juvenile court slightly
modified the visitation schedule for the father set forth in the November 1997 order. From that
order, the father now appeals. We affirm.
http://www.tba2.org/tba_files/TCA/2005/hookerm121505.pdf
STATE OF TENNESSEE, EX REL. CHERYL MARKLEY MOCK v. BENJAMIN FRANKLIN DECKER
Court: TCA
Attorneys:
Paul G. Summers, Attorney General and Reporter, Stuart F. Wilson-Patton, Senior Counsel, and
Juan G. Villasenor, Assistant Attorney General, Nashville, Tennessee, for the appellant, State of
Tennessee, ex rel. Cheryl Markley Mock.
Benjamin Franklin Decker, Memphis, Tennessee, appellee, Pro Se.
Judge: KIRBY
This is a Title IV child support case. The child involved in this action was born in September
2000. The parents were never married. The child lived with the mother, and the mother began
receiving financial assistance from the State when the child was born. In February 2002, the
child was legitimated as the natural child of the father. In February 2003, the State, on behalf of
the mother, filed a petition against the father for child support payments. In May 2003, the father
was ordered to pay child support, plus a monthly amount toward his child support arrearage. The
mother filed a petition for rehearing by the juvenile court judge, arguing that the established
arrearage was too high, and asserting that she no longer wanted child support from the father
because the two were reunited. In November 2003, a hearing was conducted. At the conclusion
of the hearing, the trial court terminated the father’s monthly child support obligation and gave
him a credit toward the child support arrearage for payments that had been made directly to the
mother. The State filed a motion to alter or amend the decision, which was denied. The State
now appeals. We reverse.
http://www.tba2.org/tba_files/TCA/2005/mockc121505.pdf
STATE OF TENNESSEE v. COREY C. ABERNATHY
Court: TCCA
Attorneys:
John G. McDougal, Chattanooga, Tennessee, for the appellant, Corey C. Abernathy.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General;
William H. Cox, III, District Attorney General; and Mary Sullivan Moore, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Corey C. Abernathy, was convicted after a bench trial of theft of property under
$500, a Class A misdemeanor, and sentenced to eleven months, twenty-nine days, suspended to
probation. On appeal, the defendant argues the evidence was insufficient to support his conviction.
We conclude that the defendant was not questioned, as required, before being allowed to represent
himself. Accordingly, we reverse the conviction and remand for a new trial.
http://www.tba2.org/tba_files/TCCA/2005/abernathyc121505.pdf
DARRELL BRADDOCK v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Darrell Braddock, West Tennessee State Prison, Henning, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General;
William L. Gibbons, District Attorney General; and John W. Campbell, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: GLENN
The petitioner, Darrell Braddock, appeals the denial of his petition for post-conviction relief, arguing
the post-conviction court erred in finding he received effective assistance of counsel. Following our
review, we affirm the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2005/braddockd121505.pdf
STATE OF TENNESSEE v. RICHARD GASTINEAU
Court: TCCA
Attorneys:
Joseph S. Ozment, Memphis, Tennessee, for the appellant, Richard Gastineau.
Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General;
William L. Gibbons, District Attorney General; and James A. Wax, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: OGLE
The appellant, Richard Gastineau, pled guilty in the Shelby County Criminal Court to reckless
driving, and the trial court sentenced him to a six-month suspended sentence and fined him five
hundred dollars. The trial court also sua sponte ruled that the appellant had violated the implied
consent law and revoked his driver’s license for one year. In this appeal, the appellant claims that
the trial court erred by finding that he violated the implied consent law and by revoking his driver’s
license. Upon review of the record and the parties’ briefs, we conclude that the trial court lacked
jurisdiction over the implied consent law violation and reverse the judgment of the trial court. We
also remand the case to the trial court in order for it to clarify on the record whether the appellant
should receive judicial diversion for the reckless driving conviction.
http://www.tba2.org/tba_files/TCCA/2005/gastineaur121505.pdf
STATE OF TENNESSEE v. RONALD LEE HAMBY
Court: TCCA
Attorneys:
William A. Kennedy, Blountville, Tennessee, for the appellant, Ronald Lee Hamby.
Paul G. Summers, Attorney General & Reporter; Blind Akrawi, Assistant Attorney General; and
William B. Harper, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WADE
The defendant, Ronald Lee Hamby, entered pleas of guilty to aggravated burglary, a Class C felony,
and theft over $500, a Class E felony. The trial court imposed an effective sentence of seven years
to be served in a community corrections program. Fifteen months later, the community corrections
sentence was revoked and the defendant was ordered to serve the remainder of his term in the
Department of Correction. In this appeal, the single issue presented for review is whether revocation
was proper. The judgment is affirmed.
http://www.tba2.org/tba_files/TCCA/2005/hambyr121505.pdf
STATE OF TENNESSEE v. BRANDON JEROME JOHNSON
Court: TCCA
Attorneys:
Terry L. Jordan, Assistant Public Defender, for the Appellant, Brandon Jerome Johnson.
Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; H.
Greeley Wells, Jr., District Attorney General; and Joseph Eugene Perrin, Assistant District Attorney
General, for the Appellee, State of Tennessee.
Judge: HAYES
The Appellant, Brandon Jerome Johnson, appeals the sentencing decision of the Sullivan County
Criminal Court. Johnson pled guilty to possession of less than .5 grams of cocaine for sale or
delivery, tampering with evidence, vandalism, and resisting arrest. Pursuant to the plea agreement,
he was sentenced as a Range I standard offender to an effective sentence of four years and six
months in the Department of Correction. On appeal, Johnson argues that the trial court erred by
denying his request for alternative sentencing. After review of the record, we affirm the judgmentof the trial court.
http://www.tba2.org/tba_files/TCCA/2005/johnsonb121505.pdf
STATE OF TENNESSEE v. CLARENCE EDWARD JOHNSON
Court: TCCA
Attorneys:
Leslie Hale, Blountville, Tennessee, for the appellant, Clarence Edward Johnson.
Paul G. Summers, Attorney General & Reporter; Leslie Price, Assistant Attorney General; and
Robert H. Montgomery, Jr., Assistant District Attorney General, for the Appellee, State of
Tennessee.
Judge: WADE
The defendant, Clarence Edward Johnson, entered pleas of guilty to four counts of forgery, four
counts of identity theft, speeding, failure to provide proof of financial responsibility, two counts of
second offense driving on a revoked license, misdemeanor failure to appear, two counts of felony
failure to appear, and theft under $500. The trial court imposed an effective sentence of six years
of incarceration followed by three years of supervised probation. In this appeal, the defendant asserts
that the trial court erred by denying an alternative sentence. The judgments of the trial court are
affirmed.
http://www.tba2.org/tba_files/TCCA/2005/johnsonc121505.pdf
DEANGELO DEMOND JOHNSON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Deangelo Demond Johnson. J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Deangelo Demond Johnson.
Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General;
Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: OGLE
The petitioner, Deangelo Demond Johnson, pled guilty in the Knox County Criminal Court to
possession of more than .5 grams of cocaine with the intent to sell, felony evading arrest, and driving
on a suspended license. He received a total effective sentence of ten years. Subsequently, the
petitioner filed a petition for post-conviction relief, alleging that his counsel was ineffective. The
post-conviction court dismissed the petition, and the petitioner appeals. Upon our review of the
record and the parties’ briefs, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2005/johnsond121505.pdf
SIDNEY PORTERFIELD v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Sidney Porterfield, Pro Se.
Paul G. Summers, Attorney General and Reporter; Alice B. Lustre, Senior Counsel; William L.
Gibbons, District Attorney General; and Don D. Strother, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: WELLES
The Petitioner, Sidney Porterfield, was convicted of first-degree murder and sentenced to death. The
Petitioner has exhausted his direct appeals and has previously pursued post-conviction relief. The
Petitioner filed the instant habeas corpus petition asserting several claims regarding the validity of
his sentence. The trial court summarily denied the petition. We affirm the judgment of the trial
court.
http://www.tba2.org/tba_files/TCCA/2005/porterfields121505.pdf
STATE OF TENNESSEE v. VICTOR L. POWELL
Court: TCCA
Attorneys:
Clayton F. Mayo (at trial); and David H. Crichton, Assistant Public Defender (on appeal), Jackson,
Tennessee, for the appellant, Victor L. Powell.
Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General;
James G. Woodall, District Attorney General; and Jason White, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: WADE
The defendant, Victor Powell, was convicted of two counts of vehicular homicide (by recklessness
and by intoxication), three counts of vehicular assault, and two counts of driving under the influence.
The conviction for vehicular homicide by recklessness was merged into the conviction for vehicular
homicide by intoxication. In addition, both convictions for driving under the influence were merged
into the conviction for vehicular homicide by intoxication. The trial court imposed consecutive
sentences of twelve years for vehicular homicide and four years for each vehicular assault conviction.
In this appeal, the defendant asserts that the evidence was insufficient and that the trial court erred
by refusing to grant a second mental evaluation. The judgments of the trial court are affirmed.
http://www.tba2.org/tba_files/TCCA/2005/powellv121505.pdf
STATE OF TENNESSEE v. NICHOLAS RIENDEAU
Court: TCCA
Attorneys:
John D. Parker, Jr., Kingsport, Tennessee, for the appellant, Nicholas Riendeau.
Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General;
and Teresa M. Smith, Assistant District Attorney, for the appellee, State of Tennessee.
Judge: WADE
The defendant, Nicholas Riendeau, pled guilty to theft over $1,000, forgery, identity theft, two1
counts of possession of drug paraphernalia, possession with intent to deliver less than .5 grams of
cocaine, simple possession of cocaine, possession of a schedule IV drug (clonazepam), and theft over
$10,000. The trial court imposed a Range I, effective sentence of five years in the Department of
Correction. In this appeal, the defendant asserts that the trial court erred by denying full probation.
The judgments of the trial court are affirmed.
http://www.tba2.org/tba_files/TCCA/2005/riendeaun121505.pdf
STATE OF TENNESSEE v. COREY DESHAWN ROBINSON
Court: TCCA
Attorneys:
Stephen M. Wallace, District Public Defender, and Leslie S. Hale, Assistant Public Defender, for
the appellant, Corey Deshawn Robinson.
Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General;
H. Greeley Wells, Jr., District Attorney General; and Teresa Murray-Smith, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The defendant appeals his sentence of three years confinement after entering a guilty plea to theft
of property over $10,000. The defendant contends the trial judge erred in failing to sentence him to
full probation or other alternative sentencing. Our review reveals that the trial judge complied with
sentencing procedures, and we affirm the sentence.
http://www.tba2.org/tba_files/TCCA/2005/robinsonc121505.pdf
MICHAEL W. SMITH v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Juni S. Ganguli, Memphis, Tennessee, for the appellant, Michael W. Smith.
Paul G. Summers, Attorney General and Reporter; Brian C. Johnson, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Alana Dwyer, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: GLENN
The petitioner, Michael W. Smith, appeals the denial of his petition for post-conviction relief, raising
as his sole issue whether trial counsel was ineffective for failing to properly prepare and investigate
his case. Following our review, we affirm the denial of the petition.
http://www.tba2.org/tba_files/TCCA/2005/smithm121505.pdf
Use of Two Way Video Conferencing at Parole Hearings
TN Attorney General Opinions
Date: 2005-12-15
Opinion Number: 05-175
http://www.tba2.org/tba_files/AG/2005/OP175.pdf
Joint Economic Development Board of Weakley County
TN Attorney General Opinions
Date: 2005-12-15
Opinion Number: 05-176
http://www.tba2.org/tba_files/AG/2005/OP176.pdf
Validity of Tenn. Code Ann. Sec. 41-8-107(c)
Regarding the Use of Subsidies Received for Housing
TN Attorney General Opinions
Date: 2005-12-15
Opinion Number: 05-177
http://www.tba2.org/tba_files/AG/2005/OP177.pdf
Food Allergies under the ADA
TN Attorney General Opinions
Date: 2005-12-15
Opinion Number: 05-178
http://www.tba2.org/tba_files/AG/2005/OP178.pdf
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| TODAY'S NEWS |
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Legal News
Online CLE
Upcoming CLE Programs
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| Legal News |
| TBA asks for more time to comment on TLAP/BPR rule changes |
| The TBA today filed a motion with the Tennessee Supreme Court asking for an additional 3 months -- until March 31 -- to comment on proposed amendments to Rule 9 and Rule 33 proposed by the Tennessee Lawyers Assistance Program (TLAP) and the Board of Professional Responsibility (BPR). The proposal was put out for comment last week by order of the Court. Read the amendment here and the TBA motion here. |
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| Survey shows strong support for general sessions court candidate Jackson |
| The Knoxville News Sentinel reported today that a Knoxville Bar Association survey of nearly 500 attorneys shows longtime prosecutor Andy Jackson as the overwhelming favorite among lawyers to replace retiring Sessions Court Judge Brenda Waggoner. |
0,1406,KNS_347_4316241,00.html
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| Online CLE |
| Two new online courses available on TennBarU |
| Many court cases are decided, not at trial, but at pretrial hearings on search and seizure questions. Learn what the latest cases hold in this important area of criminal procedure from this new course. Also new is a course that addresses the effect of the adoption of comparative fault on those common law tort doctrines that you learned in Torts 101. Scenarios and hypotheticals will raise issues and illustrate the problems that can arise when an important change in the law occurs by judicial fiat, leaving other doctrines uncertainly affected or even abrogated. |
index.htm
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| 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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