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Supreme Court upholds Oregon assisted suicide law
The Supreme Court upheld Oregon's assisted-suicide law today, declaring that the Bush administration had exceeded its authority in trying to undo the statute by punishing doctors who help people end their lives, the New York Times reports.
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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.
01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
08 - TN Court of Criminal Appeals
03 - 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
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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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STEVEN GRIFFIN v. STATE OF TENNESSEE
Court: TSC
Attorneys:
Thomas Bloom, Nashville, Tennessee, for the Appellant, Steven Griffin.
Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor
General; and Brent C. Cherry, Assistant Attorney General, for the Appellee, State of
Tennessee.
Judge: BIRCH
We accepted review of this cause under the Tennessee Rules of Appellate Procedure,
Rule 11, in order to address a question of first impression: whether the right to DNA
analysis created by the Post-Conviction DNA Analysis Act of 2001 may be waived
by implication. Because the clear language of this Act provides that a petition for
analysis may be filed at any time, we hold that the filing of such a petition is not
subject to implied waiver. This holding, however, affects only eligibility to file the
petition; the requirements set forth in the Act must be met before relief may be
granted. Accordingly, and for the reasons stated, we reverse the judgment of the
Court of Criminal Appeals and remand the case to the trial court for further
proceedings pursuant to this opinion.
http://www.tba2.org/tba_files/TSC/2006/griffins011706.pdf
ANTHONY CHATMAN v. CITY OF CHATTANOOGA
Corrected Case
Court: TCA
Attorneys:
Anthony Chatman, Pro Se.
Ann K. Shaffer, Chattanooga, Tennessee, for appellee, City of Chattanooga.
Judge: INMAN
Mr. Chatman was a policeman in Chattanooga. He was fired on September 15, 2003 for
untruthfulness during an investigation, and for conduct unbecoming a police officer. He
appealed to the Chattanooga City Council which upheld his dismissal. His petition for certiorari
was denied and he appeals. We affirm.
Middle initial of attorney Ann Shaffer corrected from "E" to "K"
http://www.tba2.org/tba_files/TCA/2006/chatmana011706.pdf
STATE OF TENNESSEE, ex rel., DARRELL L. TIPTON, MICHAEL L. ROSS, and DALE M. ROSS v. CITY OF KNOXVILLE
Court: TCA
Attorneys:
Debra C. Poplin, Knoxville, Tennessee, for appellant, City of Knoxville.
David L. Buuck, Knoxville, Tennessee, for appellees.
Judge: FRANKS
In this quo warranto action contesting annexation by the City, the Trial Court held landowners were
not entitled to a jury trial and they had the burden of proof to contest in the annexation. Following
trial, the Court held landowners had carried the burden of proof to invalidate the annexation. On
appeal, we affirm the Trial Court’s preliminary rulings, but reverse the invalidation of the
annexation.
http://www.tba2.org/tba_files/TCA/2006/tiptond011706.pdf
LEE A. ALDERSON V. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Lee A. Alderson, Pro Se, Nashville, Tennessee.
Paul G. Summers, Attorney General & Reporter; Christopher Daniel Lins, Assistant Attorney
General, for the appellee, State of Tennessee.
Judge: SMITH
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court
by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
petitioner has appealed the trial court’s order summarily dismissing the petition for the writ of
habeas corpus. In that petition, the petitioner alleges that his judgment was void and that his
sentence was illegal. Upon a review of the record in this case we are persuaded that the trial
court was correct in summarily dismissing the habeas corpus petition and that this case meets the
criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals.
Accordingly, the State’s motion is granted, and the judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/aldersonl011706.pdf
JOHN E. CARTER V. STATE OF TENNESSEE
Court: TCCA
Attorneys:
John E. Carter, Pro Se, Mountain City, Tennessee.
Paul G. Summers, Attorney General & Reporter; Preston Shipp, Assistant Attorney General, for
the appellee, State of Tennessee.
Judge: SMITH
This matter is before the Court upon the State’s motion to dismiss or in the alternative to affirm
the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court
of Criminal Appeals. The petitioner has appealed the trial court’s order summarily dismissing
his three petitions for writ of error coram nobis in which the petitioner alleged that newly-
discovered evidence and his own diminished capacity mandated a new trial. Upon a review of
the record in this case, we are persuaded that the trial court was correct in summarily dismissing
the petitions for coram nobis relief and that this case meets the criteria for affirmance pursuant
to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted,
and the judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/carterj011706.pdf
STATE OF TENNESSEE v. ERIC FIELDS
Court: TCCA
Attorneys:
Robert Wilson Jones, District Public Defender; Tony N. Brayton, Assistant Public Defender;
Amy Mayne, Assistant Public Defender; and Robert Gowan, Assistant Public Defender,
Memphis, Tennessee, for the appellant, Eric Fields.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney
General; William L. Gibbons, District Attorney General; James Lammey, Assistant District
Attorney General; and Vanessa King, Assistant District Attorney General, for the appellee, the
State of Tennessee.
Judge: WOODALL
Following a jury trial, Defendant, Eric Fields, was convicted of the following offenses and
received the following concurrent sentences: aggravated robbery of Yousef Nahhas, a Class B
felony, twelve years; conspiracy to possess more than three hundred grams of cocaine with intent
to sell or deliver, a Class A felony, twenty-five years; attempted second degree murder of Officer
Dariet Wallace, a Class B felony, twelve years; aggravated robbery of Officer Wallace, a Class B
felony, twelve years; and unlawful possession of a handgun, a Class E felony, two years. The
trial court sentenced Defendant as a Range I, standard offender, for his conspiracy drug
conviction, and as a Range II, multiple offender, for his remaining convictions. The convictions
were the result of a jury trial, and the total effective sentence of twenty-five years was the result
of a negotiated agreement of the parties done in lieu of a sentencing determination by the trial
court. In his appeal, Defendant challenges the sufficiency of the convicting evidence. After
review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/fieldse011706.pdf
CHARLIE M. GARDNER v. TONY PARKER, WARDEN
Court: TCCA
Attorneys:
Charlie M. Gardner, Tiptonville, Tennessee, pro se.
Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney
General; Victor S. (Torry) Johnson III, District Attorney General, and Roger Moore, Assistant
District Attorney General, for the appellee, the State of Tennessee.
Judge: WOODALL
Petitioner, Charlie M. Gardner, appeals from the trial court’s summary dismissal of his petition
for writ of habeas corpus. The State has filed a motion for this Court to affirm the judgment of
the trial court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.
Having reviewed the record, we find that the motion has merit and grant same. Accordingly, the
judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/gardnerc011706.pdf
RONNIE JACKSON, JR. v. RICKY J. BELL, WARDEN, and STATE OF TENNESSEE
Court: TCCA
Attorneys:
Ronnie Jackson, Jr., Petros, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General
and Reporter; Victor S. Johnson, District Attorney General; and Dan Hamm, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WELLES
The Petitioner, Ronnie Jackson, Jr., appeals from the trial court’s denial of his petition seeking
habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial
court’s denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State’s
motion is granted. The judgment of the trial court is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/jacksonr011706.pdf
TYRUS A. ROGERS v. DAVID MILLS, Warden
Court: TCCA
Attorneys:
Tyrus A. Rogers, West Tennessee State Prison, Henning, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter, and Sophia S. Lee, Assistant Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The petitioner, Tyrus A. Rogers, appeals the trial court’s denial of his petition for habeas corpus
relief from his conviction for attempted second degree murder. Because the petitioner has failed
to allege a cognizable claim for habeas corpus relief, we affirm the denial of the petition.
http://www.tba2.org/tba_files/TCCA/2006/rogerst011706.pdf
ANDREA SPENCER v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Juni S. Ganguli, Memphis, Tennessee, for the appellant, Andrea Spencer.
Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Greg Gilbert, Assistant District Attorney
General, for the appellee, State of Tennessee
Judge: GLENN
The petitioner was convicted of one count of aggravated rape, two counts of aggravated
kidnapping, two counts of aggravated burglary, and one count of sexual battery and received an
effective sentence of eighty-four years as a multiple offender. His convictions were affirmed and
his sentence was reduced to eighty years on direct appeal by this court. State v. Andrea Spencer,
No. W2002-01483-CCA-R3-CD, 2003 WL 22204526, at *1 (Tenn. Crim. App. Sept. 18, 2003),
perm. to appeal denied (Tenn. Jan. 5, 2004). On February 24, 2004, he filed a timely petition for
post-conviction relief. Following an evidentiary hearing, the post-conviction court denied relief.
On appeal, the petitioner argues that he was denied effective assistance at trial because his
counsel failed to properly investigate and prepare the defense. Following our review, we affirm
the dismissal of the petition.
http://www.tba2.org/tba_files/TCCA/2006/spencera011706.pdf
WILLIAM T. YELTON v. ROBERT WALLER, WARDEN
Court: TCCA
Attorneys:
William T. Yelton, Nashville, Tennessee, pro se.
Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney
General; Victor S. (Torry) Johnson III, District Attorney General, and Pamela Anderson,
Assistant District Attorney General, for the appellee, the State of Tennessee.
Judge: WOODALL
Petitioner, William T. Yelton, filed a petition for habeas corpus relief attacking his Bedford
County theft of property conviction. The trial court dismissed the petition without an evidentiary
hearing. Petitioner has appealed, and the State has filed a motion pursuant to Rule 20 of the
Rules of the Tennessee Court of Criminal Appeals to affirm the judgment of the trial court.
Finding the motion to have merit, we grant same and affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/yeltonw011706.pdf
Removing Administrative Law Practice Exemption from Ethics Act
TN Attorney General Opinions
Date: 2006-01-12
Opinion Number: 06-09
http://www.tba2.org/tba_files/AG/2006/ag_06-09.pdf
Penalties for Panhandling in Violation of City Ordinance
TN Attorney General Opinions
Date: 2006-01-13
Opinion Number: 06-10
http://www.tba2.org/tba_files/AG/2006/ag_06-10.pdf
Courts in Gibson County
TN Attorney General Opinions
Date: 2006-01-13
Opinion Number: 06-11
http://www.tba2.org/tba_files/AG/2006/ag_06-11.pdf
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| TODAY'S NEWS |
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Legal News
Legislative News
Online CLE
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| Legal News |
| Judge William Koch spared challenge to his seat |
| The state’s Judicial Evaluation Commission decided yesterday to give Court of Appeals Judge William Koch Jr. another chance to improve his record on timely writing of court opinions. The commission reversed an earlier vote taken in December that recommended Koch not be retained. After hearing from the judge, the panel decided to reconsider its decision according to a story in today’s Tennessean. |
1017
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| TBA proposes disaster rule |
| The Tennessee Bar Association will propose an amendment to TRCP Rule 6.02 to permit waivers of deadlines when a disaster strikes a clerk’s office or a legal community. The proposal was developed by the Special Committee on Emergency Preparedness and Disaster Recover that was appointed by President Bill Haltom and chaired by Memphis attorney Buck Lewis in the wake of Hurricane Katrina. The proposal is just one step reported on at the TBA Board of Governor’s meeting on Saturday in Nashville. The committee is also working on a TBA Safety and Security Plan, a Continuity of Operations Plan, and other disaster assistance and recovery efforts. |
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| Republican files for Anderson DA post |
| Clinton attorney Roger Miller has announced his candidacy for district attorney general on the Republican ticket, the Oak Ridger reports. |
new_20060116034.shtml
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| YLD recognizes CASA volunteer |
| During the Leadership Conference this past weekend, the TBA Young Lawyers Division presented its annual “CASA Volunteer of the Year” award to Suzanne Harrison with the Davidson County Court Appointed Special Advocates office. Harrison has volunteered with the agency for nine years, handling 28 cases and going well beyond the call of duty in placing children in safe and stable environments. Read more at |
YLD/
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| YLD names second quarter "stars" |
| During the Young Lawyers Division board meeting on Saturday, President Danny Van Horn presented awards to two new Stars of the Quarter. April Berman of Nashville was recognized for her work redesigning the Tennessee Young Lawyer publication. Ben Jones of Knoxville was honored for his membership recruitment efforts. |
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| Legislative News |
| TBA board gives OK to legislative initiatives |
| The TBA Board of Governors on Saturday approved several legislative iniatives for the upcoming General Assembly session. One proposal would strengthen the law on the unauthorized practice of law, while a second measure would make a number of technical changes to the Limited Liability Companies Act passed last year. |
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| Online CLE |
| Disaster Recovery: Your Ethical Duty |
| Tornados, fires and hurricanes happen. This new TennBarU online course will help you prepare for and respond to a disaster with the purpose of improving your chance to successfully recover from it.
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