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Supreme Court Justice Anderson to retire Aug. 31
Tennessee Supreme Court Justice E. Riley Anderson announced today that he will retire Aug. 31, ending a 30-year judicial career that included four terms as chief justice. In hearing the news, TBA President Bill Haltom said, "Justice Riley Anderson is a great Tennessee judge. What makes America great is the rule of law applied by fair and impartial judges. Justice Anderson's career exemplifies that greatness."
http://www.tba2.org/tbatoday/news/2006/anderson.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.
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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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AMY LYNELLE GARDNER v. RICHARD WENDELL GARDNER
Court: TCA
Attorneys:
Jon S. Jablonski, Nashville, Tennessee, for the appellant, Amy Lynelle Gardner.
Michael R. Jennings, Lebanon, Tennessee, for the appellee, Richard Wendell Gardner.
Judge: CLEMENT
Amy Lynelle Gardner appeals the post-divorce modification of child support provisions.
Father, Richard Wendell Gardner, petitioned the court for modifications claiming the child support
provisions were unconscionable, in part due to the fact the parties used one attorney for the divorce
proceedings from which the child support provisions emanate. The trial court found Father was not
properly represented and that certain provisions were unconscionable. As a result, the trial court
relieved Father of the contractual obligation to pay support for a child past majority, required that
Mother apply her state employee discount to the child’s college tuition, and awarded Father the tax
deduction for the years he paid tuition. Finding no error, we affirm the trial court.
http://www.tba2.org/tba_files/TCA/2006/gardnera012506.pdf
N. VICTORIA HOLLADAY v. CHARLES SPEED, ET AL.
Corrected Case
Court: TCA
Attorneys:
Robert E. Craddock, Memphis, Tennessee, for the appellant, N. Victoria Holladay.
William Bryan Penn, Memphis, Tennessee, for the appellee, Charles Speed Contractors, Inc.
Judge: FARMER
Plaintiff homeowner filed a cause of action against Defendant builder alleging breach of express
warranty, breach of implied warranty of good workmanship, misrepresentation, and violation of the
Tennessee Consumer Protection Act. Plaintiff alleged damages in the amount of $15,000 and “other
damages,” and also sought punitive damages. The trial court found no violation of the Consumer
Protection Act and awarded Plaintiff damages in the amount of $11,103 for the cost of repairs.
Plaintiff appeals and Defendant cross-appeals. We affirm in part, reverse in part, and remand.
Case corrected to change "licenced" to "licensed" on page 7, paragraph 5, line 7. The case was filed originally on December 28, 2005.
http://www.tba2.org/tba_files/TCA/2006/holladayn_corr012506.pdf
THOMAS ALVIN CARTER v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Robert L. Jolley, Jr., Knoxville, Tennessee, for the appellant, Thomas Alvin Carter.
Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Jerry
N. Estes, District Attorney General; and Charles W. Pope, Jr., Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: TIPTON
The petitioner, Thomas Alvin Carter, appeals from the Monroe County Criminal Court’s dismissal
of his petition for post-conviction relief from his guilty plea to theft over $500 but less than $1000,
a Class E felony. He contends that his guilty plea was unknowing and involuntary and that he
received the ineffective assistance of counsel. We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/cartert012506.pdf
STATE OF TENNESSEE v. BETTY GOUGE
Court: TCCA
Attorneys:
William B. Lawson, Erwin, Tennessee, for the appellant, Betty Gouge.
Paul G. Summers, Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Joe
C. Crumley, Jr., District Attorney General; and Melanie Futrell Gwinn, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: TIPTON
The defendant, Betty Gouge, pled guilty to one count of sale of one-half gram or more of cocaine,
a Class B felony, one count of possession with intent to sell one-half gram or more of cocaine, a
Class B felony, and one count of possession with the intent to sell less than ten pounds of marijuana,
a Class E felony. The Unicoi County Criminal Court sentenced her to eight years for each Class B
felony and one year for the Class E felony to be served concurrently as a Range I, standard offender
in the Department of Correction. The defendant appeals, contending that the trial court erred in
denying her probation or alternative sentencing. We affirm the judgments of the trial court but we
remand case number 5337, Count 3, to the trial court for the judgment to reflect that the defendant
pled guilty and was found guilty.
http://www.tba2.org/tba_files/TCCA/2006/gougeb012506.pdf
MARK GRIFFIN v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Brian J. Hunt, Clinton, Tennessee, for the Appellant, Mark Griffin.
Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General; and
James N. Ramsey, District Attorney General, for the Appellee, State of Tennessee.
Judge: WITT
The petitioner, Mark Griffin, appeals from the Anderson County Criminal Court’s dismissal of his
petition for post-conviction relief, through which he had challenged his conviction of first degree
felony murder. On appeal, the petitioner claims that ineffective assistance of trial counsel and certain
due process violations invalidate his convictions. We disagree and affirm.
http://www.tba2.org/tba_files/TCCA/2006/griffinm012506.pdf
STATE OF TENNESSEE v. KRISTI DANCE OAKES
Court: TCCA
Attorneys:
Barry H. Valentine, Newport, Tennessee, for the Appellant, Kristi Dance Oakes.
Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; and
Al Schmutzer, Jr., District Attorney General, for the Appellee, State of Tennessee.
Judge: WITT
The defendant, Kristi Dance Oakes, stands charged in the Sevier County Circuit Court with one
count of statutory rape. The district attorney general denied her application for pretrial diversion,
an action upheld by the trial court upon certiorari review of that decision. The defendant obtained
an interlocutory appeal from this court via Tennessee Rule of Appellate Procedure 10. Following
our review, we vacate the order upholding the denial of pretrial diversion and remand the case to the
trial court.
http://www.tba2.org/tba_files/TCCA/2006/oakesk012506.pdf
STATE OF TENNESSEE v. BRUCE E. OLSON
Court: TCCA
Attorneys:
James R. Hickman, Jr., Sevierville, Tennessee, for the appellant, Bruce E. Olson.
Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General;
Al C. Schmutzer, Jr., District Attorney General; and Steven R. Hawkins, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: TIPTON
A Sevier County Circuit Court jury convicted the defendant, Bruce E. Olson, of rape of a child, a
class A felony, and the trial court sentenced him to serve twenty years at one hundred percent in the
Department of Correction. On appeal, the defendant claims that the evidence was insufficient, that
the trial court erred in not excluding the defendant’s statement to police based upon the state’s delay
in providing him a redacted copy, and that the state violated his right to due process by withholding
exculpatory evidence. We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/olsonb012506.pdf
STATE OF TENNESSEE v. EFRAIN MURILLO RAMIREZ
Court: TCCA
Attorneys:
Greg W. Eichelman, District Public Defender; and Ethel Rhodes, Assistant District Public Defender,
for the Appellant, Efrain Murillo Ramirez.
Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General;
C. Berkeley Bell, Jr., District Attorney General; and Cecil Mills, Assistant District Attorney General,
for the Appellee, State of Tennessee.
Judge: WITT
The defendant, Efrain Murillo Ramirez, who is serving an eight-year Department of Correction
sentence for a Greene County Criminal Court jury conviction of possession of one-half or more
grams of cocaine with intent to sell or deliver, appeals and challenges the trial court’s denial of his
motion to suppress the cocaine seized from his automobile. Because the suppression issue has been
waived by the failure to file a timely motion for new trial, the judgment is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/ramireze012506.pdf
TERRELL L. ROBINSON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Steve Brown (at trial), and Donna Robinson Miller (on appeal), Assistant District Public Defenders,
for the appellant, Terrell L. Robinson.
Paul G. Summers, Attorney General & Reporter; David E. Coenen, Assistant Attorney General; and
Bates Bryan, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WADE
The petitioner, Terrell L. Robinson, appeals the denial of his petition for post-conviction relief. In
this appeal of right, he asserts that his guilty plea was not knowingly and voluntarily entered and that
he did not receive the effective assistance of counsel. The judgment of the post-conviction court is
affirmed.
http://www.tba2.org/tba_files/TCCA/2006/robinsont012506.pdf
STATE OF TENNESSEE v. BOWMAN ROBERT RUSSELL
Court: TCCA
Attorneys:
Joe H. Walker, District Public Defender; and Walter B. Johnson and Buddy Hathcock, Assistant
District Public Defenders, for the Appellant, Bowman Robert Russell.
Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General;
J. Scott McCluen, District Attorney General; and D. Roger Delp, Assistant District Attorney General,
for the Appellee, State of Tennessee.
Judge: WITT
The defendant, Bowman Robert Russell, appeals from his Loudon County Criminal Court jury
verdict resulting in a conviction of driving while under the influence of an intoxicant (DUI), third
offense. The single issue on appeal is whether the convicting evidence is sufficient to support the
conviction. Because it is, we affirm the judgment of the criminal court.
http://www.tba2.org/tba_files/TCCA/2006/russellb012506.pdf
MARSHALL TIDWELL v. VIRGINIA LEWIS, WARDEN
Court: TCCA
Attorneys:
Marshall Tidwell, Pikeville, Tennessee, Pro se.
Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; and
James Michael Taylor, District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
The petitioner, Marshall Tidwell, pled guilty in the Dickson County Circuit Court to five counts of
rape and three counts of sexual battery, and he received a total effective sentence of fifty years.
Subsequently, the petitioner filed in the Bledsoe County Circuit Court a petition for a writ of habeas
corpus. The habeas corpus court summarily dismissed the petition, which dismissal the petitioner
appeals. The State filed a motion requesting that this Court affirm the habeas corpus court’s denial
of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record
and the parties’ briefs, we conclude that the petition was properly dismissed. Accordingly, the
State’s motion is granted and the judgment of the habeas corpus court is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/tidwellm012506.pdf
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| TODAY'S NEWS |
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Legal News
Legislative News
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| Legal News |
| Poole, Reedy named criminal court judges |
| Chattanooga attorney Don Poole will fill the criminal court position in the 11th Judicial District, Division III, and Amy Reedy, an assistant public defender in Cleveland, will fill a criminal court position in the 10th Judicial District, following their appointments today by Gov. Phil Bredesen, the Chattanoogan.com reports. |
article_79200.asp
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| Fritts seeks return to Rhea general sessions judge |
| Gary Fritts, who served as general sessions judge from 1995 until 1998, hopes to win back the seat he lost eight years ago. Fritts, a Republican, and incumbent Jimmy McKenzie, a Democrat, are unopposed in their respective primary elections and will likely face off in the Aug. 3 general election. The Chattanoogan reports today on Fritts’s vision for the court. |
article_79219.asp
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| High court won't hear judicial elections case |
| On Monday, the U.S. Supreme Court declined to rule whether states can restrict judicial candidates from participating in political party activities and soliciting campaign contributions. In doing so, the justices let stand a lower court decision that voided 30 states’ rules designed to keep elections nonpartisan. At issue are the competing interests of protecting free speech rights and ensuring the credibility of elections. The ABA had urged the Supreme Court to consider the case. Read more about the court’s decision in a report by the Associated Press. |
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| Baker seeks district attorney general post |
| Former Assistant District Attorney General Joe Baker has formally announced his candidacy for district attorney general of the 4th Judicial District, according to a report in the Knoxville News Sentinel. The district serves Jefferson, Grainger, Sevier and Cocke counties. |
4412876,00.html
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| Brown announces bid for 1st judicial district judge |
| Lynn W. Brown has announced his candidacy for criminal court judge (Part II), and is currently unopposed for the post, according to the Kingsport Times News. The 1st Judicial District serves the counties of Carter, Johnson, Unicoi and Washington. |
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| Legislative News |
| State senate cancels session for court hearing |
| Today’s senate session in Nashville was canceled so senators could attend a federal court hearing on the disputed election of Ophelia Ford. Yesterday, a senate investigating committee confirmed that nine illegal votes were cast in the election, in which Democrat Ford defeated Republican Terry Roland by just 13 votes. The committee halted further action based on a restraining order issued by District Judge Bernice Donald that banned any legislative action to affirm or void the election. |
4413290,00.html
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| Track legislation of interest to Tennessee attorneys |
| The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a position on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community. |
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