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

TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

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 childís 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 ďother damages,Ē 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 Courtís 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 Courtís 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 defendantís statement to police based upon the stateís 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 courtís 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 courtís denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record and the partiesí briefs, we conclude that the petition was properly dismissed. Accordingly, the Stateís motion is granted and the judgment of the habeas corpus court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/tidwellm012506.pdf


TODAY'S NEWS

Legal News
Legislative News

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
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 Frittsís vision for the court.
article_79219.asp
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 statesí 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 courtís decision in a report by the Associated Press.
=DEFAULT
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
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.

Legislative News
State senate cancels session for court hearing
Todayís 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
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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