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TODAY'S OPINIONS
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Knoxville, Tennessee
Editor-in-Chief, TBALink

SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

CORRECTED VERSION
http://www.tba2.org/tba_files/TSC/2006/certlist022106.pdf


CARLITO D. ADAMS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Carlito Adams, Whiteville, Tennessee, pro se.

Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; and William L. Gibbons, District Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

The petitioner, Carlito D. Adams, was convicted in 1995 of two counts of felony murder and twocounts of attempted felony murder, with the latter being reversed and dismissed. See State v. Carlito D. Adams, No. 02C01-9608-CR-00267, 1997 Tenn. Crim. App. LEXIS 1247 (Tenn.Crim. App. Dec. 11, 1997), perm. to appeal denied concurring in results only (Tenn. Nov. 9, 1998). In November 1999, he filed a petition for post-conviction relief, which, according to the petitioner, was dismissed for failure to prosecute. Additionally, he alleges that this court denied, on January 25, 2002, his motion to reconsider the dismissal. On January 19, 2005, he filed a motion to reopen his post-conviction petition, claiming that a new right, which he sought to assert, had been recognized in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), and that there was new scientific evidence establishing his actual innocence. The post-conviction court denied the motion to reopen, and the petitioner appealed. Following our review, we affirm the order of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/adamscarlito_022406.pdf


MICHAEL L. BROMLEY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Michael L. Bromley, Pro Se, Nashville, Tennessee.

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; and Mike Bottoms, District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The petitioner pled guilty on December 11, 2000, to two counts of attempted second degree murder. He was sentenced to eight years on each conviction to be served consecutively in the community corrections program. On May 9, 2002, his community corrections sentence was revoked and the trial court ordered that the petitioner complete his original sentence in confinement with credit for time served. The petitioner never appealed either sentence. On July 8, 2005, the petitioner filed a petition for post-conviction relief. The post-conviction court summarily dismissed the petition for failure to state a claim and because it was time-barred. The petitioner appeals the post-conviction court's decision. We affirm the decision of the post conviction court.

http://www.tba2.org/tba_files/TCCA/2006/bromleym_022406.pdf


STATE OF TENNESSEE v. ERIC A. DEDMON

Court: TCCA

Attorneys:

Roger E. Nell, Clarksville, Tennessee for the Appellant, Eric A. Dedmon.

Paul G. Summers, Attorney General and Reporter; Leslie Price, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Art Bieber, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Eric A. Dedmon, was convicted by a Montgomery County jury of two counts of aggravated child abuse. On appeal, the Defendant asserts that: (1) the evidence presented at trial was insufficient to support a conviction for aggravated child abuse because the victim did notsuffer a "serious bodily injury" and (2) the trial court improperly sentenced the Defendant in light of Blakely v. Washington, 542 U.S. 296 (2004). Finding that there exists no reversible error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/dedmonea_022406.pdf


TIMOTHY HODGES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Jason White, Assistant District Attorney General, for the appellant, State of Tennessee.

Charles W. Cross, Nashville, Tennessee, for the appellee, Timothy Hodges.

Judge: WILLIAMS

The State appeals the grant of habeas relief, contending that the habeas court went beyond its authority in determining that Wisconsin did not have personal jurisdiction over the petitioner in an action to extradite him for a criminal charge of intentionally failing to support his children. Upon review, we conclude that the petitioner was properly classified as a fugitive and further agree that the habeas court's findings went beyond the scope of permissible inquiry. Therefore, we reverse the grant of habeas relief.

http://www.tba2.org/tba_files/TCCA/2006/hodgest_022406.pdf


STATE OF TENNESSEE v. JAMES WILLIAM "BO" JONES

Court: TCCA

Attorneys:

Andrew Jackson Dearing, III, Shelbyville, Tennessee, for the appellant, James William "Bo" Jones.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; W. Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, James William "Bo" Jones, pled guilty to one count of conspiracy to sell cocaine, and the parties agreed to a five-year sentence. The trial court denied the Defendant's request for alternative sentencing and ordered that he serve the agreed five-year sentence inprison. On appeal the Defendant contends that the trial court erred when it denied his request for alternative sentencing. Finding no reversible error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/jonesjw_022406.pdf


STATE OF TENNESSEE v. LARRY PAUL KOFFMAN

Court: TCCA

Attorneys:

Patrick G. Frogge, Nashville, Tennessee (on appeal); and Joe R. Johnson, II, Springfield, Tennessee (at trial), for the appellant, Larry Paul Koffman.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Dent Morriss, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Larry Paul Koffman, was convicted of aggravated robbery, a Class B felony, and aggravated assault, a Class C felony. The trial court sentenced Defendant as a Range II, multiple offender, to fifteen years for his aggravated robbery conviction and eightyears for his aggravated assault conviction, and ordered Defendant to serve his sentences consecutively. On appeal, Defendant argues (1) that the trial court erred in not granting his motion to suppress his statement to the police; (2) that the evidence is insufficient to support his convictions; and (3) that the trial court erred in imposing consecutive sentences. After a thorough review of the record, we find that the trial court erred in admitting Defendant's statement into evidence, but conclude, based upon the facts presented in this case, that such error was harmless beyond a reasonable doubt. We therefore affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/koffmanlarry_022406.pdf


STACY LEE MAYNOR v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Roger E. Nell, District Public Defender, and Charles S. Bloodworth, Assistant Public Defender (on appeal), and Michael A. Colavecchio, Nashville, Tennessee (at trial), for the appellant, Stacy Lee Maynor.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Dent Morriss, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioner appeals the denial of his petition for post-conviction relief, alleging ineffective assistance, and that his plea of nolo contendere was not knowingly and voluntarily entered. Following thorough review, we conclude that the evidence presented on appeal does not preponderate against the post-conviction court's findings and, therefore, affirm the denial of post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2006/maynorsl_022406.pdf


STATE OF TENNESSEE v. STEVEN MURPHY

Court: TCCA

Attorneys:

William Gosnell (at trial) and Brett B. Stein (at trial and on appeal), Memphis, Tennessee, for the appellant, Steven Murphy.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Jerry Harris and Stephen P. Jones, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Steven Murphy, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder, first degree felony murder, and two counts of theft of property over $1000, a Class D felony. The trial court merged the first degree felony murder conviction into the premeditated murder conviction, for which the defendant was sentenced to life without the possibility of parole, merged the two theft convictions, and sentenced the defendant to two years for the theft conviction, to be served concurrently with the life sentence without parole. On appeal, the defendant contends that the trial court erred in denying his motion in limine to allow hearsay statements of the victim into evidence, in denying his motion to suppress his statements to police, and in not instructing the jury on the adverse inference that could be drawn from the State's failure to preserve the tape recording of the defendant's statements. Having reviewed the record and found no error, we affirm the judgments of the trial court but remand for entry of a corrected judgment in Case No. 01-02751 to reflect the defendant's conviction offense which was omitted.

http://www.tba2.org/tba_files/TCCA/2006/murphyst_022406.pdf


STATE OF TENNESSEE v. EDNA PHELPS

Court: TCCA

Attorneys:

George Morton Googe, District Public Defender, and David H. Crichton, Assistant Public Defender, for the appellant, Edna Phelps.

Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; James G. Woodall, District Attorney General; and James W. Thompson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Edna Phelps, was found guilty by a Madison County jury of aggravated assault, a Class C felony, and was sentenced as a Range I, standard offender to four years, all suspended except for eleven months and twenty-nine days with the balance to be served on intensive probation. On appeal, she argues the trial court erred in overruling her objections to certain questions asked by the State. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/phelpsed_022406.pdf


STATE OF TENNESSEE v. CHARLES RICE

Court: TCCA

Attorneys:

Marty B. McAfee and Stephen Leffler, Memphis, Tennessee, for the appellant, Charles Rice.

Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Angele M. Gregory, Assistant Attorney General; William L. Gibbons, District Attorney General, and Amy Weirich and Gerald Harris, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

[Deleted: Introductory Paragraph]

http://www.tba2.org/tba_files/TCCA/2006/ricecapp_022406.pdf


CARLOS L. RICE v. DAVID MILLS, WARDEN

Court: TCCA

Attorneys:

Carlos L. Rice, pro se.

Paul G. Summers, Attorney General & Reporter; Mark A. Fulks, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: HAYES

The Petitioner, Carlos L. Rice, appeals the lower court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court's dismissal.

http://www.tba2.org/tba_files/TCCA/2006/ricecarlo_022406.pdf


STATE OF TENNESSEE v. DERRICK MICHAEL SWANSON

Court: TCCA

Attorneys:

William A. Kennedy, Blountville, Tennessee, for the Appellant, Derrick Michael Swanson.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Robert H. Montgomery, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Derrick Michael Swanson, appeals the sentencing decision of the Sullivan County Criminal Court following the revocation of his community corrections sentences. In March 2004, Swanson was placed in community corrections after pleading guilty to twelve offenses stemming from two separate multi-count indictments. The convictions, which included felony and misdemeanor offenses, resulted in an effective six-year sentence. In September 2004, Swanson was charged with a violation of his community corrections supervision based upon new arrests. Following a violation hearing, Swanson’s effective six-year community corrections sentence was revoked and he was resentenced to an effective nine-year sentence to be served in the Department of Correction. At the conclusion of the hearing, Swanson was additionally convicted of criminal contempt for making an obscene gesture while leaving the courtroom. On appeal, Swanson argues that the trial court erred by: (1) ordering that his sentences be served inincarceration; (2) increasing his effective sentence to nine years; and (3) summarily finding him guilty of criminal contempt. After review, we find no error in the trial court's sentencing decisions. Accordingly, Swanson's effective nine-year sentence in the Department of Correction is affirmed. We conclude, however, that the record does not support the trial court's finding of summary contempt. Accordingly, this conviction is reversed and dismissed.

http://www.tba2.org/tba_files/TCCA/2006/swansonderrick_022404.pdf


Constitutionality of Legislation Placing General Assembly Under Open Meetings Act

TN Attorney General Opinions

Date: 2006-02-22

Opinion Number: 06-038

http://www.tba2.org/tba_files/AG/2006/ag_06-38.pdf

Governmental Entity's Authority to Outsource Non-Delinquent Revenue Administration

TN Attorney General Opinions

Date: 2006-02-23

Opinion Number: 06-039

http://www.tba2.org/tba_files/AG/2006/ag_06-39.pdf

TODAY'S NEWS

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Moot Court examines reporter's privilege
The 16th annual National First Amendment Moot Court competition, sponsored by the First Amendment Center and Vanderbilt University Law School, concludes today in Nashville. The competition this year focuses on a hypothetical case involving a college newspaper journalist and a confidential source.
Find out more about the competition
U of M working to boost minority enrollment in law school
University of Memphis Law School officials say they are committed to boosting minority enrollment, despite possible cuts to a state program that supports their efforts. The Tennessee Institute of Pre-Law (TIPS), which helps minority students get into University of Memphis and University of Tennessee-Knoxville law schools, was started as a result of a 1968 discrimination lawsuit against Tennessee. It is funded through 2006, but its future after that is uncertain.
Read more about minority recruitment to the legal profession
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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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Memphis lawyer suspended
Memphis lawyer Barry E. Gilmore was suspended on Feb. 21 because of the Board of Professional Responsibility's concern that he posed a substantial threat of irreparable harm to the public.
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Let JobLink help you with your next career move
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