Shine says he will apply for seat on state Supreme Court

Attorney and longtime Sullivan County Democrat D. Bruce Shine said Monday he'll apply for one of two soon-to-be-open seats on the Tennessee Supreme Court, the Kingsport Time-News reports today. The Administrative Office of the Courts will accept applications through March 31 for the first of two Supreme Court seats to be filled.

http://www.timesnews.net/article.dna?_StoryID=3611140

TODAY'S OPINIONS
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Editor-in-Chief, TBALink

ROGER CLAY PARKER ET AL. v. BEDFORD COUNTY ELECTION COMMISSION ET AL.

Court: TCA

Attorneys:

Forest A. Durard, Jr. and Jeffrey K. Seckler, Shelbyville, Tennessee, for the appellant, Roger Clay Parker.

John T. Bobo, Shelbyville, Tennessee, for the appellee, Bedford County Election Commission and Anna Clanton.

Paul G. Summers, Attorney General and Reporter, and Richard H. Dunavant, Assistant Attorney General, for the appellee, State of Tennessee Peace Officers Standards and Training Commission.

Judge: KOCH

This appeal involves an incumbent sheriff's efforts to qualify for re-election and to have his name placed on the May 2006 Democratic primary ballot. The Bedford County Election Commission declined to place the sheriff's name on the ballot because he had not filed documents with the Tennessee Peace Officers Standards and Training Commission within the time required by Tenn. Code Ann. Sec. 8-8-102(b)(1) (2002). The sheriff filed a petition with the Chancery Court for Bedford County seeking to enjoin both the Bedford County Election Commission and the Tennessee Peace Officers Standards and Training Commission from excluding his name from the ballot. The trial court denied the request for injunctive relief, and the sheriff appealed. We have determined, based on the circumstances of this case, that the defendants are estopped from relying on the sheriff's noncompliance with Tenn. Code Ann. Sec. 8-8-102(b)(1) to keep his name off of the May 2006 ballot because of the failure of the Bedford County election administrator to provide the sheriff with accurate and complete information regarding the qualifications for re-election.

http://www.tba2.org/tba_files/TCA/2006/parkerr031406.pdf


MICHELLE ALLEN & MARK ALLEN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Roger E. Nell, District Public Defender, Clarksville, Tennessee, for the appellant, Mark Allen and Linda S. Fizer, Springfield, Tennessee for the appellant, Michelle Allen.

Paul G. Summers, Attorney General and Reporter; Jane L. Beebe, Assistant Attorney General; John Carney, District Attorney General; and Dent Morriss, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The Robertson County Grand Jury indicted Mark Allen with one count of exhibition of materials harmful to a minor, one count of especially aggravated sexual exploitation, and one count of rape of a child. Michelle Allen was indicted with three counts of rape of a child. Following a jury trial, Mr. Allen was convicted of all three counts, and Mrs. Allen was convicted for two counts of rape of a child. The third count was dismissed. The trial court sentenced Mr. Allen to an effective sentence of twenty-four years and Mrs. Allen to an effective sentence of twenty-one years. The defendants appeal the judgments of the trial court. They argue that the evidence was insufficient to support their convictions and that the trial court erred in sentencing them. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/allenm031406.pdf


STATE OF TENNESSEE v. STEVEN KELLY FRAZE

Court: TCCA

Attorneys:

Jeffrey A. DeVasher, Nashville, Tennessee (on appeal), and C. Dawn Deaner, Nashville, Tennessee (at trial), for the appellant, Steven Kelly Fraze.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Brian Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Steven Kelly Fraze, pled guilty to one count of rape and one count of child neglect in exchange for an effective sentence of eight years, seven of which would be served on probation. Subsequently, a probation violation warrant was issued, and, after a hearing, the trial court revoked the Defendant's probation. The Defendant appeals, acknowledging that he violated his probation but contending that the trial court abused its discretion when it ordered him to serve the balance of his original sentence. Finding no reversible error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/frazes031406.pdf


STATE OF TENNESSEE v. SAMUEL L. GIDDENS, JR.

Court: TCCA

Attorneys:

Jay Norman (at trial) and David M. Hopkins (on appeal), Nashville, Tennessee, for the Appellant, Samuel L. Giddens.

Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor (Torry) S. Johnson III, District Attorney General; Kathy Morante and Michael Rohling, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Davidson County Jury convicted the Defendant of reckless homicide, attempted especially aggravated robbery, and aggravated burglary. The trial court sentenced the Defendant to an effective sentence of fourteen years. On appeal, the Defendant contends that: (1) the evidence at trial is insufficient to support the jury's verdict; (2) the trial court improperly instructed the jury on the issue of criminal responsibility; (3) the Defendant's convictions for attempted especially aggravated robbery and aggravated burglary violate principles of double jeopardy; (4) the trial court erred when it allowed a witness to testify as to the alleged statement made by a co-defendant; and (5) the trial court improperly enhanced the Defendant's sentences and improperly imposed consecutive sentences. Finding there exists no reversible error, we affirm the judgements of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/giddenss031406.pdf


STATE OF TENNESSEE v. BOBBY W. JENKINS and TAREAUN D. GRIFFIN

Court: TCCA

Attorneys:

Brent Horst, Nashville, Tennessee, for the appellant, Bobby W. Jenkins.

David Collins, Nashville, Tennessee, for the appellant, Tareaun D. Griffin.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

This is a direct appeal as of right by Defendant Tareaun D. Griffin from convictions entered on a jury verdict of especially aggravated robbery and attempted second degree murder, and an appeal by Defendant Bobby Wayne Jenkins from his conviction entered on a jury verdict of especially aggravated robbery. Defendant Jenkins was sentenced to twenty years for his especially aggravated robbery conviction. Defendant Griffin was sentenced to twenty years for his especially aggravated robbery conviction and eleven years for his attempted second degree murder conviction, with the sentences to run consecutively for an effective thirty-one year sentence. On appeal, Defendant Griffin raises two issues: (1) the trial court erred in failing to charge the jury with instructions on self-defense, and (2) the court erred in imposing consecutive sentencing. Defendant Jenkins raises two separate issues: (1) the trial court erred in excluding the testimony of an expert witness, and (2) the court erred in failing to impose a mitigated sentence. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/jenkinsb031406.pdf


WAYMON PERRY RUSSELL v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Waymon Perry Russell, Clifton, Tennessee, Pro se.

Paul G. Summers, Attorney General and Reporter, Blind Akrawi, Assistant Attorney General; Elizabeth T. Rice, District Attorney General, and Joe Van Dyke, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Waymon Perry Russell, filed a petition in the Hardeman County Circuit Court seeking a writ of habeas corpus. The petitioner alleged that the trial court imposed concurrent sentences when consecutive sentencing was mandatory. The habeas corpus court dismissed the petition without appointing counsel or conducting an evidentiary hearing. The petitioner challenges the dismissal. Upon our review of the record and the parties' briefs, we affirm the judgment of the habeas corpus court.

http://www.tba2.org/tba_files/TCCA/2006/russellw031406.pdf


STATE OF TENNESSEE v. ALBERT JAMES SAAVEDRA

Court: TCCA

Attorneys:

William B. "Jake" Lockert, III (at trial and on appeal) and Haylee Bradley (at trial), Ashland City, Tennessee, for the appellant, Albert Saavedra.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Lisa C. Donegan, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Albert James Saavedra, was indicted on one count of first degree murder and one count of attempted first degree murder. He was convicted for the lesser-included offense of voluntary manslaughter and for the indicted offense of attempted first degree murder. The trial court reduced the conviction for attempted first degree murder to attempted second degree murder, finding that the evidence was insufficient to prove that the Defendant acted with premeditation. The trial court also sentenced the Defendant to an effective sentence of fourteen years in the Department of Correction. The Defendant appeals, contending that: (1) the evidence is insufficient to sustain his conviction for attempted second degree murder; (2) the trial court erred by not instructing the jury on aggravated assault as a lesser-included offense of attempted first degree murder; (3) the trial court erred when it took his motion for judgment of acquittal under advisement and when it denied this motion with respect to attempted second degree murder; and (4) the trial court erred when it denied his Rule 33(f) motion. Finding that there exists no reversible error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/saavedraa031406.pdf


Constitutionality of Provision in Chapter 1 of the Public Acts of 2006, Reserving Seats on the Ethics Commission For African-American and Female Members

TN Attorney General Opinions

Date: 2006-03-14

Opinion Number: 06-047

http://www.tba2.org/tba_files/AG/2006/ag_06-47.pdf

TODAY'S NEWS

Legislative News
Legal News
TBA Member Services
TennBarU CLE Programs

Legislative News
House adopts rules amendments; committee clears eminent domain bill
The Tennessee House last night adopted resolutions ratifying the amendments to the criminal, civil, juvenile, appellate and evidence rules proposed by the Tennessee Supreme Court. Today, its Civil Practice Subcommittee also cleared one major eminent domain bill, HB3450, sponsored by Rep. Joe Fowlkes. In the Senate, the Commerce Committee did not act on either the good funds rollback or the LLC technical corrections bills on its jam-packed calendar today.

Fowler won't run for Senate again
State Sen. David Fowler, R-Signal Mountain, who just days ago won a victory for the foes of abortion on the Senate floor, said today he would not run for a fourth term. Read about it in the
Tennessean.
Legal News
Newspaper wants access to jurors in Newport case, right to publish findings
What began as an attempt to quiz jurors in a public corruption case is shaping up to be a precedent-setting battle over the public's right to information, jurors' rights to privacy and a federal judge's power to control what the media reports. U.S. District Court Judge Ronnie Greer is set to hold a hearing today in Greeneville on a News Sentinel request for information, including names, addresses and phone numbers of jurors in the recent trial of two Newport lawmen.
The Knoxville News Sentinel has the story
Tennessee Justice Center celebrates 10 years
The TBA will host a reception this Thursday to celebrate the 10th anniversary of the Tennessee Justice Center. Join the celebration from 5:30 to 7 p.m. at the Tennessee Bar Center.
Find out more about the event
Legal community 'fixture' Lyman resigns
Dyersburg City Judge Lyman Ingram said Saturday he will resign his post, effective May 1, the State Gazette reports today. Ingram has been a fixture in the Dyer County legal community for more than 60 years. "I'll continue to serve as juvenile referee judicial commissioner," he said. "Those are part-time jobs and I'll continue to do them."

TBA Member Services
Make the most of your TBA membership.
Contact Membership Director Sarah Hendrickson for more information on our money saving member benefits. Call 800.899.6993 or email shendrickson@tnbar.org

TennBarU CLE Programs
4L program focuses on arbitration vs mediation
Learn the "ins and outs" of arbitration and mediation with the next in the YLD 4L series "Negotiation: Arbitration vs. Mediation" to be held Thursday, March 26 in Memphis, Nashville, Knoxville & Chattanooga. The seminar provides two general CLE credits.
Register or learn more

 
 
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