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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
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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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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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
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| TODAY'S NEWS |
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Legislative News
Legal News
TBA Member Services
TennBarU CLE Programs
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| 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. |
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| 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.
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| 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
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| 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
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| 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." |
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| 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 |
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| 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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