Clement adds name to list of Supreme Court hopefuls

Court of Appeals Judge Frank G. Clement Jr. of Nashville submitted an application for the Tennessee Supreme Court today, bringing the number of applicants to four. The deadline to apply for the first seat to be filled is March 31. Others who have applied are Court of Criminal Appeals Judge J. C. McLin of Memphis, J. Houston Gordon of Covington and Court of Criminal Appeals Judge Gary R. Wade of Sevierville. Information on the vacancies and the application process is available on the Administrative Office of the Courts web site.

http://www.tncourts.gov

TODAY'S OPINIONS
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Editor-in-Chief, TBALink

DONNA J. OVERMAN v. ALTAMA DELTA CORPORATION Dissent

Court: TSC

WILLIAM M. BARKER, C.J., dissenting
http://www.tba2.org/tba_files/TSC/2006/overmandjDIS032306.pdf


STATE OF TENNESSEE v. STEVEN JAMES ROLLINS

Court: TSC

Attorneys:

H. Randolph Fallin, Mountain City, Tennessee; Roger G. Day, Johnson City, Tennessee (at trial and on appeal) for the appellant, Steven James Rollins.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Michelle Chapman McIntire, Assistant Attorney General; H. Greeley Wells, District Attorney General; and Barry P. Staubus, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAM M. BARKER

The defendant, Steven James Rollins, was convicted of premeditated murder, felony murder, and especially aggravated robbery. The trial judge merged the felony murder conviction with the premeditated first degree murder conviction. Upon conclusion of the sentencing hearing, the jury found that the State had established beyond a reasonable doubt the following five aggravating circumstances: (1) the defendant was previously convicted of one or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person; (2) the murder was especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death; (3) the murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another; (4) the murder was knowingly committed, solicited, directed, or aided by the defendant, while the defendant had a substantial role in committing or attempting to commit, or was fleeing after having a substantial role in committing or attempting to commit, any robbery; and (5) the victim of the murder was seventy (70) years of age or older. See Tenn. Code Ann. ß 39-13-204(i)(2), (5), (6), (7), (14) (1999). After further finding that these aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt, the jury imposed a sentence of death.

http://www.tba2.org/tba_files/TSC/2006/rollinss032306.pdf


BRENDA WOODS, TAWANA POLK, JONATHAN JOY, AND CLIFTON POLK v. CATHY N. JONES, ADMINISTRATOR OF ELECTIONS, HARDEMAN COUNTY ELECTION COMMISSION; YVONNE ALLEN, HARDEMAN COUNTY ELECTION COMMISSIONER; CARL GIBSON, HARDEMAN COUNTY ELECTION COMMISSIONER; THAREN E. HALEY, HARDEMAN COUNTY ELECTION COMMISSIONER; JAMES E. HICKS, HARDEMAN COUNTY ELECTION COMMISSIONER; AND JANET WELLONS, HARDEMAN COUNTY ELECTION COMMISSIONER

Corrected Case


Court: TCA

Attorneys:

C. Michael Robbins, Memphis, Tennessee, for the appellants, Brenda Woods, Tawana Polk, Jonathan Joy, and Clifton Polk.

W. Boyette Denton, Bolivar, Tennessee, for the appellees, Cathy N. Jones, Administrator of Elections for the Hardeman County Election Commission, and Yvonne Allen, Carl Gibson, Tharen E. Haley, James E. Hicks, and Janet Wellons, Hardeman County Election Commissioners.

Judge: HOLLY M. KIRBY

This is an election contest. The plaintiffs were unsuccessful candidates for office in a municipal election held on May 19, 2005. On June 3, 2005, they filed this election contest. The defendants filed a motion to dismiss the lawsuit based on the special ten-day statute of limitations for election contests, which is set out in T.C.A. ß 2-17-105. The trial court granted the motion to dismiss. The plaintiffs now appeal. We reverse, concluding that, pursuant to Tennessee Rule of Civil Procedure 6.01, intermediate Saturdays, Sundays, and legal holidays are excluded from the computation of the time in which the plaintiff must file suit.

Corrected case. The correction is on page 6, in the first full paragraph, on line 12, where the word "superceded" has been changed to "superseded."
http://www.tba2.org/tba_files/TCA/2006/woodsbcorr032306.pdf


MANNY T. ANDERSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Manny T. Anderson, Pro Se, Clifton, Tennessee.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Senior Counsel; and Helen Walton Yarbrough (at trial), Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: DAVID G. HAYES

The Appellant, Manny T. Anderson, proceeding pro se, appeals the Wayne County Circuit Courtís summary dismissal of his petition for writ of habeas corpus. In 1998, Anderson pled guilty to two counts of aggravated assault and to one count of aggravated kidnapping and was sentenced as provided by the terms of a plea agreement. Anderson alleges that in December 2003, the Davidson County Criminal Court, without his consent, amended his aggravated kidnapping conviction to reflect a conviction for attempted especially aggravated kidnapping. The State acknowledges the amended conviction, asserting, however, that even if Andersonís allegations are true, they support only a voidable claim for which habeas corpus relief is not available. The trial court agreed and dismissed the petition. After review, we agree that Anderson is not entitled to habeas corpus relief; however, we conclude that Andersonís petition presents a colorable claim for post-conviction relief. See T.C.A. ß 40-30-105(c) (2003). Accordingly, the Circuit Court Clerk of Wayne County is directed to transfer the petition to the Davidson County Criminal Court for further proceedings as authorized by the Post-Conviction Procedure Act.

http://www.tba2.org/tba_files/TCCA/2006/andersonm032306.pdf


STATE OF TENNESSEE v. MICHAEL BILLS

Court: TCCA

Attorneys:

George Morton Googe, District Public Defender, and Gregory D. Gookin (on appeal) and Heather Singleton (at trial), Assistant Public Defenders, for the appellant, Michael Bills.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; James G. Woodall, District Attorney General; and Angela R. Scott and Rolf Hazlehurst, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: JOSEPH M. TIPTON

A Madison County Circuit Court jury convicted the defendant, Michael Bills, of one count of possession with the intent to sell one-half gram or more of cocaine, a Class B felony, and one count of possession with the intent to deliver one-half gram or more of cocaine, a Class B felony, and the trial court merged the defendantís convictions and sentenced him as a Range II, multiple offender to sixteen years in the Department of Correction. The defendant appeals, claiming the evidence is insufficient. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/billsm032306.pdf


RICKY NORTHERN v. STATE OF TENNESSEE, STEPHEN DOTSON, WARDEN

Court: TCCA

Attorneys:

Ricky Northern, pro se

Paul G. Summers, Attorney General & Reporter; Rachel Willis, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: DAVID G. HAYES

The Petitioner, Ricky Northern, appeals the lower courtís 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 courtís dismissal.

http://www.tba2.org/tba_files/TCCA/2006/northernr032306.pdf


STATE OF TENNESSEE v. LAURA ANN PEDEN

Court: TCCA

Attorneys:

Andrew Jackson Dearing, III, Shelbyville, Tennessee, for the Appellant, Laura Ann Peden.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; W. Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: DAVID G. HAYES

The Appellant, Laura Ann Peden, appeals the sentencing decision of the Marshall County Circuit Court. Peden pled guilty to nine counts of forgery and was sentenced, as a Range II, multiple offender, to an effective seven-year sentence. The length and manner of service of the sentences were submitted to the trial court for determination. Following a hearing, the court ordered that Pedenís sentences be served in the Department of Correction. On appeal, Peden argues that the trial court erred in denying an alternative sentence. After a review of the record, we affirm the decision of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/pedenl032306.pdf


DARWIN THEUS v. DAVID MILLS, WARDEN

Court: TCCA

Attorneys:

Darwin Theus, pro se.

Paul G. Summers, Attorney General & Reporter; Sophia S. Lee, Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: DAVID G. HAYES

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

http://www.tba2.org/tba_files/TCCA/2006/theusd032306.pdf


STATE OF TENNESSEE v. JASPER L. VICK

Court: TCCA

Attorneys:

Robert L. Parris, Memphis, Tennessee, for the appellant, Jasper L. Vick.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William L. Gibbons, District Attorney General; Lee Coffee, Assistant District Attorney General; and Christopher Scruggs, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS T. WOODALL

Following a jury trial, Defendant was convicted of one count of especially aggravated kidnapping, a Class A felony, two counts of aggravated kidnapping, a Class B felony, and one count of sexual battery, a Class E felony. The trial court merged Defendantís two convictions for aggravated kidnapping into his conviction for especially aggravating kidnapping. The trial court sentenced Defendant as a Range II, multiple offender, to thirty-six years for his especially aggravated kidnapping conviction and four years for his sexual battery conviction. The trial court ordered the sentences to be served consecutively, for an effective sentence of forty years. Defendant does not challenge the imposition of consecutive sentencing. In his appeal, Defendant argues (1) that the evidence is insufficient to support his convictions; (2) that the trial court erred in denying Defendantís motion for a continuance; (3) that the trial court erred in classifying Defendant as a Range II multiple offender; and (4) that the trial erred in its application of enhancement factors. After a thorough review, we affirm Defendantís convictions of especially aggravated kidnapping and sexual battery. However, we remand the case to the trial court for resentencing in accordance with this opinion.

http://www.tba2.org/tba_files/TCCA/2006/vickj032306.pdf


Public Access to Schools by Professional Teachers' Association

TN Attorney General Opinions

Date: 2006-03-23

Opinion Number: 06-51

http://www.tba2.org/tba_files/AG/2006/ag_06-51.pdf

Suspension or Refusal to Issue Certificates for Driving

TN Attorney General Opinions

Date: 2006-03-23

Opinion Number: 06-52

http://www.tba2.org/tba_files/AG/2006/ag_06-52.pdf

TODAY'S NEWS

Legislative News
Legal News
TBA Member Services
TennBarU CLE Programs

Legislative News
Eminent domain bill gets OK'd; TBA bills move in committees
After extensive discussion, one of the dozens of bills dealing with eminent domain passed out of the House Judiciary Committee this week and is before the Calendar and Rules Committee for action. TBA-backed legislation also moved ahead in committees.
Read this week's legislative update
Legal News
Court puts constraints on searches by police
WASHINGTON - Recognizing that a person's home is, indeed, his or her castle, the U.S. Supreme Court said Wednesday that police cannot search a house without a warrant if one occupant invites them in but another objects to their presence.†Writing for a sharply divided court, Justice David Souter said the ruling's logic was drawn from common social courtesies. The vote in the case was 5-3; Justice Samuel Alito, who wasn't on the court when the case was argued, didnít vote. Read more about it in
The Chattanooga Times Free Press.
Candidates disagree on bar poll
A group of Williamson County attorneys recently rated candidates in the upcoming judicial election. The results, and reaction to the results of the Williamson County Bar Association's poll, have been mixed. Read what they're saying in the
Tennessean.
Guide makes choosing a law school easier
If your daughter is considering law school, she will probably ask you for some advice about how to decide where to go. Here's some help from the American Bar Association Section of Legal Education and Admissions to the Bar: The 2007 Official Guide to ABA-Approved Law Schools. It's available online, free, fully searchable and will answer some questions even you may not know the answer to. Check out the
Official Guide.
Enron ex-prosecutor gives law students first-hand look
HOUSTON - The man who brought the indictment against former Enron Chief Executive Jeffrey Skilling visited his fraud and conspiracy trial Wednesday with a slew of law students in tow. Sam Buell, a former prosecutor with the Justice Department's Enron Task Force who now teaches a course in corporate crime at the University of Texas School of Law, brought his students to sit in on the biggest fraud case to emerge from the recent era of corporate scandals. Read the Associated Press story in the
Knoxville News Sentinel.
TBA Member Services
Program offers savings on auto insurance
GEICO and the Tennessee Bar Association team up to offer the GEICO Preferred auto insurance program.
Find out more
TennBarU CLE Programs
Skills session looks at mergers and acquisitions
Join the YLD for the next in the Skills Enhancement series ďThe Basics of Mergers and AcquisitionsĒ Learn how to structure the deal as well as common methods of valuation and due diligence. Wednesday, April 5, in Memphis, Nashville, Knoxville and Chattanooga. 2 general credits.
Register or learn more

 
 
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