Supreme Court denies Rule 10 request in term limits case

The Tennessee Supreme Court issued two orders this morning denying the Rule 10 application challenging Chancellor John Weaver's decision regarding procedural issues in a Knox County term limits case. The court said the previous decision did not “constitute a departure from the accepted and usual course of judicial proceedings as to require immediate review."

See the Revised Order and the Order to Deny Rule 10 . Read the background of the term limits situation in this Knoxville News Sentinal story:

http://www.knoxnews.com/kns/local_news/article/0,1406,KNS_347_4598626,00.html

TODAY'S OPINIONS
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Editor-in-Chief, TBALink

BEE DESELM, ET AL. v. TIMOTHY HUTCHISON, ET AL.

Revised Order and Order to Deny Rule 10


Court: TSC

On April 5, 2006, the plaintiffs filed in this Court an application for extraordinary appeal pursuant to Tennessee Rule of Appellate Procedure 10. In this application, the plaintiffs asked this Court to suspend the appellate rules and to consider in support of the application the documents the plaintiffs had attached to their previously filed motion which asked this Court to assume jurisdiction pursuant to Tennessee Code Annotated section 16-3-201(d).

Revised Order
http://www.tba2.org/tba_files/TSC/2006/deselmbREVISED040606.pdf

Order to Deny Rule 10
http://www.tba2.org/tba_files/TSC/2006/deselmbDENYRULE10040606.pdf


LUTHER KIRKWOOD v. SHELBY COUNTY GOVERNMENT, d/b/a SHELBY COUNTY SHERIFF'S DEPARTMENT, JAIL DIVISION

Court: TCA

Attorneys:

Martin W. Zummach of Germantown, Tennessee for Appellant, Shelby County Government.

Murray B. Wells of Memphis, Tennessee for Appellee, Luther Kirkwood

Judge: W. FRANK CRAWFORD

Employee of Shelby County Sheriff’s Department sought review of Civil Service Commission’s order upholding employee’s termination. The Chancery Court, Shelby County remanded the issue to the Civil Service Merit Review Board, and held that the Board’s failure to require any live testimony of Shelby County employees who made accusations against the former employee was a violation of employee’s due process rights to cross-examine his accusers, and that the obligation to call the accusers is that of the employer and not that of the employee. The matter came before this Court on a Rule 9 application for Interlocutory Appeal to consider only (1) whether the Civil Service Merit Review Board’s failure to require any live testimony of Shelby County employees who made accusations against former employee was a violation of former employee’s due process rights to cross-examine his accusers, and (2) whether the obligation to call the accusers is that of the employer, Shelby County, or that of the employee. We hold that the Civil Service Merit Review Board’s failure to require any live testimony of Shelby County employees who made accusations against former employee was not a denial of the employee’s due process rights due to the fact that the employee waived the opportunity to confront or cross-examine his accusers. Further, we find that there exist no obligation on the part of Shelby County to call the employee’s accusers, only that Shelby County must meet its burden of going forward and establishing a prima facie case against the employee. The chancery court order is vacated, and the order of the Civil Service Merit Board is affirmed.

http://www.tba2.org/tba_files/TCA/2006/kirkwood040606.pdf


TRUSTMARK NATIONAL BANK v. ALVIS MILLER

Court: TCA

Judge: DAVID R. FARMER

Trustmark National Bank (“Trustmark”) obtained a judgment of replevin in Mississippi for a truck in the possession of Alvis Miller (“Appellant”). Prior to the Mississippi hearing, Trustmark properly served Appellant with notice, and Appellant filed a hand-written statement informing the court that he had a possessory lien on the truck for repairs made by Appellant. Despite this, the Mississippi court held that Trustmark’s lien had priority over Appellant’s possessory lien. When Trustmark sought to enroll the Mississippi judgment in Tennessee, Appellant argued that Tennessee courts should not extend full faith and credit to the Mississippi judgment because under Tennessee law, common law possessory liens have priority over prior recorded interests. The trial court enrolled the judgment and Appellant appealed. We affirm.

http://www.tba2.org/tba_files/TCA/2006/trustmark040606.pdf


KENDALL G. CAMPBELL v. KEVIN MYERS, WARDEN and STATE OF TENNESSEE

Court: TCCA

Attorneys:

Kendall G. Campbell, Clifton, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Elizabeth Bingham Marney, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: DAVID H. WELLES

The Petitioner, Kendall G. Campbell, appeals from the order of the trial court dismissing 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. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the State’s motion is granted and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/campbellk040606.pdf


STATE OF TENNESSEE v. SERVANDO DELASANCHA CASTREJON

Court: TCCA

Attorneys:

Donna Leigh Hargrove, District Public Defender; and Andrew Jackson Dearing, III, Assistant Public Defender, Shelbyville, Tennessee, for the appellant, Servando Delasancha Castrejon.

Paul G. Summers, Attorney General and Reporter; C. Daniel Lins, Assistant Attorney General; William Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: THOMAS T. WOODALL

Defendant, Servando Delasancha Castrejon, entered a plea of guilty to two counts of sexual battery by an authority figure, a Class C felony, and two counts of unlawful photographing in violation of privacy, a Class A misdemeanor, without a recommendation from the State as to sentencing. Following a sentencing hearing, the trial court sentenced Defendant as a Range I, standard offender, to four years, six months for each felony conviction, and eleven months, twenty-nine days for each misdemeanor conviction. The felony sentences are to be served consecutively to each other, with the misdemeanor sentences concurrently with each other and with one of the felony sentences, for an effective sentence of nine years. Defendant does not challenge the trial court’s denial of alternative sentencing or the length of his sentences. In his appeal, Defendant argues that the trial court erred in imposing consecutive sentencing. After a careful review of the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/castrejons040606.pdf


JAMES CHARLES CAVAYE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

David Martin Hopkins, Nashville, Tennessee, for the appellant, James Charles Cavaye.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Mark A. Fulks and Amy Eisenbeck, District Attorneys General, for the appellee, State of Tennessee.

Judge: DAVID H. WELLES

This is an appeal from the denial of post-conviction relief. The Petitioner, James Charles Cavaye, was convicted upon a jury verdict of first degree murder and especially aggravated robbery. He received sentences of life imprisonment and twenty-four years to be served consecutively. This Court upheld his convictions and sentences on direct appeal. See State v. James Charles Cavaye, No. M2001-02154-CCA-R3-CD, 2002 WL 31769092 (Tenn. Crim. App., Nashville, Dec. 11, 2002). The Petitioner filed for and was denied post-conviction relief. The Petitioner now appeals the trial court’s denial of post-conviction relief, claiming his counsel provided ineffective assistance of counsel. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/cavayej040606.pdf


STATE OF TENNESSEE v. CHRIS ALLEN DODSON

Court: TCCA

Attorneys:

Philip A. Condra, District Public Defender, and Charles D. Curtis, II, Assistant Public Defender, for the appellant, Chris Allen Dodson.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; James Michael Taylor, District Attorney General; and Sherry D. Gouger, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JOHN EVERETT WILLIAMS

The probation of the defendant, Chris Allen Dodson, was revoked based upon: 1) New law violations consisting of possession of drug paraphernalia, criminal attempt to manufacture methamphetamine, possession of Schedule II drugs, and possession of Schedule IV drugs; and 2) Failure to notify his probation officer of the new law violations. On appeal, the defendant contends that the trial court erred in considering evidence obtained as a result of an illegal search. Upon review, we conclude that the proof presented was the product of a valid consensual search and that the trial court did not abuse its discretion in revoking the defendant’s probation.

http://www.tba2.org/tba_files/TCCA/2006/dodsonca040606.pdf


HILTON G. JEFFRIES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Paul Whetstone, Morristown, Tennessee, for the appellant, Hilton G. Jeffries.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; Arthur F. Bieber, Assistant District Attorney General; and Wade Bobo, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS T. WOODALL

Petitioner, Hilton G. Jeffries, filed a pro se pleading captioned as a “Motion to Amend or Correct Judgment” in Case No. 23873 in the Circuit Court of Montgomery County. The pleading was in reference to his conviction in 1987 of aggravated rape of a child less than thirteen years of age. He was sentenced to serve forty years. In his pleading, Petitioner alleges that his constitutional rights were violated when the trial court enhanced his sentence from the minimum sentence of twenty years to forty years. The trial court treated the pleading as a petition for post-conviction relief and summarily dismissed it. Petitioner has filed a timely appeal, and counsel was appointed by the trial court to represent Petitioner on appeal. The State has filed a motion for affirmance pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Having thoroughly reviewed the record, we grant the State’s motion and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/jeffriesh040606.pdf


STATE OF TENNESSEE v. JAMES W. MINTLOW

Court: TCCA

Attorneys:

Ross E. Alderman, District Public Defender; and James P. McNamara (on appeal) and Gary C. Tamkin (at trial), Assistant Public Defenders, for the appellant, James W. Mintlow.

Paul G. Summers, Attorney General and Reporter; Jane L. Beebe, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; James Todd and Russell F. Thomas, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: JOSEPH M. TIPTON

The defendant, James W. Mintlow, appeals from his conviction for sale of less than one-half gram of cocaine, a Class C felony. The trial court sentenced him to a ten-year sentence to be served as a Range III, persistent offender in the Department of Correction. The defendant asserts that the evidence was insufficient to support his conviction and that the trial court erred in denying his motion for a mistrial after a witness testified that he had previously testified at the defendant’s probation hearing. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/mintlowjj040606.pdf


PROKERYON PRIMM v. RICKY BELL, Warden and STATE OF TENNESSEE

Court: TCCA

Attorneys:

Prokeryon Primm, Nashville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; C. Daniel Lins, Assistant Attorney General; Victor S. Johnson, District Attorney General, and Roger Moore, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: DAVID H. WELLES

The Petitioner, Prokeryon Primm, appeals from the order of the trial court dismissing 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. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the State’s motion is granted, and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/primmp040606.pdf


STATE OF TENNESSEE v. MARCUS E. ROBINSON

Court: TCCA

Attorneys:

Edward E. Dewerff, Clarksville, Tennessee, for the appellant, Marcus E. Robinson

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; John Carney, District Attorney General; and Helen Young, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: DAVID H. WELLES

The Defendant, Marcus Robinson, pled guilty to two counts of especially aggravated robbery but subsequently filed a motion to withdraw his pleas, which was denied by the trial court. At a separate plea hearing, the Defendant pled guilty to two counts of attempted first degree murder. Following a sentencing hearing, the Defendant’s two especially aggravated robbery convictions were merged, and he was sentenced to twenty-four years and six months for the especially aggravated robbery conviction. He received a fifteen-year sentence for each attempted murder conviction. In addition, the Defendant was found to have violated the terms of a nine-year community corrections sentence and that sentence was ordered to be served in confinement. The two fifteen-year sentences were ordered to be served concurrently with each other, but consecutively to the twenty-four years and six- month sentence. These sentences were also ordered to be served consecutively to the nine-year sentence, for an effective sentence of forty-eight and one-half years in the Department of Correction. On appeal, the Defendant raises three issues; that the trial court erred in: (1) denying his motion to withdraw his guilty pleas for especially aggravated robbery, (2) imposing consecutive sentences, and (3) imposing an excessive sentence for his especially aggravated robbery conviction. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/robinsonm040606.pdf


TODAY'S NEWS

Legal News
Legislative News

Legal News
E-file your professional tax this year
The June 1 deadline for filing the professional privilege tax is fast approaching. For members of the 22 professional groups required to file this tax annually, the process takes less than five minutes by using the Tennessee Department of Revenue's online filing application. Filers may submit personal information, select profession, make a payment and receive confirmation of filing with a few clicks of the mouse. For more information and to file, go to
Tennessee.gov
Appellate ADR task force invites comments
Having experienced the results of mediation of workers' compensation cases on appeal under Tenn. S. Ct. Rule 37, the Tennessee Supreme Court recently formed the Task Force to Study Appellate Mediation. The court appointed Nashville attorney and retired Tennessee Court of Appeals Judge Ben H. Cantrell as its chair. The task force will report by July 31 on the feasibility of a mediation program for all appellate civil cases and recommend what actions should be taken regarding implementation of such a program. To comment on the feasibility, effectiveness, inherent fairness, and method of implementation of a Tennessee Supreme Court rule applying mediation to all appellate civil cases, send comments to Mary Rose Zingale at the AOC.

UT moot court finals held
The finals of the 2006 Jenkins Intramural Moot Court Competition were held March 31 with the team of Chris McCarty and Laura Bishop defeating Daniel Headrick and Scott Griswold for the championship. The competition was judged by Chancellor Sharon Joyce Bell of the Sixth Judicial District, and Edward J. Shultz and Michael H. Fitzpatrick of the Knoxville firm Jenkins and Jenkins, which sponsored the event. Headrick was named Best Oralist of the competition and Stacie Odeneal was named Best Witness.

ABA opinion on aggregate settlements available
The American Bar Association's Standing Committee on Ethics and Professional Responsibility has issued an ethics opinion (Opinion 06-438) to help lawyers avoid conflicts of interest in making or accepting aggregate settlements or agreements. The opinion details categories of information that must be disclosed to all clients when a lawyer represents multiple parties in a case or individual parties with related cases. Non-ABA members may order a copy of the opinion by calling (800) 285-2221. ABA members may
download a copy here
IRS seeks advisors for filing taxes electronically
The Internal Revenue Service invites applicants to fill six vacancies on the Electronic Tax Administration Advisory Committee, beginning in September. The committee, a congressionally authorized member panel, provides an organized public forum for discussion of electronic tax administration issues in support of a major IRS goal: paperless filing of tax and information returns. Members are appointed by the Secretary of Treasury and serve three-year terms. The deadline to apply is April 28. An application form and more information are available on the
IRS web site.
Graham says sanctions irrelevant to campaign
Since 2003, a candidate for Anderson County Juvenile Court judge has had her law license suspended once and been publicly censured twice for improper ethical conduct. The candidate says the sanctions are just "the cost of a busy law practice." Read the story in the
Knoxville News Sentinel.
Legislative News
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 postiion 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.
TBA Bill Tracking Service
Bill making child rape a capital offense would cost $15 million
A news release e-mailed by the Tennessee House Republican Caucus on Wednesday touted state Rep. Matthew Hill pushing legislation that would elevate child rape from a felony to a capital offense punishable by death or life imprisonment. What the release didn't say is how much the bill would cost Tennessee taxpayers, reports the
Kingsport Times-News.

 
 
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