General Assembly adjourns sine die?

At press time Friday the Tennessee legislature was hurtling toward sine die adjournment on Friday night. The Latin phrase "sine die" leads every lawyer lobbyist to rejoice. The phrase is used to mean the permanent end of legislative business for the year. According to Black's Law Dictionary, it literally means "without day" but is used in the legislative context to mean that the legislative body adjourned without assigning another day for a meeting. Under the Tennessee constitution "Neither House shall, during its session, adjourn without the consent of the other for more than three days..." (Article II, Section 16). By practice, when the bodies finish their work at the end of the two-year session, they send a delegation to the governor to announce that they have finished their work for the year and then adjourn sine die. It takes a constitutionally required action to reconvene after sine die adjournment.
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

SANDRA DAVID v. SATURN CORPORATION

Court: TWCA

Attorneys:

Richard A. House, Nashville, Tennessee, attorney for appellant, Sandra David.

Marcia McShane Watson, Nashville, Tennessee, attorney for appellee, Saturn Corporation.

Judge: INMAN

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Saturn's employer-funded disability plan paid the Plaintiff disability benefits after reaching maximum medical improvement when she was placed out of work because her physician-ordered restrictions could not be accommodated. The Plaintiff claims error in the offsetting of these disability payments. The judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TSC_WCP/2006/davids_052606.pdf


STATE OF TENNESSEE v. NEW BEGINNING CREDIT ASSOCIATION, INC. ET AL. ASSOCIATION, INC. ET AL.

Court: TCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Russell T. Perkins, Deputy Attorney General, for the appellant, State of Tennessee.

Joseph L. Lackey, Jr., Nashville, Tennessee, for the appellees, New Beginning Credit Association, Inc., Credit Alliance, Inc., Credit Connection, Inc., New Beginning Financial Alliance, and Frank Andre William Iaquinta.

Judge: KOCH

This appeal involves an enforcement action against a credit services company. The State of Tennessee filed a complaint under the Tennessee Credit Services Businesses Act and the Tennessee Consumer Protection Act of 1977 against the company, its president, and several related entities. Following an expedited bench trial, the trial court found that the defendants had violated both statutes, entered a permanent injunction against future violations, and set a hearing on further remedies. The court later awarded the State over $42,000 in attorney's fees and costs and levied $46,200 in civil penalties against the credit repair company and its president. The court declined to order restitution to the company's customers, and the State appealed. We have concluded that the trial court erred by finding that the company rendered complete performance to its customers as required by the Tennessee Credit Services Business Act and by refusing to award restitution to the company's customers on the ground that it would be impractical and ineffective. Accordingly, we affirm the trial court's decision in part, vacate its denial of restitution, and remand the case for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCA/2006/newbeginning_052606.pdf


STATE OF TENNESSEE v. DENISE DYCUS

Court: TCCA

Attorneys:

Robert T. Bateman, Clarksville, Tennessee, for the appellant, Denise E. Dycus.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; John Carney, District Attorney General; and Arthur Bieber, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

This is an appeal from the order of the trial court revoking the Defendant's probation and ordering her to serve the remainder of her ten-year sentence with the Department of Correction. The Defendant, Denise Dycus, raises as her sole issue on appeal the claim that the trial court abused its discretion in revoking her probation and ordering her to serve the remainder of this sentence in confinement. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/dycusde_052606.pdf


JOHNNY B. EWING v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

J. Carlton Drumwright, Brentwood, Tennessee, for the Petitioner, Johnny B. Ewing.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. (Torry) Johnson III, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the Appellee, State of Tennessee.

The Petitioner, Johnny B. Ewing, pled guilty to second degree murder and was sentenced to forty years in the Department of Correction. The Petitioner did not appeal his guilty plea or sentence, however, the Petitioner did file a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. The Petitioner now appeals, contending that the post-conviction court erred in finding the Petitioner's guilty plea was entered knowingly and voluntarily and was not the result of ineffective assistance of counsel. Specifically, the Petitioner claims that Counsel: (1) failed to adequately consult with the Petitioner and advise him of the consequences of his plea; (2) failed to adequately inform the Petitioner of the nature of the evidence the State intended to present at trial; and (3) induced the Petitioner into pleading guilty. Finding no reversible error, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/ewingjb_052606.pdf


CLINTON W. LYNCH v. RICKY J. BELL, WARDEN

Court: TCCA

Attorneys:

Clinton W. Lynch, Pro Se, Nashville, Tennessee.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

The Petitioner, Clinton W. Lynch, appeals from the dismissal of his petition for the writ of habeas corpus. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the judgment of the trial court is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.

http://www.tba2.org/tba_files/TCCA/2006/lynchcw_052606.pdf


STATE OF TENNESSEE v. LOUIS LESLIE MYLES

Court: TCCA

Attorneys:

Adrian Chick, Nashville, Tennessee, for the Appellant, Louis Leslie Myles.

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

Judge: HAYES

The Appellant, Louis Leslie Myles, appeals the denial of judicial diversion following his guilty pleas to two counts of theft of property over $1,000. After review of the record, we reverse the sentencing decision of the Davidson County Criminal Court and remand for deferment of the proceedings as provided by Tennessee Code Annotated Section 40-35-313 (2003).

http://www.tba2.org/tba_files/TCCA/2006/mylesl_052606.pdf


ANTIONE D. REDEEMER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Michael J. Love, Clarksville, Tennessee, for the appellant, Antione D. Redeemer.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Helen Owsley Young, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, Antione D. Redeemer, appeals the Montgomery County Criminal Court's dismissal of his petition for post-conviction relief from his conviction for the sale of less than one-half gram of cocaine within one thousand feet of a school zone, a Class B felony, and resulting sentence of eight years at 100% in the Department of Correction. On appeal, the petitioner contends that because he was only seventeen years old at the time of the offense, his right to due process of law was violated when he entered a guilty plea in the Montgomery County Criminal Court without having been transferred to criminal court from the Montgomery County Juvenile Court. We agree that the petitioner's procedural due process right to a juvenile transfer hearing was violated and conclude that the trial court did not follow the procedures set forth in Sawyers v. State, 814 S.W.2d 725 (Tenn. 1991), for the purpose of assessing the prejudice of the due process violation. We reverse the trial court's dismissal of the petition and remand the case for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2006/redeemera_052606.pdf


LUFTI SHAFQ TALAL a/k/a JAMES WILLIAM TAYLOR V. STATE OF TENNESSEE

Court: TCCA

Attorneys:

James William Taylor, Pro Se, Only, Tennessee.

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

Judge: SMITH

This matter is before the Court upon the State's motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner has appealed the trial court's order summarily dismissing the petition for the writ of habeas corpus. In that petition, the petitioner alleges that he was improperly sentenced, that the trial court lacked authority to determine his release eligibility and that the trial court failed to render a final sentencing judgment regarding his first degree murder conviction. Upon a review of the record in this case we are persuaded that the trial court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/taylorj_052606.pdf


STATE OF TENNESSEE v. ARLIE THOMAS

Court: TCCA

Attorneys:

H. Marshall Judd, Cookeville, Tennessee (on appeal) and Ricky Jenkins, Sparta, Tennessee (at trial) for the appellant, Arlie Thomas.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; William E. Gibson, District Attorney General; and David A. Patterson, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Arlie Thomas, was convicted of first degree premeditated murder and sentenced to life in prison. On appeal, the Defendant asserts that: (1) the evidence was insufficient to establish premeditation; (2) the trial court improperly overruled the Defendant's motion to suppress two pieces of evidence; (3) the trial court erred when it denied the Defendant's motion for a continuance and change of venue based on pre-trial publicity; (4) the trial court erred when it admitted into evidence a photograph of the victim prior to her death and a photograph of the barrel that contained the victim's body; (5) the trial court erred when it denied his request for a new trial based upon comments made by the State during closing arguments; (6) the trial court erred when it refused to allow the Defendant to move into evidence a statement from the bill of particulars; and (7) the trial court erred when it refused the Defendant's request for a mistrial based upon certain members of the jury pool discussing the case prior to voir dire. Finding that there exists no reversible error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/thomasa_052606.pdf


REGINOL L. WATERS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Nathan Scott Moore, Nashville, Tennessee, for the appellant, Reginol L. Waters.

Paul G. Summers, Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Brian Keith Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, Reginol L. Waters, appeals the Davidson County Criminal Court's dismissal of his petition for post-conviction relief from his convictions for two counts of aggravated rape, one count of aggravated robbery, and one count of aggravated burglary and resulting effective sentence of fifty-eight years in the Department of Correction. On appeal, the petitioner claims he received the ineffective assistance of counsel based upon his trial attorney's failure (1) to consult with him adequately, (2) to investigate the facts of his case adequately, (3) to prepare his testimony adequately, and (4) to file a pre-trial motion to suppress properly. We affirm the trial court's dismissal of the petition.

http://www.tba2.org/tba_files/TCCA/2006/watersreginoll_052606.pdf


STATE OF TENNESSEE v. ANTONIO D. WINTERS

Court: TCCA

Attorneys:

Mike J. Urquhart, Nashville, Tennessee, for the appellant, Antonio D. Winters.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Harold Donnelly, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The probation of the defendant, Antonio D. Winters, was revoked based upon: (1) new law violations consisting of possession of Schedule II drugs for resale; (2) failure of drug tests for use of cocaine and marijuana; and (3) failure to complete Lifelines Therapeutic Community program. On appeal, the defendant contends: (1) that the trial court abused its discretion when it granted the state's motion to impose sentence because the motion was not a probation violation warrant; and (2) whether the trial court had jurisdiction to impose the original sentence. Upon review, we conclude that the trial court did not abuse its discretion because the motion to impose sentence did serve as the functional equivalent of a probation violation warrant and did provide actual notice to the defendant of the defendant's violations and of the state's intention to have his probation revoked. Further, the trial court did have jurisdiction to impose the original sentence. The probation revocation judgment from the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/wintersad_052606.pdf


TODAY'S NEWS

Legislative News
Legal News
Online CLE

Legislative News
General Assembly passes $26 billion budget
The state's $26 billion budget is ready for the governor's signature after being approved by both chambers of the General Assembly on Friday, the Knoxville News Sentinel reports.
Read the full story
Minimum wage bill passes House
A move to raise the minimum wage to $6.15 an hour narrowly passed the House today and is poised for a vote in the Senate, the Knoxville News Sentinel reports.
Read the full story
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
Legal News
Judge investigated over election pool
The Tennessee Bureau of Investigation is looking into a complaint that a Hawkins County General Sessions judge was running a pool on the recent elections. Judge David Brand tells the Kingsport Times-News that he wasn't aware such pools were illegal and stopped it when he found out.
Read the full story
Online CLE
Build your internet research skills with online course
Everyone uses the Internet, but are you taking full advantages of the research capabilities that are available? Carole Levitt, a nationally recognized author and founder of Internet for Lawyers, has developed a special course for Tennessee lawyers that is now available from TennBarU. This one-hour interactive course teaches you how to efficiently search the Tennessee Code, perform historical legislative research, search municipal codes and more.
Register or find out more now

 
 
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