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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Corrected. The correction is as follows: On page seven (7), in the last paragraph, fourth line, the sentence that reads "Second, the affidavit did establish Taylor's reliability," has been changed to "Second, the affidavit did not establish Taylo

Court: TSC


Charles M. Agee, Jr., Dyersburg, Tennessee, for the Appellant, Delawrence Williams.

Paul G. Summers, Attorney General and Reporter; Michael R. Moore, Solicitor General; Mark A. Fulks, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the Appellee, State of Tennessee.


We granted this interlocutory appeal to review (1) whether the information used to obtain a search warrant to search the defendant’s residence was provided by a “citizen informant” and thus presumptively reliable; and (2) whether the information, if not provided by a “citizen informant,” nonetheless established probable cause under State v. Jacumin, 778 S.W.2d 430 (Tenn. 1989). The trial court denied the defendant’s motion to suppress after finding that the information had not been provided by a citizen informant but that it nonetheless established probable cause under Jacumin. The Court of Criminal Appeals concluded that the information was presumptively reliable because it had been given by a citizen informant and upheld the denial of the motion to suppress without applying Jacumin. After reviewing the record and applicable authority, we hold (1) that the trial court and the Court of Criminal Appeals properly granted the interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure and (2) that although the information used to obtain the search warrant for the defendant’s residence was not provided by a “citizen informant,” it established probable cause under Jacumin. The judgment is, therefore, affirmed for the reasons herein.



Court: TCA


Harold R. Gunn, Humboldt, Tennessee, for the appellant, Norman E. Dunn.

Mark L. Agee and Jason C. Scott, Trenton, Tennessee, for the appellee, Zula M. Dunn.


Husband appeals the trial court’s distribution of marital property and award of alimony in futuro. We affirm.



Court: TCA


Thomas Jackson, Pro Se

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Jennifer L. Brenner, Office of Attorney General for Appellees, Tennessee Department of Correction, Sgt. Lucy Simpson, Warden David G. Mills and George M. Little


This appeal involves a petition for writ of certiorari filed by a state prisoner. The prisoner was found guilty of money laundering by the prison Disciplinary Board, and placed in punitive segregation for ten days, ordered to pay a $5.00 fine, and was recommended him for involuntary administration segregation. The prisoner filed a petition for common law writ of certiorari in the Chancery Court of Lauderdale County alleging that the Disciplinary Board committed multiple violations of its own disciplinary procedures. The trial court issued an order granting certiorari, and respondents filed a certified copy of the disciplinary record for the prisoner with the trial court. After reviewing the record, the trial court held that the Petitioner had failed to prove that the Disciplinary Board exceeded its jurisdiction or acted illegally, fraudulently or arbitrarily, and quashed the petition. Prisoner appeals. We affirm.




Court: TCA


Joseph Liddell Kirk, Knoxville, Tennessee, for the Appellant, Chivous Robinson.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Randall E. Nichols, District Attorney General; Philip H. Morton and Takisha M. Fitzgerald, Assistant District Attorneys General, for the Appellee, State of Tennessee.


The Appellant, Chivous Robinson, appeals the judgment of the Knox County Criminal Court denying post-conviction relief. Robinson was convicted of second degree murder and solicitation to commit first degree murder and subsequently sentenced to an effective thirty-four year sentence. On appeal, Robinson argues that he was denied his Sixth Amendment right to the effective assistance of counsel, specifically arguing that counsel was ineffective by: (1) not raising the issue of newly discovered evidence on direct appeal; and (2) not seeking jury instructions on the lesser included offenses of reckless homicide and criminally negligent homicide and not appealing the failure of the trial court to instruct on these lesser offenses. After review, the judgment of the post-conviction court is affirmed.



Court: TCCA


Douglas A. Blaze, Knoxville, Tennessee, for the petitioner, Grenda Ray Harmer.

Paul G. Summers, Attorney General and Reporter; Renee Turner, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Phillip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: J.C. MCLIN

The petitioner, Grenda Ray Harmer, appeals the post-conviction court’s denial of post-conviction relief. On appeal, he alleges that (1) he received the ineffective assistance of counsel with respect to his suppression hearing; and (2) his constitutional rights were violated by the loss and destruction of evidence relevant to the suppression hearing. Following our review of the record and the parties’ briefs, we affirm the order of the post-conviction court.



Court: TCCA


Robert Wilson Jones and Tony N. Brayton (on appeal), and Jennifer Johnson and Tim Albers (at trial), Memphis, Tennessee, for the appellant, Daniel Potin.

Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; William L. Gibbons, District Attorney General, and Greg Gilbert, Assistant District Attorney General, for the appellee, State of Tennessee.


The appellant, Daniel Potin, was found guilty by a jury in the Shelby County Criminal Court of possession of .5 grams or more of cocaine with the intent to sell. The trial court sentenced the appellant to nine years in the Tennessee Department of Correction and imposed a fine of $20,000. On appeal, the appellant challenges the sufficiency of the evidence, the trial court’s designation of a witness as an expert, and the fine imposed. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.



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