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Supreme Court permits higher rates for interpreters
The Tennessee supreme Court has amended its rule on eligible costs in cases
involving indigent defendants to permit the trial court to waive the maximum
daily rate in certain cases. The maximum daily rate for a certified
interpreter under the rules is $500. Registered interpreters can be paid a
maximum of $400 a day and non-credentailed interpreters can receive up to
$250 per day .The amendment permits the trial court to determine, in cases
other than Spanish, that a higher rate is necessary. Read revised Rule 13:
http://www.tba2.org/tbatoday/news/2006/rule13amendment_061206.pdf
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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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All methods require a TBA username and password. If you have forgotten your password or need to obtain a password,
you can look it up on-line at http://www.tba.org/getpassword.mgi
Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then
open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to
download the original document. If not, you may need to right-click on the URL to get the option to save the file
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and save a plain-text version of the opinion. Browse the Opinion List area of TBALink.
This option will allow you to download the original version of the opinion.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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JENNIFER LYNN ANDERSON v. MICHAEL E. ANDERSON
Court: TCA
Attorneys:
John Russell Parkes and Wesley Mack Bryant, Columbia, Tennessee, for the appellant, Michael E.
Anderson.
Morgan Andrew Hoover, Pulaski, Tennessee, for the appellee, Jennifer Lynn Anderson.
Judge: DAVID R. FARMER
In this divorce action, Husband appeals the trial court's calculation of a downward deviation in child
support. Wife appeals the trial court's denial of a motion to alter or amend the final divorce decree
in order to grant wife an equitable share of a pension plan belonging to Husband. For the reasons
set forth below, we affirm the trial court.
http://www.tba2.org/tba_files/TCA/2006/andersonj_061206
ASHAD R.A. MUHAMMAD ALI, a/k/a LOUIS WEBB v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Ashad R.A. Muhhammad Ali, a/k/a/ Louis Webb, Tiptonville, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney
General; William Michael McCown, District Attorney General; and Ann L. Filer, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: JOHN EVERETT WILLIAMS
The defendant, Ashad R.A. Muhammad Ali, a/k/a Louis Webb, appeals pro se the dismissal of
his petition for post-conviction DNA analysis. The defendant presents two issues: (1) whether
the post-conviction court properly dismissed the petition, and (2) whether the post-conviction
court erred in denying relief or sanctions for the failure of the State to preserve all testable
evidence. We conclude that the petition was properly dismissed and that no relief or sanctions
for failure to preserve all testable evidence should be afforded the defendant. We affirm the
post-conviction court's dismissal of the defendant's petition.
http://www.tba2.org/tba_files/TCCA/2006/alira_060906.pdf
ARTHUR L. ARMSTRONG v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Arthur L. Armstrong, Only, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General;
Victor S. Johnson, District Attorney General; and Lisa Naylor, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: DAVID H. WELLES
The Petitioner, Arthur L. Armstrong, filed a petition for writ of error coram nobis alleging newly
discovered evidence in the context of a Brady v. Maryland, 373 U.S. 83 (1963), violation and,
alternatively, that counsel was ineffective by failing to use the evidence for impeachment
purposes. The trial court summarily denied relief on the basis that the petition was time-barred.
We conclude that, with respect to the Petitioner’s claim of newly discovered evidence, an
evidentiary hearing is required. As to the allegation of ineffective assistance of counsel, this
issue is not appropriately addressed in a petition for writ of error coram nobis and, insofar as the
pleading may be considered a petition for post-conviction relief, the trial court properly
dismissed the claim without a hearing. Thus, we affirm the summary dismissal of the ineffective
assistance claim. The judgment is affirmed in part, reversed in part, and remanded.
http://www.tba2.org/tba_files/TCCA/2006/armstronga_060906.pdf
STATE OF TENNESSEE v. ERNEST CUNNINGHAM, JR.
Court: TCCA
Attorneys:
Nathan Moore, Nashville, Tennessee, for the appellant, Ernest Cunningham, Jr.
Paul G. Summers, Attorney General and Reporter; C. Daniel Lins, Assistant Attorney General;
Victor S. (Torry) Johnson, III, District Attorney General; Angelita B. Dalton and Sarah N. Davis,
Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: JOHN EVERETT WILLIAMS
The defendant, Ernest Cunningham, Jr., appeals his convictions for facilitation of sale of cocaine
under .5 grams (Class D felony) and possession of .5 grams or more of cocaine with the intent to
sell (Class B felony). The defendant received concurrent sentences of twelve years for the
facilitation offense and thirty years for possession with intent to sell, as a career offender with a
60% release eligibility date. The sole issue on appeal is whether the evidence was sufficient to
support the convictions. Our review reveals that the evidence was sufficient. The judgments of
conviction are hereby affirmed.
http://www.tba2.org/tba_files/TCCA/2006/cunninghamejr_060906.pdf
JESSE LANE DABBS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Jesse Lane Dabbs, Pro Se.
Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General;
Victor S. Johnson, District Attorney General; and Tom Thurman, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: DAVID H. WELLES
The Petitioner, Jesse Lane Dabbs, appeals the trial court’s summary dismissal of his petition for
post- conviction relief. The trial court determined that the petition was filed outside the statute
of limitations and was time-barred. After a review of the record, the judgment of the Davidson
County Criminal Court summarily dismissing the petition is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/dabbsj_060906.pdf
STATE OF TENNESSEE v. CARLOS EDDINGS
Court: TCCA
Attorneys:
Garland Erguden, Memphis, Tennessee, for the Appellant, Carlos Eddings.
Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney
General; William L. Gibbons, District Attorney General; David Zak, Assistant District Attorney
General, for the Appellee, State of Tennessee.
Judge: ROBERT W. WEDEMEYER
The Defendant, Carlos Eddings, was tried and convicted for aggravated robbery, and the trial
court sentenced the Defendant to ten years in prison. The Defendant appealed, and a majority of
this Court concluded that his sentence must be modified to eight years pursuant to the United
States Supreme Court case Blakely v. Washington, 542 U.S. 296 (2004). State v. Carlos
Eddings, No. W2003-02255-CCA-R3-CD, 2004 WL 2266794, at *1 (Tenn. Crim. App., at
Jackson, Oct. 8, 2004). The State filed an application for permission to appeal with the
Tennessee Supreme Court pursuant to Rule 11(a) of the Tennessee Rules of Appellate Procedure.
On May 23, 2005, the Tennessee Supreme Court granted the State’s application for the purpose
of remanding the case to this Court for reconsideration in light of State v. Gomez, 163 S.W.3d
632 (Tenn. 2005). On remand, we affirm the Defendant’s ten-year sentence.
http://www.tba2.org/tba_files/TCCA/2006/eddingsc-remand_060906.pdf
STATE OF TENNESSEE v. CHARLES BRANDON HANNER
Court: TCCA
Attorneys:
Ann Marie Kroeger, Springfield, Tennessee, for the Appellant, Charles Brandon Hanner.
Paul G. Summers, Attorney General & Reporter; Sophia S. Lee, Assistant Attorney General; and
Dent Morris, District Attorney General, for the Appellee, State of Tennessee.
Judge: JAMES CURWOOD WITT, JR.
Indicted for rape of a child, the defendant, Brandon Hanner, was convicted by a jury of
aggravated sexual battery. He appeals and challenges the sufficiency of the convicting evidence.
Because the record supports the jury’s verdict, we affirm the conviction.
http://www.tba2.org/tba_files/TCCA/2006/hannerc_060906.pdf
JONATHON CHRISTOPHER HOOD v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Robert Huskey, Manchester, Tennessee, for the appellant, Jonathon Christopher Hood.
Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; J.
Michael Taylor, District Attorney General; and Steve M. Blount, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: DAVID H. WELLES
This is an appeal from the denial of post-conviction relief. The Petitioner, Jonathon Christopher
Hood, entered a best-interest guilty plea to felony reckless endangerment and, pursuant to a plea
agreement, was sentenced to one year imprisonment with a release eligibility date of 30%. The
Petitioner filed for and was denied post-conviction relief. The Petitioner now appeals the denial
of post-conviction relief, claiming his trial counsel provided ineffective assistance of counsel
which resulted in an involuntary guilty plea. We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/hoodj_060906.pdf
STATE OF TENNESSEE v. EDWARD JANKOWSKI, SR.
Court: TCCA
Attorneys:
Robert Morgan, Assistant Public Defender, Jasper, Tennessee, for the appellant, Edward
Jankowski, Sr.
Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General;
and J. Michael Taylor, District Attorney General, for the appellee, State of Tennessee.
Judge: DAVID H. WELLES
The Defendant, Edward Jankowski, Sr., appeals from the sentencing decision of the Sequatchie
County Circuit Court. The Defendant pled guilty to one count of incest. The victim was his
eighteen-year-old daughter. Pursuant to the terms of the plea agreement, he received a six-year
sentence as a Range I, standard offender, and the manner of service was to be determined by the
trial court. Following a sentencing hearing, the trial court ordered the sentence to be served in
the Department of Correction. On appeal, the Defendant argues that the trial court erred by
ordering a sentence of total confinement rather than a less restrictive alternative. After review,
the sentencing decision is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/jankowskie_060906.pdf
RANDY L. JONES v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Randy L. Jones, Pro Se.
Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney
General; J. Michael Taylor, District Attorney General; and Steve Strain, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: DAVID H. WELLES
The Petitioner, Randy L. Jones, pro se, appeals as of right from the Grundy County Circuit
Court’s denial of post-conviction relief. In 1997, the Petitioner was convicted of two counts of
first degree, premeditated murder, and he received consecutive life sentences for these
convictions. Subsequently, the Petitioner filed a petition for post-conviction relief and, after
several amendments by the Petitioner and appointed counsel, received an evidentiary hearing.
The post-conviction court dismissed the petition, and he now appeals to this Court. In this
appeal, he raises seven issues which, in substance, relate to the following claims: denial of his
right to self-representation, ineffective assistance of counsel, prosecutorial misconduct, and
improper jury instructions. After a review of the record, we affirm the judgment of the post-
conviction court denying relief.
http://www.tba2.org/tba_files/TCCA/2006/jonesr_060906.pdf
JAMES MCCLENNON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Ronald Munkeboe, Jr., Nashville, Tennessee, for the appellant, James McClennon.
Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General;
Victor S. (Torry) Johnson, III, District Attorney General; and Bret T. Gunn, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: JOHN EVERETT WILLIAMS
The petitioner, James McClennon, appeals the denial of his petition for post-conviction relief in
which he asserted various instances of ineffective assistance of counsel. A review of the record
reveals support for the findings of the post-conviction court. We affirm.
http://www.tba2.org/tba_files/TCCA/2006/mcclennonj_060906.pdf
KEVIN FRANK MERCER v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Hershell D. Koger, Pulaski, Tennessee, for the appellant, Kevin Frank Mercer.
Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Senior Counsel;
William Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant
District Attorney General, for the appellee, State of Tennessee.
Judge: JOHN EVERETT WILLIAMS
In this post-conviction action, the petitioner, Kevin Frank Mercer, contends that: (1) his plea was
involuntary and unknowing; and (2) trial counsel was ineffective by providing little meaningful
advice as to whether to enter a plea or proceed to trial. Following our review, we conclude that
his plea was knowingly and voluntarily entered and that counsel was effective in his
representation of the petitioner. Therefore, we affirm the denial of post-conviction relief.
http://www.tba2.org/tba_files/TCCA/2006/mercerkf_060906.pdf
ANDREW ROCHESTER v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Claudia S. Jack, District Public Defender, and Robert H. Stovall, Jr., Assistant Public Defender,
for the appellant, Andrew Rochester.
Paul G. Summers, Attorney General and Reporter; C. Daniel Lins, Assistant Attorney General;
T. Michel Bottoms, District Attorney General; and Joel D. Dicus, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: JOHN EVERETT WILLIAMS
In this post-conviction action, the petitioner, Andrew Rochester, contends that trial counsel was
ineffective by: (1) failing to file a motion to suppress evidence taken from his vehicle after his
arrest; (2) failing to object to testimony elicited from two witnesses not qualified as experts; and
(3) failing to comply with the requirements of Momon v. State on the record at trial. Following
our review, we conclude that counsel was not ineffective in his representation; therefore, we
affirm the denial of post-conviction relief.
http://www.tba2.org/tba_files/TCCA/2006/rochestera_060906.pdf
STATE OF TENNESSEE v. WALFRIDO L. RODRIGUEZ
Court: TCCA
Attorneys:
Ross E. Alderman, District Public Defender; and Jeffrey Devasher, Assistant District Public
Defender, for the Appellant, Walfrido L. Rodriquez.
Paul G. Summers, Attorney General & Reporter; Preston Shipp, Assistant Attorney General;
Victor S. Johnson, III, District Attorney General; and Robert McGuire, Assistant District
Attorney General, for the Appellee, State of Tennessee.
Judge: JAMES CURWOOD WITT, JR.
The defendant, Walfrido L. Rodriguez, appeals from his Davidson County Criminal Court jury
convictions of second degree murder and aggravated assault, claiming that the trial court erred
by instructing the jury to consider the charges sequentially, that the convicting evidence is
insufficient, and that the trial court erred in rejecting a request for a special jury instruction. We
discern no reversible error and affirm the convictions.
http://www.tba2.org/tba_files/TCCA/2006/rodriguezw_060906.pdf
STATE OF TENNESSEE v. LAMONT DESHAWN RUTLAND
Court: TCCA
Attorneys:
David M. Hopkins, Nashville, Tennessee, for the appellant, Lamont Deshawn Rutland.
Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney
General; Victor S. (Torry) Johnson III, District Attorney General; Bret Gunn, Assistant District
Attorney General; and Brian Holmgren, Assistant District Attorney General, for the appellee, the
State of Tennessee.
Judge: THOMAS T. WOODALL
Defendant, Lamont Deshawn Rutland, appeals the trial court’s revocation of his probation. After
a review of this matter, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/rutlandl_060906.pdf
STATE OF TENNESSEE v. DANNY STRODE
Court: TCCA
Attorneys:
Paul G. Summers, Attorney General & Reporter; Michelle Chapman McIntire, Assistant
Attorney General; J. Michael Taylor, District Attorney General, and James W. Pope, III,
Assistant District Attorney General, for the appellant, State of Tennessee.
Cynthia A. LeCroy-Schemel, Chattanooga, Tennessee, for the appellee, Danny Strode.
Judge: JERRY L. SMITH
The defendant, Danny Strode, was indicted by the Bledsoe County Grand Jury for one count of
premeditated murder, one count of felony murder and one count of especially aggravated
robbery. The State sought the death penalty. The defendant asserted he could not be put to death
because he was mentally retarded within the meaning of Tennessee Code Annotated section 39-
13-203(a). The trial court held a hearing and determined that the defendant was indeed mentally
retarded under the definition provided in the statute and therefore could not be sentenced to
death. The State requested permission to pursue an interlocutory appeal which was granted by
the trial court. On appeal, we determine that the defendant is not mentally retarded under the
definition of the statute and, therefore, reverse the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/stroded_060906.pdf
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| TODAY'S NEWS |
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Legal News
Legislative News
Election 2006
TBA Member Services
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| Legal News |
| Lawsuit over education funding ends |
| An 18-year-old lawsuit brought by small schools in Tennessee that forced lawmakers to create a new education funding formula fairer to counties with smaller tax bases was dismissed by a Nashville judge Friday. Davidson County Chancellor Carol McCoy ruled that the so-called small schools lawsuit be dismissed because there were no issues related to the suit still pending. |
The Knoxville News-Sentinel has the story.
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| Supreme finances: Justices report their '05 road trips |
| U.S. Supreme Court justices crisscrossed the world last year, with stops in Bangkok, Paris, London and Prague. Financial disclosure reports released Friday show that several justices got out of Washington a good bit in 2005 at the expense of law schools and legal groups. The reports also show new Chief Justice John Roberts easily in the ranks of the court's millionaires. |
Read the details in the Knoxville News Sentinel
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| Charter ruling could give county fresh start |
| Chancellor John Weaver's ruling Friday that the Knox County Charter is "incomplete, invalid and ineffective" might have been predicable based on his comments during an earlier case, but for now the decision adds another uncertain dimension to an already confusing chapter centered on an all-too-confusing election cycle. |
Read a Knoxville News Sentinel editorial.
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| Download the trial court's 57-page opinion on the Knox County charter |
here.
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| Tate County judge chided in DUI case |
| The Mississippi Supreme Court has ordered a public reprimand for a Tate County justice court judge for actions related to his grandson's driving-under-the-influence case.
The commission records showed Judge Cecil Cole had removed himself from presiding over his grandson's case, but before doing so had ordered the man's driver's license reinstated. Read more in the |
Commercial Appeal.
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| Criminal Justice Summit kicks off in Memphis |
| Top Tennessee law enforcement agents were in Memphis today to look at ways to cut down on crime in the state.
Memphis has seen its share of crime, including more than 70 murders this year.
The Criminal Justice Summit will be held in two other regtions this month, one in Nashville and the other in Knoxville. |
News Channel 3
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| Conspiracy conviction may hamper March's murder defense |
| As they alluded to on Thursday, Perry March's lawyers will waste no time in preparing a defense for their client's upcoming murder trial.
That defense, however, may be complicated by the fact that March was just found guilty of conspiring to kill two individuals who are scheduled to be key witnesses in that murder case.
Read the full story in |
The City Paper.
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| Hooks talks about civil rights accomplishments |
| Dr. Benjamin Hooks told a Jackson audience Sunday night that there are two things that can still rile him.
"I get mad when people say we have made no progress," the longtime civil rights leader told the annual banquet of the Knights of Pythias and Court of Calanthe at the Comfort Inn.
However, the 81-year-old pastor, lawyer, former judge and from 1977-92 the NAACP's executive director, gets equally annoyed at another attitude.
"I get just as mad at people who think there isn't any more we have to do as a people, and that's just as wrong," he said. Read more about Dr.Hooks' speech in the |
Jackson Sun.
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| Legislative News |
| Bill would separate budgets of Juvenile Justice and Children's Services |
| A bill has passed both the House and the Senate in the Tennessee Legislature in favor of setting up a separate budget for the Juvenile Justice Division of the Department of Children's Services. The bill is still currently awaiting the governor's signature to become law. |
Get the full story from Tri-Cities.com
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| Election 2006 |
| 5 qualify to run for town judge, town clerk |
| Three Murfreesboro residents met Friday's qualifying deadline to run for town judge, and two will seek the court clerk's office. See who they are in |
The Daily News Journal.
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| TBA Member Services |
| Student loans at low rates through SunTrust |
| The TBA and SunTrust Bank now have a Partnership Program to help alleviate the burden of student loans. Members and their families can consolidate their federal student loans at a special low fixed rate - right now as low as 5.375%. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5% for on-time payments and automatic debit payments.
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