Tennessee joins agreement to curb tobacco sales to minors

Tennessee has joined 25 other states and the District of Columbia in an agreement with Chevron Products Company to implement new procedures aimed at reducing sales of cigarettes to minors. The agreement announced today requires Chevron to implement changes at its company-owned stores and take a number of steps to prevent youth access to tobacco at its franchise outlets in signing states.

http://www.tba2.org/tbatoday/news/2006/chevron_agree_061906.pdf

TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

GARY LYNN HIXSON v. CLIFTA JEAN (GOSS) HIXSON

Court: TCA

Attorneys:

Don W. Poole, Chattanooga, Tennessee, for the Appellant, Gary Lynn Hixson.

Sandra J. Bott, Chattanooga, Tennessee, for the Appellee, Clifta Jean Hixson.

Judge: SHARON G. LEE

http://www.tba2.org/tba_files/TCA/2006/hixsong061906.pdf


KENNY ALLEN NOAH v. MELISSA GAIL NOAH

Court: TCA

Attorneys:

Douglas R. Beier, Morristown, Tennessee, for the Appellant Kenny Allen Noah.

Clifton L. Corker, Johnson City, Tennessee, for the Appellee Melissa Gail Noah.

Judge: D. MICHAEL SWINEY

Following the parties’ divorce in 1995, considerable disagreement between them arose as to whether Kenny Allen Noah (“Father”) should continue to pay alimony to Melissa Gail Noah (“Mother”), whether Father was in arrears on his child support, and the appropriate amount of his current child support payment. The Trial Court ordered the parties to mediate their disagreements and following a successful mediation, the parties entered into a handwritten settlement agreement (the “Agreement”). The Agreement required Father, among other things, to provide current income information so the amount of his child support payment could be calculated in accordance with the Guidelines. When Father failed to timely provide this information, Mother filed a motion asking the Trial Court to enforce the Agreement by requiring Father to provide the income information. A hearing was held on Mother’s motion, but neither Father nor his attorney were present. Instead of ordering Father to provide the requested income information, the Trial Court determined Father’s child support payment based on available information and imputed $18,000 in business income to Father, while not allowing Father any offsets for claimed related business expenses. Father filed a Tenn. R. Civ. P. 60.02 motion for relief from the judgment which the Trial Court denied. We vacate the judgment.

http://www.tba2.org/tba_files/TCA/2006/noahk061906.pdf


KIMBERLY GREENE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Kimberly Greene, Memphis, Tennessee, pro se.

Paul G. Summers, Attorney General and Reporter; Leslie Price, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Robert Headrick, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: THOMAS T. WOODALL

Petitioner, Kimberly Greene, filed a pro se petition for writ of habeas corpus on March 1, 2005, and counsel was subsequently appointed to assist Petitioner. A hearing was held on June 1, 2005, and, after consulting with her counsel, Petitioner voluntarily withdrew her petition. Thereafter Petitioner filed a pro se notice of appeal. Upon a review of the record in this case, we conclude that the trial court was correct in summarily dismissing the habeas corpus petition. Accordingly, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/greenek061906.pdf


CHARLES MANNING v. JACK MORGAN, WARDEN

Court: TCCA

Attorneys:

Joe H. Walker, District Public Defender; Walter B. Johnson, II, Assistant Public Defender; Harriman, Tennessee, for the appellee, Charles Manning.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Scott McCluen, District Attorney General; and John Bledsoe, Assistant District Attorney General

Judge: THOMAS T. WOODALL

Petitioner, Charles Manning, filed a Petition for Writ of Habeas Corpus, attacking his two convictions for second degree murder. Following a hearing, the trial court denied any relief to Petitioner. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/manningc061906.pdf


JAMES DELLINGER AND GARY WAYNE SUTTON

Court: TCCA

Attorneys:

Richard L. Burnette, Knoxville, Tennessee (on appeal), for appellant, James Dellinger; Bryan E. Delius, Sevierville, Tennessee, and Catherine Y. Brockenborough, Nashville, Tennessee (at trial), for the appellant, James Dellinger; and Tim S. Moore, Newport, Tennessee, for appellant, Gary Wayne Sutton;

Paul G. Summers, Attorney General and Reporter; Michelle Chapman McIntire, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Steven R. Hawkins, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS T. WOODALL

Following a joint trial, Petitioners, James Dellinger and Gary Wayne Sutton, were each convicted in Sevier County Circuit Court of the premeditated first degree murder of Connie Branum and the burning of personal property. Each Petitioner received a life sentence for the murder conviction and a consecutive two-year sentence for the burning of personal property conviction. Their convictions and sentences were upheld on appeal. State v. Gary Wayne Sutton and James Anderson [sic] Dellinger, No. 03C01-9403-CR-0090, 1995 WL 406953 (Tenn. Crim. App., at Knoxville, July 11, 1995). Petitioners filed separate petitions for post-conviction relief. After a combined evidentiary hearing conducted on two separate days, the trial court denied post-conviction relief to Petitioners. By order of this Court, Petitioners’ appeals of the dismissal of their petitions for post-conviction relief were consolidated for purposes of appeal. On appeal, Petitioners argue that their respective trial and appellate counsel rendered ineffective assistance of counsel because they (1) inadequately investigated the case against them in Sevier County; (2) failed to adequately investigate the death of Tommy Griffin in Blount County; (3) failed to appeal the trial court’s denial of Petitioners’ motion for a change of venue; and (4) failed to challenge on appeal the search warrant issued against Petitioner Dellinger’s residence. Both Petitioners argue that they were denied their constitutional right to a fair trial because (1) the State failed to disclose exculpatory evidence as required by Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963); (2) the jury was improperly exposed to extraneous information during deliberations; and (3) the sequestered jury was separated from the attendance and control of the court officer at a function held during Petitioners’ trial. In a separate issue, Petitioner Dellinger argues that his trial counsel rendered ineffective assistance of counsel because he failed to advise him of his right to testify at trial. After a thorough review of the record, we affirm the judgments of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/suttong061906.pdf


TODAY'S NEWS

Legal News
Legislative News

Legal News
Examining the impact of Bankruptcy Abuse Prevention Act
The changes ushered in by the Consumer Protection Act of 2005 have produced a good bit of controversy among attorneys and business advocates. In April, the act passed the one-year-old mark. The Business Journal queried Bob Goodrich, a Nashville bankruptcy attorney with law firm Stites & Harbison, about the legislation and its effects.
Read the interview here.
Chattanooga wages lag behind those in most cities, but not for lawyers
Although a survey shows that a typical Chattanooga worker averaged 12.4 percent below the U.S. average for salaries, clergy and legal professionals were the highest of any city in Tennessee and among the top 10 percent for all U.S. cities last year. Read more in the
Chattanooga Times Free Press.
Ruling on judge under consideration
A Knox County judge said in a hearing Thursday he would consider taking action soon in the first challenge to decisions made under the authority of the county's court-shredded charter. General Sessions Court Judge Bob R. McGee agreed to rule on the validity of the appointment of fellow General Sessions Court Judge Jimmy Kyle Davis. McGee said he doesn't have the authority to remove another jurist but would consider whether he and other judges should take over Davis' caseload. Read more in the
Knoxville News Sentinel.
Judicial Selection Committee to meet in July
The Judicial Selection Commission will meet on July 26 in Knoxville, to begin the process of filling the vacancy on the Court of Criminal Appeals in the eastern grand division. This is to fill the vacancy being created by the appointment of Judge Gary Wade to the Supreme Court. Read the details at the web site of the
Administrative Office of the Courts.
One year later: Landmark ruling against online music file-sharing
Nearly a year after the Supreme Court struck a landmark ruling against online music file-sharing services, the chief executive officer of the Recording Industry Association of America says unauthorized song swapping has been "contained." Read the full story in
The Daily News Journal.
Pera to chair ABA committee
Lucian T. Pera, a partner with the Memphis office of Adams and Reese, was appointed as chairman of the American Bar Association (ABA) Standing Committee on Technology and Information Systems, having served three years as a member of the committee. This committee is responsible for the oversight of all internal technology and member-association interaction through technology, including the ABA’s web site. It is one of about 60 ABA standing committees and commissions. Read more at
LawFuel.com
Jury duty now one of the cushiest gigs in town
Nashville's new Justice A.A. Birch Building opens for business today, and the first jury pool will be called June 26. Read one columnists account of what improvements a juror can expect.
The Tennessean
Program unites Girl Scout daughters, inmate dads
The convicts stand in a circle, three fingers pointed skyward, nine faces set in stone, their deep, male voices raised in slow recitation:  "On my honor, I will try, to serve God and my country,  to help people at all times, and to live by the Girl Scout Law." At their sides stand their daughters, their small fingers also raised in the Girl Scout salute. This is the regular monthly meeting of Troop 884 — not in a school, not in a church, but at the Allen Correctional Institution, a medium-security prison rising from the rolling farmlands of northwestern Ohio. Read about it in the
Chattanooga Times Free Press
Butler Snow growing in Memphis
Butler, Snow, O'Mara, Stevens & Cannada is expanding in Memphis, recently agreeing to lease the entire fifth floor -- 38,700 square feet -- and eventually half of the fourth floor of the Crescent Center. The firm expects to grow from 37 to 57 attorneys by 2007, the Memphis Business Journal reports.
Read the story
Legislative News
Bill may let hurt vets hire a lawyer
Hiring an attorney to help get money the government owes you is nothing new. But a veteran can't hire an attorney to get his Veterans Affairs disability claim approved. It's illegal. Some legislators in Congress are trying to get the 150-year-old law repealed, which would let U.S. service members hire lawyers outside the VA network. The "Choice of Representation" bill will be reviewed again next week.
The Leaf-Chronicle has the story.

 
 
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