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.


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


Court: TCA


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

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




Court: TCA


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

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


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.



Court: TCCA


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.


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.



Court: TCCA


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


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.



Court: TCCA


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.


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.



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Read the interview here.
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Butler Snow growing in Memphis
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The Leaf-Chronicle has the story.

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