AOC's Camp resigns, Sykes named acting director

Randy Camp, administrative director of the state court system, announced today that he is leaving the post because personal matters require his time and attention in West Tennessee. Camp began the position less than a year ago in November 2005. AOC Deputy Director Elizabeth (Libby) Sykes has been named acting director. Read the AOC news release for more information.

http://www.tba2.org/tbatoday/news/2006/rcamp-resignation.pdf

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

KIMBERLY KAY ALLEN, ET AL. v. JOHN DAY, ET AL. AND GANNETT SATELLITE INFORMATION NETWORK, INC., d/b/a THE TENNESSEAN, ET AL. v. POWERS MANAGEMENT, LLC

PATRICIA J. COTTRELL, J., concurring


Court: TCA

Attorneys:

L. Webb Campbell, II, Phillip F. Cramer, Winston N. Harless, Lisa R. Cole and Deborah Smith, Nashville, Tennessee, for the appellant, Powers Management, LLC.

Alfred H. Knight and Alan D. Johnson, Nashville, Tennessee, for the appellees, Gannett Satellite Information Network, Inc., d/b/a The Tennessean and Sheila Burke.

Judge: WILLIAM B. CAIN

A privately-held limited liability company appeals the decision of the trial court which found that the company was the functional equivalent of a government agency in its management of a publically-owned facility thus making its documents subject to the Public Records Act. The judgment of the trial court is affirmed in part, reversed in part and remanded

http://www.tba2.org/tba_files/TCA/2006/allenk081406.pdf

PATRICIA J. COTTRELL, J., concurring
http://www.tba2.org/tba_files/TCA/2006/allenkCON081406.pdf


STATE OF TENNESSEE v. CHARLES HALL

Court: TCCA

Attorneys:

Robert Wilson Jones (Of Counsel), Shelby County Chief Public Defender; Tony N. Brayton (on appeal) and Timothy Albers and William Robilio (at trial), Assistant Public Defenders, Memphis, Tennessee, for the appellant, Charles Hall.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stacy McEndree, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: J.C. MCLIN

The defendant, Charles Hall, was convicted by a Shelby County jury of two counts of aggravated robbery. For these offenses, the defendant was sentenced as a repeat violent offender to consecutive sentences of life imprisonment without the possibility of parole. On appeal, he argues that: (1) the trial court erred in consolidating the indictments for trial; (2) the trial court erred in sentencing him under the Repeat Violent Offender Act; (3) the evidence was insufficient to support his convictions; and (4) the trial court erred in ordering consecutive sentencing. Following our review of the record and the partiesí briefs, we reverse the judgments of the trial court and remand for two separate trials.

http://www.tba2.org/tba_files/TCCA/2006/hallc081406.pdf


STATE OF TENNESSEE v. YVONNE B. RAGLAND

Court: TCCA

Attorneys:

Mark E. Stephens, District Public Defender, and Christy Murray, Assistant Public Defender, for the appellant, Yvonne B. Ragland.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JOSEPH M. TIPTON

The defendant, Yvonne B. Ragland, was convicted on her guilty plea to Class D felony theft in the Knox County Criminal Court. The trial court denied her bid for judicial diversion and sentenced her to three years on probation. She appeals the denial of judicial diversion and the length of sentence imposed. Because the trial court erred in denying judicial diversion, we reverse and remand the case with instructions for the trial court to enter an order placing the defendant on judicial diversion with appropriate conditions.

http://www.tba2.org/tba_files/TCCA/2006/raglandy081406.pdf


AARON LEE SKEEN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Kevin W. Shepherd, Maryville, Tennessee, for the appellant, Aaron Lee Skeen.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Tammy Harrington, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: THOMAS T. WOODALL

Pursuant to a negotiated plea agreement, Petitioner, Aaron Lee Skeen, pled guilty and was convicted of one count of first degree murder, one count of especially aggravated kidnapping, three counts of aggravated rape, four counts of aggravated burglary, and three counts of forgery. The sentences for each conviction were ordered to be served consecutively for an effective sentence of life without parole plus 124 years. He filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel. Following an evidentiary hearing, the trial court denied the petition. On appeal, Petitioner argues that he is entitled to post-conviction relief because trial counsel (1) failed to adequately investigate whether Petitioner was suffering from mental incompetency/diminished capacity at the time he committed the crime, and (2) failed to file a motion to suppress Petitionerís statement to authorities. After a thorough review of the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/skeena081406.pdf


STATE OF TENNESSEE v. PATTY D. LAYLAND SMITH

Court: TCCA

Attorneys:

Stephen M. Wallace, District Public Defender; and Joseph F. Harrison, Assistant Public Defender, Blountville, Tennessee, (on appeal); and Gene G. Scott, Jr., Johnson City, Tennessee, (at trial), for the appellant, Patty D. Layland Smith.

Paul G. Summers, Attorney General and Reporter; Leslie Price, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Todd Martin, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: THOMAS T. WOODALL

Defendant, Patty D. Layland Smith, pled guilty to two counts of failure to appear, each offense being a Class E felony. Defendant was sentenced as a career offender and ordered to serve six years for each offense, to be served concurrently, with a sixty (60) percent release eligibility date. Following a sentencing hearing, the trial court denied probation and any other form of alternative sentencing. Defendant appeals, arguing that the trial court erred in finding that she was not eligible for probation or alternative sentencing. After a full review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/smithp081406.pdf


TODAY'S NEWS

Legal News
Election 2006
TBA Member Services

Legal News
Ramsaur named state's top association exec
TBA Executive Director Allan F. Ramsaur was named Tennessee Association Executive of the Year today by the the Tennessee Society of Association Executives. The group recognized Ramsaur for his innovative work in developing new programs and building the TBA into the state's largest professional association. A University of Tennessee College of Law graduate, Ramsaur has led the TBA since 1998 and before that served as executive director of the Nashville Bar Association and the Tennessee Association of Legal Services.
See a picture of the award ceremony.
March trial presses on through weekend
Over the weekend, jurors in the Perry March murder trial saw the videotaped testimony of the only person who admits to having direct knowledge of Janet Levine March's demise: March's father, Arthur March. The elder March is one of more than 40 witnesses the state has called in the trial. William Massey, March's attorney, has said he plans on calling no more than six defense witnesses, meaning that closing arguments could begin Tuesday or Wednesday.
Follow the story in The City Paper.
GOP wants justice choice free of racial quota
Top Republican leaders are hoping Gov. Phil Bredesen picks the most qualified candidate as the next Supreme Court justice and doesn't use "the color of their skin" as a deciding factor. Last month, Bredesen rejected two white nominees for the Supreme Court after the only minority, Davidson County Chancellor Richard Dinkins, who is black, dropped out. It was the first time in state history that a governor had rejected a judicial panel. Read the story in
The City Paper.
Nearly 50 years of practicing law for Arvin Reingold
For nearly 50 years, Arvin Reingold has been a Chattanooga lawyer -- and a comic and good-natured sidewalk- and hallway needler even longer than that. A one-time legislator, at age 76 he hasn't slowed down his law practice and he also sits as the judge in East Ridge.
Read about him at the Chattanoogan.com.
Sealed divorce cases rare, experts say
The divorce cases of two Chattanooga-area elected officials have been sealed, though local legal experts say divorce cases are rarely locked away from public view. The divorce of recently elected Hamilton County General Sessions Court Judge Christie Mahn Sell from her husband, Tom Sell, was placed under seal, as was former state Sen. Jeff Miller's divorce case from his wife, Brigitte, in Bradley County. Why?
Read more from the Chattanooga Times Free Press.
Knox County playing waiting game
Now that the dust has settled, it's wait-and-see time on term limits in Knox County. "What we are looking for is guidance from the (state) Supreme Court," said county Law Director Mike Moyers. The law director's office has come up with 25 different variations of actions the court could take -- ranging from completely upholding the charter to completely tossing it out. Also, the timing is critical if the county needs to add a term limits question to the November ballot.
The Knoxville News Sentinel has the story.
Sheriff reassigns space at Justice Center
Sheriff James L. Berrong has reassigned the district public defender's office space at Maryville's Justice Center to the district attorney general, leading county commissioners to question whether he has the authority to do so.
Follow the story in The Daily Times.
Election 2006
Sells may challenge election results
The position as criminal court judge division II in the 13th Judicial District, as well as a salary of $140,000, is at stake for incumbent Lillie Ann Sells as she prepares to make a decision whether or not she will challenge the results of the Aug. 3, 2006, general election. David Patterson, chief assistant district attorney general for the 13th Judicial District, was declared the winner of the race with a narrow margin of only nine votes. As of press time, the totals were 20,106 for Patterson and 20,097 for Sells.
The Expositer has the story.
Brandon combines roles in his judgeship
Part lawyer and part teacher is how Larry Brandon describes his new job as the first judge of Rutherford County's general sessions court part III. "I've been a lawyer here now 25 years, a teacher for 20 years. This job allows me to combine two jobs into one." Brandon is the first African-American in Rutherford County history to be elected to a judgeship in a county-wide race. Read the story in
The Daily News Journal.
Race no issue for Barnes
Keta J. Barnes made history when voters selected her to be Smyrna's town judge last week. On Aug. 3, she became the town's first black elected official and one of the county's first black judges. But for Barnes, making history was the farthest thing from her mind as she ran her campaign. Read more in
The Daily News Journal.
TBA Member Services
2006-2007 TBA Access to Justice Awards
The Tennessee Bar Association is accepting nominations for the 2006-2007 Access to Justice Awards -- but tomorrow is the deadline to submit applications. The awards are presented to individuals in three categories: public service attorneys, members of the private bar and law school students who provide outstanding representation to the state's poor. The winners will be announced during the 2007 TBA Leadership Conference and will be featured in the Tennessee Bar Journal. Deadline is Aug. 15.
Submit a nomination today!

 
 
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