Former IRS agent, 2 attorneys and adult entertainment owner indicted in tax fraud conspiracy

Jerry C. Pendergrass, owner of various adult entertainment establishments in Nashville and elsewhere, has been indicted on two counts of conspiracy to defraud the United States, one count of income tax evasion, and eight counts of filing false tax returns. Also charged in the indictment were former Internal Revenue Service Agent James M. Hammonds, of Cleveland, Tenn., and Nashville attorneys Alan L. Saturn and Alan D. Mazer.

http://www.tba2.org/tbatoday/news/2006/indict_081806.html

TODAY'S OPINIONS
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Editor-in-Chief, TBALink

TIMOTHY L. BINGHAM v. CHICKASAW COUNCIL, BOY SCOUTS OF AMERICA, ET AL. AMERICA, ET AL.

Court: TWCA

Attorneys:

Catherine Bulle Clayton and Sara E. Barnett, Jackson, Tennessee, for the appellants, Chickasaw Council, Boys Scouts of America and Liberty Mutual Group d/b/a/ Liberty Mutual Ins. Co.

Julian T. Bolton, Memphis, Tennessee, for appellee, Timothy L. Bingham.

Judge: WALLACE

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Appellee/Plaintiff, Timothy L. Bingham ("Employee"), alleges that while on a boy scout camping trip he received a tick bite, resulting in Rocky Mountain Spotted Fever ("RMSF"). Employee was diagnosed with severe septic shock, pancreatitis, necrosis in the foot, acute renal failure, dehydration, hepatitis B, high blood pressure, high cholesterol, and HIV. The trial court found Employee's medical condition of acute pancreatitis was caused by the tick bite and that Employee was totally and permanently disabled. Appellant/Defendant, Chickasaw Council, Boy Scouts of America ("Employer"), appeals challenging the ruling of the trial court upon the grounds that medical evidence preponderates against the findings of the trial court. We find the evidence preponderates against the findings of the trial court and reverse the trial court.

http://www.tba2.org/tba_files/TSC_WCP/2006/bingham_081806.pdf


STATE OF TENNESSEE v. JACKIE GLENN ALLEN

Court: TCCA

Attorneys:

A. Jackson Dearing, III, Assistant Public Defender, Shelbyville, Tennessee, for the Appellant, Jackie Glenn Allen.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; W. Michael McCown, District Attorney General; and Ann L. Filer, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Jackie Glenn Allen, appeals the sentencing decision of the Lincoln County Circuit Court. Allen pled guilty to the crimes of rape and incest and was subsequently sentenced to concurrent sentences of ten years and six months for the rape and five years for the incest. After review of the record, we affirm the sentences as imposed.

http://www.tba2.org/tba_files/TCCA/2006/AllenJackieGlenn_081806.pdf


STATE OF TENNESSEE v. RAMIE ANDERSON AKA JAMIE ANDERSON

Court: TCCA

Attorneys:

Paul D. Cross, Monteagle, Tennessee, for the appellant, Ramie Anderson.

Paul G. Summers, Attorney General & Reporter; Brent C. Cherry, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steven Strain, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WADE

The defendant, Ramie Anderson, was convicted of aggravated burglary and theft over $1,000. See1 Tenn. Code Ann. ßß 39-14-403, -103 (2003). The trial court imposed sentences of five years and six months for the aggravated burglary and four years for the theft over $1,000. The defendant was ordered to serve six months in jail for the theft and twelve months for the aggravated burglary, a total of eighteen months. The remainder of the sentences were ordered to be served concurrently on probation. In this appeal as of right, the defendant argues that the trial court erred by refusing to suppress evidence seized from his residence and contends that the remaining evidence is insufficient to support the convictions. Because the trial court erred by its refusal to suppress, the judgments of the trial court are reversed and remanded for a new trial.

http://www.tba2.org/tba_files/TCCA/2006/AndersonRamie_081806.pdf


STATE OF TENNESSEE v. JAMES PHILLIP CHAPPELL

Court: TCCA

Attorneys:

Timothy V. Potter and Lindsay C. Barrett, attorneys for the appellant, James Phillip Chappell.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Dan Alsobrooks, District Attorney General; and W. Ray Crouch, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The defendant was indicted by the Dickson County Grand Jury with two alternative theories for driving under the influence ("DUI"). Before trial, the trial court determined that the results of a breath alcohol test were not admissible under State v. Sensing, 833 S.W.2d 412 (Tenn. 1992), but would be admissible with the proper foundation of expert testimony under Rules 702 and 703 of the Rules of Evidence. Midway through the trial, the defendant pled guilty to DUI reserving a certified question of law concerning the trial courtís pre-trial ruling. The defendant pled guilty under Tennessee Code Annotated section 55-10-401(a)(2), which requires for a conviction that the defendant have a blood alcohol content of at least .08%. The trial court sentenced him to eleven months and twenty-nine days, suspended after the service of forty-eight hours. The defendant was also assessed a fine of $350. We affirm and remand the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/chappellj_081806.pdf


MICHAEL W. COOPER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Nathan Moore, Nashville, Tennessee, for the appellant, Michael W. Cooper.

Paul G. Summers, Attorney General and Reporter; Leslie Price, Assistant Attorney General; Victor S. (Torry) Johnson III, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Petitioner, Michael W. Cooper, appeals the dismissal of his petition for post-conviction relief. In his appeal, Petitioner argues that his trial counsel rendered ineffective assistance of counsel in connection with the negotiation and entry of Petitioner's plea of guilty to the charges of aggravated burglary and aggravated assault. As a result of trial counselís ineffective assistance, Petitioner contends that his plea of guilty was not voluntarily and knowingly entered into. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel's representation was deficient, that he was prejudiced by his trial counsel's performance, or that as a result of counselís conduct, Petitioner's plea of guilty was not voluntarily or knowingly made. We accordingly affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/CooperMichaelW_081806.pdf


STATE OF TENNESSEE v. ANDREW L. COLLINS and TERRANCE D. GRIZZARD

Court: TCCA

Attorneys:

James P. McNamara (on appeal) and Matthew Robnett (at trial), Assistant Public Defenders, for the appellant, Andrew L. Collins. Charles E. Walker, Nashville, Tennessee, for the appellant, Terrance D. Grizzard.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Sarah Davis and Deborah Housel, Assistant District Attorneys General, for the appellee, the State of Tennessee.

Judge: WADE

The defendants, Andrew L. Collins and Terrance D. Grizzard, were each convicted of one count of aggravated assault. In addition, the defendant Collins pled guilty to one count of domestic assault and the defendant Grizzard was convicted of one count of reckless endangerment. Collins received an effective sentence of six years and Grizzard received an effective sentence of eight years. In this appeal, the defendant Collins asserts (1) that the evidence was insufficient to support his conviction for aggravated assault and (2) that the trial court erred by providing a jury instruction on criminal responsibility. The defendant Grizzard asserts (1) that the evidence was insufficient to support his convictions and (2) that his sentence is illegal. Because the evidence was insufficient to support the defendant Collins's conviction for aggravated assault, that conviction must be reversed and dismissed. Further, because the record establishes that there are clerical errors on the judgment forms relating to the defendant Grizzard, the cause must be remanded to the trial court for entry of corrected judgments. Otherwise, the judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2006/GrizzardT_081806.pdf


GREGORY PAUL LANCE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Samuel J. Harris, Cookeville, Tennessee, for the appellant, Gregory Paul Lance.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; William Edward Gibson, District Attorney General; and David A. Patterson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Gregory Lance, appeals the denial of his petition for post-conviction relief from his convictions for first degree murder, especially aggravated burglary, and arson, arguing that the post-conviction court erred in finding that he failed to prove ineffective assistance of appellate counsel. On appeal, he essentially argues that appellate counsel, who raised ineffective assistance of trial counsel as an issue on direct appeal, was ineffective in the following ways: (1) by failing to argue that the extended trial hours violated the petitionerís right to effective counsel and due process of law; (2) by failing to argue that trial counsel was ineffective for not objecting to the State's improper closing argument; and (3) by failing to adequately argue for the admissibility of a hearsay statement that would have suggested that a third party, Sam Horn, was the true culprit in the crimes. Following our review, we affirm the denial of the petition.

http://www.tba2.org/tba_files/TCCA/2006/LanceGregory_081806.pdf


STATE OF TENNESSEE v. XAVIER KENTA LEWIS

Court: TCCA

Attorneys:

Roger E. Nell, District Public Defender (on appeal), and Russel A. Church, Assistant Public Defender (at trial), for the appellant, Xavier Kenta Lewis.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Lance A. Baker and Helen Young, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Xavier Kenta Lewis, was convicted by a Montgomery County jury of possession of over .5 grams of cocaine with the intent to deliver, possession of marijuana, and possession of drug paraphernalia and was sentenced by the trial court as a Range I, standard offender to an effective sentence of eight years, with sixty days in confinement and the balance of the time on community corrections. In a timely appeal to this court, he raises three issues: (1) whether the affidavit in support of the search warrant for his girlfriendís residence was sufficient to establish probable cause for the search; (2) whether the search exceeded the scope of the warrant; and (3) whether the evidence was sufficient to sustain his conviction for possession of cocaine with the intent to deliver. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/LewisXavier_081806.pdf


STATE OF TENNESSEE v. CLIFFORD RAY THORNTON

Court: TCCA

Attorneys:

Hershell D. Koger, Pulaski, Tennessee, for the appellant, Clifford Ray Thornton.

Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; W. Michael McCown, District Attorney General; and Melissa Thomas, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Clifford Ray Thornton, pled guilty to burglary, a Class D felony, in exchange for a three-year sentence as a Range I, standard offender, with the manner of service to be determined by the trial court. The trial court denied the defendantís request for alternative sentencing, and he appeals. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/ThorntonClifford_081806.pdf


STATE OF TENNESSEE v. WILLIAM HENRY VAUGHAN, IV

Court: TCCA

Attorneys:

Hershell D. Koger, Pulaski, Tennessee, for the appellant, William Henry Vaughan, IV.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; T. Michel Bottoms, District Attorney General; Patrick A. Butler, Assistant District Attorney General; and Robert Sanders, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Defendant's first trial resulted in his conviction of the offenses of premeditated first degree murder and aggravated arson which were committed in Giles County. On appeal, this Court reversed Defendant's convictions and remanded for a new trial because Defendant was deprived of his constitutional right to testify and because the trial court erred in admitting certain information into evidence. State v. Vaughan, 144 S.W.3d 391 (Tenn. Crim. App. 2003). Venue for Defendantís new trial was changed to Maury County. At the conclusion of the second trial, the jury again found Defendant guilty of premeditated first degree murder and aggravated arson. Defendant was sentenced to life with the possibility of parole for his murder conviction. Following a sentencing hearing, the trial court sentenced Defendant to twenty years for his aggravated arson conviction and ordered this sentence to be served consecutively to his life sentence. On appeal, Defendant argues that (1) the trial court erred in admitting certain items and testimony into evidence; (2) the evidence was insufficient to support Defendant's convictions; and (3) the trial court erred in imposing consecutive sentencing. After a thorough review of the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/Vaughan_081806.pdf


TODAY'S NEWS

Legal News
BPR Actions
TBA Member Services
TennBarU CLE Programs

Legal News
Judge rules warrantless wiretapping unconstitutional
In a scathing rebuke, a federal judge ruled Thursday that the Bush administration's warrantless eavesdropping program is unconstitutional and should be shut down. Legal scholars, however, say that the administration has a good chance of reversing the decision on appeal.
Read the Commercial Appeal story
Read the full opinion from U.S. District Judge Anna Diggs Taylor
Read a profile in the Detroit News of Judge Taylor
Tobacco firms deceived public, judge says
U.S. District Judge Gladys Kessler ruled Thursday that the nation's top cigarette makers violated racketeering laws, deceiving the public for years about the health hazards of smoking, but said she couldn't order them to pay the billions of dollars the government had sought.
Read more about the ruling in the Commercial Appeal
Protect grass roots funding
Press reports on extravagant spending shouldn't overshadow the good works being done by local legal aid offices, the Chattanooga Times Free Press says in an editorial.
Read the full editorial
Ethics Commission reviewing candidates
The Tennessee Ethics Commission Thursday began interviewing the four finalists seeking to lead the group. The four include: Bruce Androphy of the New York State Ethics Commission; Carol Carson of the Massachusetts State Ethics Commission; William Walter Hunt III of the state Board of Professional Responsibility; and Bruce Rasmussen, who teaches ethics.
Read more in the Tennessean
Desegregation milestone to be recognized in Clinton
Fifty years after its high school became the first state-supported high school in the South forced to desegregate, Clinton will premiere a 90-minute documentary titled "The Clinton 12" narrated by James Earl Jones. Two days later, civil rights pioneer U.S. Rep. John Lewis, D-Ga., and U.S. Rep. Zach Wamp, will mark the anniversary by opening a museum devoted to the event.
Read more about it in the Oak Ridger
Program offers guide for regaining voting rights
The American Civil Liberties Union of Tennessee will hold the fourth in its statewide series of "Get Your Right to Vote Back" town hall meetings in Chattanooga on Monday at the Chattanooga-Hamilton County Library from 6:30-8:30 p.m. Co-sponsored by the Tennessee Bar Association, the event will explain the new Tennessee law that creates a uniform system for restoring voting rights for former felons and provides an opportunity to register to vote.
Read about it at Chattanoogan.com
BPR Actions
Jackson attorney censured
Jackson attorney Charles A. Spitzer has been publicly censured by the Board of Professional Responsibility for representing a client in a divorce action and having a sexual relationship with the client.
Read the BPR release.
TBA Member Services
TBA members see big savings in Office Depot plan
Office Depot is offering significant savings off of list prices to TBA members. All firms -- large and small -- that participate in the program are eligible for member discounts. On average, each participating member is saving more than $441 per year -- an average of 27% per month. Remember, even if you are already an Office Depot customer, you need to sign up for the program to take advantage of this member-only savings program!
Sign up online today
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Summit designed to serve general practice attorneys
Take your practice to new heights with the essential knowledge, skills and trends you'll learn during the TBA's General Practice Summit, coming Aug. 24-26 in Nashville. Earn 15 hours CLE credit in fast-paced, 1-hour sessions on topics that are important to lawyers in general practice.
Find out more or register now

 
 
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