Hot topics program packed with latest information

If you represent buyers, sellers or financial institutions in real estate transactions, plan now to attend the 2006 Hot Topics in Real Estate program coming up Nov. 10 in Nashville. This full-day program, sponsored jointly by the TBA's TennBarU and the Tennessee Land Title Association, offers four general and two dual CLE hours. Register or find out more now.

https://www.tba.org/onsiteinfo/realestate_2006.html

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

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court: TSC

http://www.tba2.org/tba_files/TSC/2006/certlist_101606.pdf


METROPOLITAN DEVELOPMENT AND HOUSING AGENCY v. JAMES K. EATON, ET AL.

Court: TCA

Attorneys:

James W. Fisher, Jr., Goodlettesville, Tennessee; Michael J. Passino, Nashville, Tennessee, for the appellants, James K. Eaton and Toni C. Eaton.

G. Brian Jackson and David L. Johnson, Nashville, Tennessee, for the appellee, Metropolitan Development and Housing Agency.

Judge: CAIN

Landowners appeal the trial court's denial of their Motion to Alter or Amend filed under Tennessee Rule of Civil Procedure 59.04. The Motion was filed after a jury awarded $504,000 as damages for the condemnation of their property. The condemnation action was brought in the context of executing the "Phillips-Jackson Redevelopment Plan" drafted by the Metropolitan Development and Housing Agency (MDHA) and approved by the Metro Council. Landowners argue that the trial court abused its discretion by denying the Motion and erred in entering the original possession order. They also argue that various steps taken by MDHA resulting in an amended trial court order operated to void the taking and that the proceedings were an invalid exercise of MDHA's eminent domain powers. We affirm the trial court.

http://www.tba2.org/tba_files/TCA/2006/mdha_101606.pdf


CLYDE LEE BLACKMON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Vicki M. Carriker, Memphis, Tennessee, for the appellant, Clyde Lee Blackmon.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Theresa Smith McCusker, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, Clyde Lee Blackmon, appeals as of right the Shelby County Criminal Court’s denying his petition for post-conviction relief from his 2004 conviction of second degree murder, a Class A felony, for which he is serving a twenty-five-year sentence as a Range I, violent offender. The petitioner claims he received the ineffective assistance of counsel, which rendered his guilty plea involuntary. We conclude no error exists, and we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/blackmonc_101606.pdf


STATE OF TENNESSEE v. MARCELL CARTER

Court: TCCA

Attorneys:

Gregory D. Gookin, Assistant Public Defender, Jackson, Tennessee, for the appellant, Marcell Carter.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General;Jerry Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The appellant, Marcell Carter, pled guilty to a violation of the bad check law, Tennessee Code Annotated section 39-14-121. The trial court sentenced the appellant to four years to be served on Community Corrections. Subsequently, a warrant was filed against the appellant alleging a failure to abide by several conditions of his Community Corrections sentence. After a series of hearings, the trial court removed the appellant from Community Corrections and re-sentenced him to four years in the Tennessee Department of Correction. On appeal, the appellant argues that the trial court abused its discretion. Because we determine that the trial court properly revoked the appellant's Community Corrections sentence and resentenced the appellant, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/carterm_101606.pdf


STATE OF TENNESSEE v. BRETT RYAN DUBOSE

Court: TCCA

Attorneys:

Paul Whetstone, Morristown, Tennessee, for the appellant, Brett Ryan Dubose.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and Victor J. Vaughn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Brett Ryan Dubose, was convicted of DUI, assault, and resisting arrest and sentenced to an effective sentence of eleven months, twenty-nine days to be served at 10%. In addition, his driver's license was suspended for one year and he was fined a total of $2000. On appeal, he argues that the trial court erred: (1) in denying his motion to dismiss the indictment; (2) in denying his motion to suppress and finding that the arresting officer had probable cause to stop the defendant; (3) in denying his motion for a mistrial based upon a word used in the prosecutor's opening statement; (4) by not instructing the jury on the defenses of involuntary intoxication, entrapment, and self-defense; (5) in denying his motion to redact portions of the videotape entered into evidence; and (6) in denying his request to cross-examine the arresting officer about his prior estimony. Additionally, he argues: (7) the evidence was insufficient to support his convictions; and (8) the cumulative effect of the errors denied his rights to due process and a fair trial. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/duboseb_101606.pdf


STATE OF TENNESSEE v. DAISY MARIE GIBBS STATE OF TENNESSEE v. DAISY MARIE GIBBS

Court: TCCA

Attorneys:

Michael A. Walcher, Assistant Public Defender, Greeneville, Tennessee, for the appellant, Daisy Marie Gibbs.

Paul G. Summers, Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Amber DePriest and Cecil C. Mills, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Daisy Marie Gibbs, was convicted by a Greene County jury of burglary of an automobile, a Class E felony. As a result, she was sentenced to one year in the county jail. On appeal, the defendant argues that (1) the verdict was against the weight of the evidence, and (2) there was insufficient corroboration of her co-defendant’s incriminating testimony. Following our review of the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/gibbsd_101606.pdf


JOHNIE JEFFERSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Britton J. Allan, Memphis, Tennessee, for the appellant, Johnie Jefferson.

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; Scot A. Bearup, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, Johnie Jefferson, appeals as of right from the order of the Shelby County Criminal Court denying his petition for post-conviction relief from his first degree murder conviction, for which he is serving a life sentence. The petitioner claims he received the ineffective assistance of trial counsel because his attorney failed to investigate two witnesses properly and failed to consult with him prior to trial. We conclude no error exists, and we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/jeffersonj_101606.pdf


STATE OF TENNESSEE v. CHRISTOPHER KYLE STATE OF TENNESSEE v. CHRISTOPHER KYLE

Court: TCCA

Attorneys:

Phyllis Aluko, Assistant Public Defender, Memphis, Tennessee, for the appellant, Christopher Kyle.

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Diane Thackery and David Bell and, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: SMITH

The appellant, Christopher Kyle, also known as "Snap," was convicted by a jury of second degree murder and theft of property. As a result, the trial court sentenced the appellant to twenty-three years as a violent offender for second degree murder and eleven months and twenty-nine days for theft of property. The sentences were ordered to run concurrently. On appeal, the appellant argues that the evidence was insufficient to support his conviction for second degree murder, that the trial court erred in instructing the jury on the theory of criminal responsibility and that his sentence is excessive. For the following reasons, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/kylec_101606.pdf


STATE OF TENNESSEE v. MICHAEL DEWAYNE MANN

Court: TCCA

Attorneys:

Jim W. Horner, District Public Defender and Patrick McGill, Assistant District Public Defender, for the appellant, Michael Dewayne Mann.

Paul G. Summers, Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; and Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The appellant, Michael Dewayne Mann, was convicted of second offense driving under the influence (DUI) and violation of the implied consent law. As a result, the appellant was sentenced to eleven months and twenty-nine days in the county jail, to be served on unsupervised probation after incarceration of ninety days. After the denial of a motion for new trial, this appeal ensued. The appellant challenges the sufficiency of the evidence on appeal. Because the evidence was sufficient to sustain the appellant's conviction for second offense driving under the influence and the appellant does not challenge his conviction for violation of the implied consent law, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/mannm_101606.pdf


STATE OF TENNESSEE v. CANDICE ALENE PEERY

Court: TCCA

Attorneys:

William A. Kennedy, Assistant Public Defender, Blountville, Tennessee, for the appellant, Candace Alene Peery.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Teresa Murray Smith, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

Pursuant to a plea agreement, the defendant, Candice Alene Peery, pled guilty to aggravated burglary and theft of property over $1,000. In return, she received an effective eight-year sentence as a Range II multiple offender with the manner of service of her sentence to be determined by the trial court. The court ordered the defendant to serve her sentence in confinement and she appealed, arguing that the court erred in denying an alternative sentence. Finding no error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/peeryd_101606.pdf


TODAY'S NEWS

Legal News
Election 2006
Upcoming
Online CLE

Legal News
Prosecutor took on corruption in Ohio
Interim U.S. attorney Craig S. Morford brings a record of fighting corruption to his new posting in Nashville. Learn more about Morford, his efforts to clean up government in Youngstown and other Ohio cities, and his plans for taking on gangs in Middle Tennessee in a City Paper interview.
Read the full story
Tennessee Waltz figure gets 5 years
Former state Sen. Roscoe Dixon is sentenced to five years and three months in federal prison for his role in the Tennessee Waltz bribery scandal.
Read more in the Knoxville News Sentinel
Did top brass know about Wilson County beatings?
Nine Wilson County Jail workers were either convicted or pleaded guilty in an investigation of inmate beatings. Now some people, including one former jail guard, a county commissioner and several former inmates say higher ups at the jail also knew about the beatings.
Read more in the Tennessean
Charity controversy still alive
While an Oct. 23 trial concerning the operations of the Maddox Foundation has been delayed, controversy continues over its move to Mississippi and the actions of its executive director, Robin Costa.
Read more in the Jackson (Miss.) Clarion Ledger
DCS attorneys training for national certification
Attorneys at the Tennessee Department of Children's Services (DCS) will begin training to become nationally certified as Juvenile Law specialists next week at a statewide training session at Paris Landing State Park. Tennessee's Supreme Court approved Juvenile Law (Child Welfare) as an area of legal specialization in December 2005 making Tennessee the first state, post-pilot program, to offer the certification, which is overseen by the Tennessee Commission on Continuing Legal Education & Specialization.

350+ lobbyists sign up
The state's new ethics commission has signed up 373 lobbyists representing more than 300 companies since the beginning of October, WATE-TV in Knoxville reports. The commission was formed as part of a legislative package passed in the wake of a bribery scandal that led to federal charges against 11 people, including five current or former state lawmakers.

Knox judge honored by ABA
Retired Knox County General Sessions Court Judge Brenda Waggoner recently was honored by the American Bar Association for career accomplishments. She was presented the Franklin N. Flaschner Award, which recognizes judges who have developed an excellent reputation for character, commitment to high ideals, leadership and judicial competence.

Civil rights lawyer gets 2+ years
Firebrand civil rights lawyer Lynne Stewart, who has defended Black Panthers and anti-war radicals, was sentenced Monday to nearly 30 months in prison for helping an imprisoned terrorist sheik communicate with his followers on the outside.
Read about it in TriCities.com
Election 2006
Alexander, others jockeying for leadership posts
With Senate Majority Leader Bill Frist retiring at the end of this session, several of the state's lawmakers are jockeying for new positions of influence. Chief among them is Sen. Lamar Alexander, who has been quietly meeting with his Republican colleagues in hopes they will select him to be the GOP whip, the No. 2 leadership position in the Senate, the Knoxville News Sentinel reports.
Read the full story
Upcoming
Birch to speak on judicial selection
Retired Tennessee Supreme Court Justice Adolpho Birch Jr. will present a lecture at noon on Oct. 26 in the Old Supreme Court Chamber, Tennessee Capitol building. Presented by the Institute of Government at Tennessee State University and the Tennessee chapter of the American Society for Public Administration, Birch will speak about Tennessee's selection process for Supreme Court justices and attorneys general. For more information call (615) 963-7241 or email arizzo@tnstate.edu.

Online CLE
Disaster Recovery: Your Ethical Duty
Tornados, fires and hurricanes happen. This TennBarU® online course will help you prepare for and respond to a disaster with the purpose of improving your chance to successfully recover from it.
Register now or find out more

 
 
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