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Bob Cooper sworn in with help from father,
former Chief Justice Robert E. Cooper
Robert E. Cooper Jr. was sworn in Wednesday as Tennessee's 26th attorney general. The oath of office was administered by Tennessee Supreme Court Chief Justice William M. Barker as Cooper's father, former Chief Justice Robert E. Cooper, held the Bible. The new attorney general's father served on the Supreme Court from 1974 until his retirement in 1990. Read more and see pictures on TBALink:
http://www.tba2.org/tbatoday/news/2006/cooper_103006.html
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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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00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
03 - TN Court of Appeals
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00 - TN Attorney General Opinions
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00 - Formal Ethics Opinions - BPR
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This option will allow you to download the original version of the opinion.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
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STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. A.C., ET AL.
Court: TCA
Attorneys:
James F. Taylor, Rogersville, Tennessee, for the Appellant, A.C.
Michael E. Moore, Acting Attorney General and Reporter, and Elizabeth C. Driver, Assistant Attorney General, Nashville, Tennessee, for the Appellee, State of Tennessee, Department of Children's Services.
Judge: SWINEY
The State of Tennessee, Department of Children’s Services (“DCS”) filed a petition to terminate the parental rights of A.C. (“Mother”) to her three children, L.A.L.R., K.M.C., and R.S.C. Following a trial, the Juvenile Court determined that there was clear and convincing evidence that grounds existed to terminate Mother’s parental rights pursuant to Tenn. Code Ann. §§ 36-1-113(g)(1), (g)(2), and (g)(3). The Juvenile Court also determined that there was clear and convincing evidence that termination of Mother’s parental rights was in the children’s best interests. Mother appeals, claiming DCS failed to prove by clear and convincing evidence that grounds existed to terminate her parental rights. Mother also claims DCS failed to prove by clear and convincing evidence that termination of her parental rights would be in the best interests of the children. We affirm the Juvenile Court’s judgment.
http://www.tba2.org/tba_files/TCA/2006/ac_110206.pdf
SILVER VIDEO USA, INC., ET AL. v. PAUL G. SUMMERS, ET AL.
Court: TCA
Attorneys:
John E. Herbison, Nashville, Tennessee, for the appellants Silver Video USA, Inc., et al
Steven A. Hart, special counsel for the appellees, Paul G. Summers, Attorney General and Reporter, et al
Judge: COTTRELL
Plaintiffs challenge the trial court’s determination that the Tennessee Adult Oriented Establishment Act is constitutional under Article 1, Section 19 of the Tennessee Constitution. We affirm.
http://www.tba2.org/tba_files/TCA/2006/silvervideo_110206.pdf
IN RE: THE ESTATE OF JAMES CLIFFORD SMITH
Court: TCA
Attorneys:
Timothy L. Takacs, David L. McGuffey, Hendersonville, Tennessee, for the appellant, James G. Smith, Executor
Paul G. Summers, Attorney General, Sue A. Sheldon, Senior Counsel, for the appellee, State of Tennessee, Bureau of TennCare
Judge: COTTRELL
Estate appeals probate court’s determination that subject estate was liable to Bureau of Tennessee for Medicaid nursing home benefits correctly provided to a pre-deceased spouse. We reverse.
http://www.tba2.org/tba_files/TCA/2006/smithj_110206.pdf
WILLIAM C. KOCH, JR., P.J., M.S., concurring.
http://www.tba2.org/tba_files/TCA/2006/smithj_concur_110206.pdf
STATE OF TENNESSEE v. ARMANDO RAMIREZ MARTINEZ
Court: TCCA
Attorneys:
Emma Rae Tennent, Assistant Public Defender, Nashville, Tennessee (on appeal). Dawn Deaner, Nashville, Tennessee (at trial) for the appellant, Armando Ramirez Martinez
Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Angelita Dalton, Assistant District Attorney General, for the appellee, State of Tennessee
Judge: WELLES
The Defendant, Armando Ramirez Martinez, appeals from the sentencing decision of the Davidson County Criminal Court. The Defendant was indicted for attempted first degree murder. He subsequently pled guilty to aggravated assault. Pursuant to the terms of the plea agreement, he received a six-year and one-month sentence, and the trial court was to determine the manner of service. Following a sentencing hearing, the trial court ordered that the Defendant’s six-year and one-month sentence be served in the Department of Correction. On appeal, the Defendant argues that the trial court erred in denying an alternative sentence. Finding no error, we affirm the sentencing decision of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/martineza_110206.pdf
STATE OF TENNESSEE v. MICHELLE SHOEMAKER
Court: TCCA
Attorneys:
Edwin G. Sadler, Cookeville, Tennessee (at trial); and Samuel J. Harris, Memphis, Tennessee (at trial and on appeal), for the appellant, Michelle Shoemaker
Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Howard Lee Chambers, Assistant District Attorney General, for the appellee, State of Tennessee
Judge: TIPTON
The defendant, Michelle Shoemaker, was convicted by a Jackson County Criminal Court jury of first degree murder, conspiracy to commit first degree murder, a Class A felony, solicitation of first degree murder, a Class B felony, and tampering with evidence, a Class C felony. She was sentenced as a Range I, violent offender to life in prison for her first degree murder conviction. She was sentenced as a Range I, standard offender to twenty years for conspiracy to commit first degree murder and to three years for tampering with evidence. The court ordered the sentences to be served concurrently, and it merged her solicitation conviction with the murder conviction. On appeal, the defendant claims that the trial court prevented her from presenting a defense by excluding evidence that a witness had been told that there was a “contract” on the defendant’s life. We hold that the trial court did not err in excluding the evidence, and we affirm the judgments.
http://www.tba2.org/tba_files/TCCA/2006/shoemakerm_110206.PDF
STATE OF TENNESSEE v. EDD STEPP
Court: TCCA
Attorneys:
Edward C. Miller, Public Defender, Dandridge, Tennessee, for the Appellant, Edd Stepp
Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Tracy Stone, Assistant District Attorney General, for the Appellee, State of Tennessee
Judge: HAYES
The Appellant, Edd Stepp, appeals from the sentencing decision of the Cocke County Circuit Court. In 2005, the trial court accepted Stepp’s pleas of guilty to nine counts of aggravated sexual battery. After a sentencing hearing, the trial court sentenced Stepp, as a violent offender, to the maximum sentence of twelve years for each of the Class B felony convictions. The court further ordered four of the sentences to be served consecutively, resulting in an effective sentence of forty-eight years in confinement. In this appeal as of right, Stepp argues that the trial court imposed excessive sentences for each conviction and erred by imposing consecutive sentences. Upon de novo review of the record, we find error with regard to: (1) the application of enhancing factors; (2) the non-application of a mitigating factor; and (3) the imposition of consecutive sentences. Accordingly, Stepp’s sentences are modified to reflect sentences of eight years for each count of aggravated sexual battery, with two of the nine counts to be served consecutively for an effective sentence of sixteen-years confinement in the penitentiary. We remand the case to the trial court for entry of amended judgments to reflect these sentencing modifications.
http://www.tba2.org/tba_files/TCCA/2006/steppe_110206.pdf
STATE OF TENNESSEE v. JONATHAN E. WILLIAMS
Court: TCCA
Attorneys:
Julie A. Rice, (on appeal) Knoxville, Tennessee, and (at trial) Mr. Gerald Russell, Maryville, Tennessee and Stacey Nordquist, Assistant District Public Defender, for the appellant, Johnathan E. Williams
Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Tammy M. Harrington, Assistant District Attorney General, for the appellee, State of Tennessee
Judge: MCLIN
Pursuant to a plea agreement, the defendant, Jonathan E. Williams, pled guilty to theft over $60,000, a Class B felony and agreed to an eight-year sentence with the manner of service to be determined by the circuit court. After a sentencing hearing, the court ordered the defendant to serve his sentence in confinement. On appeal, the defendant challenges the court’s denial of alternative sentencing. Following our review of the parties’ briefs and applicable law, we reverse and remand for entry of a modified sentence.
http://www.tba2.org/tba_files/TCCA/2006/williamsj_110206.pdf
STATE OF TENNESSEE v. DONALD EDWARD LYNCH, IN RE: X-CELL BONDING COMPANY
Court: TCCA
Attorneys:
Joel H. Moseley, Sr. and Joel H. Moseley, Jr., Nashville, Tennessee, and George T. East, Kingsport, Tennessee, for the appellant, X-Cell Bonding Company
Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; and H. Greeley Wells, Jr., District Attorney General, for the appellee, State of Tennessee
Judge: WILLIAMS
The appellant, X-Cell Bonding Company, appeals the order of final forfeiture declared upon the minutes of the Sullivan County Circuit Court. Because the record fails to contain a Rule 58 final judgment, the appeal is dismissed.
http://www.tba2.org/tba_files/TCCA/2006/x-cell_110206.pdf
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| TODAY'S NEWS |
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Legal News
TBA Member Services
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| Legal News |
| A 2nd Juvenile Court judge for Memphis? |
| For nearly 40 years, Shelby County has had only one Juvenile Court judge but now a county commissioner proposes creation of a second division, adding a judge to work alongside newly elected judge Curtis Person. Commissioner Deidre Malone said she was prompted in part by complaints from families and attorneys of a backlog of 44,000 child support cases, some of which have a six-month waiting period. |
The Commercial Appeal has more
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| Murder charges against 'Zoo Man' dismissed |
| Four murder charges against Thomas "Zoo Man" Huskey, Knox County's first and only accused serial killer, were dismissed today, the News Sentinel reports. The state Court of Criminal Appeals ordered the dismissal of the cases after finding fatal flaws in the way detectives secured evidence in the 1992 murders and Huskey's confession. |
Follow the story in the News Sentinel
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| Ex-judges: Detainee law unconstitutional |
| Seven retired federal judges from both political parties have joined dozens of Guantanamo Bay detainees in urging an appeals court to declare key parts of President Bush's new anti-terrorism law unconstitutional, the Associated Press reports. The judges, in a rare court filing Wednesday, said stripping courts of the right to question how the military handles terrorism suspects "challenges the integrity of our judicial system" and effectively sanctions the use of torture. |
Read it at TriCities.com
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| Clients and colleagues best part of job for Ragland |
| In an interview with Memphis Law Talk, lawyer Steve Ragland gives his views on his job, living in Memphis and the best memory from law school ("the last day of final exams."). |
Read more in the Memphis Daily News
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| See how being a member of the TBA could help you save 8 percent on car insurance.
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