Bredesen names Thomas to Court of Criminal Appeals

Governor Phil Bredesen today appointed Dea Kelly Thomas Jr. to serve on Tennessee's Court of Criminal Appeals, Eastern Division. Thomas, who now serves as a Circuit Court Judge for the state's Fifth Judicial District, fills a vacancy created when his predecessor, Justice Gary Wade, was appointed to the state's Supreme Court.

http://www.tsc.state.tn.us/geninfo/PRESSREL/2006/064pr.htm#thomas

TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

ANDRE L. MAYFIELD v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Andre Lamont Mayfield, Mountain City, Tennessee, pro se.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Randall E. Nichols, District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Andre L. Mayfield, appeals the trial court's order denying his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's judgment pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/mayfielda_111506.pdf


STATE OF TENNESSEE v. CHARLES A. WALKER

Court: TCCA

Attorneys:

Richard Tennent, Nashville, Tennessee (on appeal) and Robert Martin, Clarksville, Tennessee (at trial), for the appellant, Charles A. Walker.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Arthur F. Bieber, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Charles A. Walker, was convicted by a Montgomery County jury of two counts of rape of a child, a Class A felony, and one count of aggravated sexual battery, a Class B felony, based on acts he committed against his stepdaughter, who was less than thirteen years old when the offenses occurred. He was sentenced by the trial court to twenty years for each of the rape convictions and to eight years for the aggravated sexual battery conviction, with the rape sentences to be served concurrently to each other and the aggravated sexual battery sentence to be served consecutively to the rape sentences, for an effective sentence of twenty-eight years at 100% in the Department of Correction. The defendant raises the following issues on appeal: (1) whether the evidence was sufficient to sustain his convictions; (2) whether the State sufficiently proved the date of two of the offenses as set out in the bill of particulars and the verdict forms submitted to the jury; (3) whether the trial court committed reversible error by not issuing unanimity and election of offenses jury instructions; and (4) whether the totality of alleged evidentiary ruling errors warrants a new trial. Following our review, we affirm the rape convictions but reverse and remand for a new trial on the aggravated sexual battery offense. Additionally, we remand for entry of corrected judgments on the rape convictions to reflect that the defendant was sentenced to twenty years, rather than twenty-two, in each count.

http://www.tba2.org/tba_files/TCCA/2006/walkerc_111506.pdf


Reapportionment of South Carroll Special School District

TN Attorney General Opinions

Date: 2006-11-13

Opinion Number: 06-168

http://www.tba2.org/tba_files/AG/2006/ag_06-168.pdf

Employees' Entitlement to Unused Vacation Pay upon Termination of Employment Pursuant to Tenn. Code Ann. Section 50-2-103(a)(3)

TN Attorney General Opinions

Date: 2006-11-13

Opinion Number: 06-169

http://www.tba2.org/tba_files/AG/2006/ag_06-169.pdf

TODAY'S NEWS

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Appeals court ruling may lead to obstruction trial
A Sixth Circuit Court opinion today may put disputed evidence back on the table in a federal case against Sundquist-era contractor Albert Ganier III, the Nashville Post reports. Ganier was charged in 2004 with four counts of obstruction of justice. Read the Nashville Post account (subscription required for access).
Read the full opinion
2007 mock trial case available
The 2007 high school mock trial case is now available on the TBA Web site. State of Tennessee v. Casey Nefflen is a criminal case in which the defendant, a former assistant district attorney, is charged with murdering a defense attorney who prevailed over Nefflen at trial. Read the details, view a map of mock trial districts and find out who the district coordinators are at
www.tba.org/mocktrial
Federal judge criticizes crack penalties
U.S. District Judge Reggie Walton testified before the U.S. Sentencing Commission that federal laws imposing tougher sentences for crack cocaine than for powder cocaine were "unconscionable" and contributed to the perception within minority communities that courts are unfair.
The Commercial Appeal reports on the issue
Suit accuses police department of false arrest
A new federal lawsuit has emerged against the Germantown Police Department from a man claiming he was falsely arrested for domestic violence. The suit alleges that his estranged wife and two police officers colluded to have him arrested. The charges come on the heels of a sexual harassment and discrimination lawsuit filed by a former police detective.
The Commercial Appeal has more
AG wins temporary order against self-proclaimed doctor
Circuit Court Judge Barbara Haynes today granted the state's request to temporarily enjoin Oludare Samuel Olomoshua from claiming to offer cures for cancer, HIV/AIDS and all "terrible diseases." Consumers who have sought treatment from Olomoshua may contact the Department of Health's Division of Consumer Affairs at (800) 342-8385 or (615) 741-4737.

Coopertown mayor reinstated
Robertson County Chancellor Laurence McMillan Jr. today rejected an ouster petition filed against Coopertown Mayor Danny Crosby, saying Crosby's conduct was egregious but not bad enough to remove him from office. Crosby had been accused of threatening and harassing town residents, especially Hispanics and soldiers.
Read more in the Robertson County Times
Prosecutor retraces Ray investigation
James Beasley, the meticulous former prosecutor of James Earl Ray, is 80 now but still remembers details of the King murder. The last surviving prosecutor from the case, he shuns the limelight and rarely speaks publicly. Today, however, he appeared before the criminal law section of the Memphis Bar Association.
Read about his reflections in the Commercial Appeal
Upcoming
Program to explore U.S. Constitution
A series of seminars on the U.S. Constitution will continue this weekend in Cookeville. Retired Cookeville lawyer John Poteet presented the first of a three-part series last Sunday at Algood Methodist Church. The second program will be held Nov. 19 and will cover the drafting and ratification of the Constitution. The third installment will feature a discussion on freedom of religion, speech and the press.
Get more information in the Herald-Citizen
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Upgrade your telecommunications
Save on telecommunications costs and upgrade your existing system with the TBA member benefits program from American Communications Services. ACS works with BellSouth and a variety of providers to bring you savings on telecom.
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