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.

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


Court: TCCA


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.


Court: TCCA


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.

Reapportionment of South Carroll Special School District

TN Attorney General Opinions

Date: 2006-11-13

Opinion Number: 06-168

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


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