Transactional law CLE on tap for Friday

TennBarU and the TBA Young Lawyers Division present a six-hour transactional law primer this Friday, Dec. 8, at the Bar Center in Nashville. Designed specifically for non-litigating attorneys, the seminar will cover such issues as buying and selling a corporation, conflicts of interest, document retention and franchising. The session is open to lawyers of all practice levels. For more information, a roster of speakers and an online registration form, visit:

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


Court: TCA


Arthur F. Knight, III., Knoxville, Tennessee, for appellant.

F. Laurens Brock, David J. Ward and Dallas Scott, III., Chattanooga, Tennessee, for appellee.


This is an appeal contesting the award of discretionary costs by the Trial Court. We affirm.

Corrected Dissenting Opinion

Court: TCCA


William C. Gosnell, Memphis, Tennessee (on appeal); and Melvin J. Werner, Memphis, Tennessee (at trial), for the Appellant, Andre Dotson.

Michael E. Moore, Acting Attorney General & Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Nicole Germain, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The defendant, Andre Dotson, appeals from his 2005 Shelby County Criminal Court jury convictions on two counts of aggravated robbery and two counts of robbery. On appeal, the defendant claims that the trial court erred (1) in joining four indictments for trial, (2) in severing, on the morning of trial, the charges against a co-defendant, (3) in excluding the co-defendant's pretrial statement as evidence offered by the defendant, (4) in failing to hold that the evidence was insufficient to support three of the convictions, (5) in denying the defendant's motion to allow him to sit with his attorney at the counsel table, (6) in failing to instruct the jury as to the shortcomings of eyewitness testimony, and (7) in sentencing the defendant as a multiple offender on two convictions and as a persistent offender on two convictions. We reverse one conviction of robbery but affirm the court's judgments, as modified.



Court: TCCA


Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General, William Paul Phillips, District Attorney General; Michael O. Ripley, Assistant District Attorney General, for Appellee, State of Tennessee.

David M. Pollard, Jr., Jacksboro, Tennessee, Attorney for the Petitioner, Donald Wade Goff.


Petitioner, Donald Wade Goff, was convicted following a November 2001 jury trial on two counts of rape of a child, eleven counts of incest, nine counts of rape, seven counts of contributing to the delinquency of a minor, and one count of attempted rape. The trial court imposed an eighty-year sentence. On direct appeal, the sentence was modified to fifty-six years based upon this Court's dismissal of the nine rape counts due to lack of evidence of force or coercion. Petitioner subsequently filed a post-conviction petition on August 9, 2004. After the appointment of counsel and the filing of an amended petition, the post-conviction court conducted an evidentiary hearing. Following the hearing, the post-conviction court dismissed the petition. Petitioner filed this appeal claiming the post-conviction court erred in denying his post-conviction petition. Upon our review, we affirm the post-conviction court.


Court: TCCA


Paul Whetstone, Morristown, Tennessee, for the appellant, Milton Moreno.

Paul G. Summers, Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Douglas Godbee, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Milton Moreno, pled guilty to possession of over .5 grams of cocaine with intent to deliver, a Class B felony, and was sentenced as a Range I, standard offender to eight years in the Department of Correction. As a condition of his guilty plea, he reserved a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure: whether the stop of the defendant's vehicle and the seizure of his person, resulting from a police officer's monitoring a telephone conversation, was lawful. Following our review, we conclude that the certified question is not dispositive of the defendant's case and dismiss the appeal.

Corrected Opinion

Court: TCCA


Charles W. Gilchrist, Jr., and Lance Chism, Memphis, Tennessee, for the appellant, Tyree Robinson.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Amy Weirich and Theresa McCusker, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Tyree Robinson, was convicted by a jury in the Shelby County Criminal Court of premeditated murder, felony murder, and especially aggravated robbery. The appellant received a total effective sentence of life without the possibility of parole plus twenty years. On appeal, the appellant argues that the evidence is insufficient to support his convictions; the trial court erred in failing to instruct the jury that Brown, Morris, and Courtney Perry were accomplices as a matter of law; the trial court abused its discretion in allowing hearsay statements; and the trial court erred in responding to a jury question. Upon review of the record and the parties' briefs, we reverse the judgments of the trial court and remand for a new trial.


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