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Monday, January 22, 2007

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Court strikes down California sentencing law,
says that with changes Tennessee law is constitutional

The U.S. Supreme Court struck down California's sentencing law today -- reaffirming limits on judges' discretion -- and also commented favorably on changes the Tennessee legislature made to its then-identical sentencing laws in 2005. According to Nashville lawyer David Raybin, who wrote about those changes in a July 2005 Tennessee Bar Journal article, it was a "surprise" that the court commented on Tennessee's efforts. "Other States have chosen to permit judges genuinely 'to exercise broad discretion ... within a statutory range,' which, 'everyone agrees,' encounters no Sixth Amendment shoal," the court said in commenting on Tennessee law. The Boston Herald has this story. Read the full opinion at

http://www.supremecourtus.gov/opinions/06pdf/05-6551.pdf

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.

02 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
14 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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

STATE OF TENNESSEE v. KELLY MICHAEL PICKETT and STATE OF TENNESSEE v. GREGORY T. HARWOOD

Court: TSC

Attorneys:

Mark C. Scruggs, Nashville, Tennessee, for the appellant, Kelly Michael Pickett

Jodie A. Bell and Wendy S. Tucker, Nashville, Tennessee, for the appellant, Gregory T. Harwood

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Bernard McEvoy and Brian K. Holmgren, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WADE

We granted the appeal in each of these cases to determine the constitutionality of Tennessee Code Annotated section 39-17-1003 (2003), which prohibits the possession of child pornography. Initially, the statute is neither unconstitutionally vague nor overbroad. Secondly, we hold that because the charges against Pickett were multiplicitous, only one conviction is permissible under the circumstances of that case. In consequence, the judgment of the Court of Criminal Appeals in each case is affirmed.

http://www.tba2.org/tba_files/TSC/2007/pickett-harwood_012207.pdf

PATTI ZAKOUR v. UT MEDICAL GROUP, INC., & SCOTT CRAIG, M.D.

Court: TSC

Attorneys:

Daniel A. Seward, Memphis, Tennessee, for the appellants, Jacob Shores, Eric Nelson, Leif Nelson, and Misty Nelson

John H. Dotson, Memphis, Tennessee, for the appellees, UT Medical Group, Inc., and Scott Craig, M.D.

Judge: LEE

The issue we review in this case is whether the Defendants exercised peremptory challenges during jury selection based on race and/or gender in a discriminatory manner contrary to the United States Supreme Court�s holding in Batson v. Kentucky. The Defendants used six of their seven peremptory challenges to strike women from the jury panel, including the only African-Americans who were seated in the jury box. In response to the Plaintiff�s race-based Batson challenge, the Defendants responded that one of the African-American women was dismissed because she had difficulty remembering the verdict in a previous civil jury case in which she had served as a juror and because she had a family history of cancer. As to the Plaintiff�s gender-based Batson objection, the Defendants responded that the women were excused based on �experience and body mechanics.� The trial court overruled the Plaintiff�s objections and the trial proceeded. Following a defense verdict, the Plaintiff appealed, and the Court of Appeals affirmed the judgment. After careful review of the record and applicable authorities, we hold that the Defendants� stated reasons for exercising peremptory challenges to strike the African-Americans and women from the jury panel were insufficient to satisfy the requirements of Batson v. Kentucky. Because the trial court erred in overruling the Plaintiff�s Batson objections, we reverse and remand this case to the trial court for a new trial.

http://www.tba2.org/tba_files/TSC/2007/zakourp_012207.pdf

IN RE MIKAYLA GRACE CLARK
SAMUEL KENT CLARK v. LEAH JOY CERDEN

Court: TCA

Attorneys:

Sam J. Watridge, Humboldt, Tennessee, for the appellant, Leah Joy Cerden

Harold F. Johnson, Jackson, Tennessee, for the appellee, Samuel Kent Clark

Judge: KIRBY

This is a child custody dispute. The biological parents of the child involved in this action met in Georgia, where the child was born in December 2002. The parties lived together with the child, but never married. Initially, the parties moved several times with the child, following job opportunities for the father. When the child was about nine months old, the parties moved to Jackson, Tennessee. Not long after that, the mother and the child returned to Georgia to live with the mother�s parents in Georgia, in order for the mother to seek professional help for depression. About nine months later, after an altercation between the mother and the child�s maternal grandmother, the mother told the father that she could not care for the child and asked him to assume custody. Accordingly, the father took the child to live with him in Jackson. About two months later, the father filed the instant petition for legitimation of the child and to seek custody. The mother opposed the father�s petition and filed a counter-petition for custody. After a hearing, the trial court determined that the father was comparatively more fit than the mother and designated him as the primary residential parent. The mother now appeals. We affirm, finding that the evidence does not preponderate against the trial court�s determination.

http://www.tba2.org/tba_files/TCA/2007/clarkd_012207.pdf

BARBARA J. ANDERSON, ET AL. v. WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC., ET AL.

Court: TCA

Attorneys:

Paul D. Polidoro, Patterson, New York; Robb S. Harvey, Eileen Burkhalter Smith, Nashville, Tennessee, for the appellants, Watchtower Bible and Tract Society of New York, Inc., et al

Jerre M. Hood, Winchester, Tennessee; J. Edward Bell, III, Georgetown, South Carolina, for the appellees Barbara J. Anderson, et al

Judge: COTTRELL

Two former members of the Congregation of Jehovah�s Witnesses filed suit against the church and its leaders for damages associated with their expulsion from the organization. The defendants filed a Tenn. R. Civ. P. 12.02(1) motion to dismiss their complaint on the ground that civil courts do not exercise jurisdiction over internal church matters. The trial court denied the motion. On interlocutory appeal, we hold that the trial court should have dismissed all of the plaintiffs� claims because they are barred by the First Amendment�s protection of purely religious matters from interference by secular courts.

http://www.tba2.org/tba_files/TCA/2007/watchtower_012207.pdf

STATE OF TENNESSEE v. REGINALD E. BOST

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Reginald E. Bost

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; and Randall E. Nichols, District Attorney General, for the appellee, State of Tennessee

Judge: WELLES

The Defendant, Reginald E. Bost, appeals the decision of the Knox County Criminal Court revoking his alternative sentence. In July 2004, the Defendant pled guilty to possession with intent to sell .5 grams or more of cocaine and received an eight-year sentence. This sentence was suspended, and he was placed in the Community Alternative to Prison Program. On April 13, 2005, a warrant was issued, wherein it was alleged that the Defendant violated the conditions of the program. The warrant was later amended to include additional violations. After a hearing, the trial court concluded that the Defendant violated the conditions of his sentence and ordered that his original eight-year sentence to the Department of Correction be reinstated. On appeal, the Defendant argues that the evidence does not support full revocation of his alternative sentence. After a review of the record, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2007/bostr_012207.pdf

STATE OF TENNESSEE v. CHRISTOPHER CHRISTIE

Court: TCCA

Attorneys:

Fred Ramos, Nashville, Tennessee, for the Appellant, Christopher Christie

Robert E. Cooper, Jr., Attorney General and Reporter; David E. Coenen, Assistant Attorney General; Mike Bottoms, District Attorney General; for the Appellee, State of Tennessee

Judge: HAYES

The Appellant, Christopher Christie, presents for review a certified question of law from the Maury County Circuit Court. See Tenn. R. Crim. P. 37(b)(2)(i). Christie pled guilty to simple possession of marijuana and received an eleven-month and twenty-nine day sentence, which was suspended. On appeal, Christie asserts that his initial misdemeanor arrest was void because it violated the �cite and release� provisions of Tennessee Code Annotated 40-7-118. Accordingly, he argues that the dispositive question is whether his prosecution is barred by the statute of limitations because his indictment, which followed numerous continuances in the general sessions court, was returned outside the twelve-month limitations period for misdemeanor offenses. The State argues that because Christie failed to properly reserve his certified question, this court is without jurisdiction to hear the appeal. Following review, we agree that the certified question was neither properly certified nor reserved. Accordingly, this appeal is dismissed.

http://www.tba2.org/tba_files/TCCA/2007/christiec_012207

EDWARD DUELLEY v. HOWARD CARLTON, WARDEN and STATE OF TENNESSEE

Court: TCCA

Attorneys:

Edward Duelley, Pro Se

Robert E. Cooper, Jr., Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; and Joe Crumley, District Attorney General, for the appellee, State of Tennessee

Judge: WELLES

In October of 1987, the Petitioner, Edward Duelley, was convicted of armed robbery and assault with the intent to commit robbery. The Petitioner received an effective sentence of thirty-eight years in the Department of Correction. On January 6, 2006, the Petitioner filed a pro se petition for writ of habeas corpus, which the trial court summarily dismissed. On appeal, the Petitioner contends that the trial court erred in dismissing his petition. We affirm the trial court�s summary dismissal of the petition.

http://www.tba2.org/tba_files/TCCA/2007/duelleye_012207.pdf

STATE OF TENNESSEE v. GREGORY DUNNORM

Court: TCCA

Attorneys:

Brian J. Hunt, Clinton, Tennessee, for the appellant, Gregory Dunnorm

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; James N. Ramsey, District Attorney General; and Jan Hicks, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: WELLES

The Defendant, Gregory Dunnorm, was indicted by an Anderson County grand jury for one count of third offense of driving with a suspended license and one count of failure to appear. Following a jury trial, the Defendant was convicted of second offense of driving with a suspended license, a Class A misdemeanor, and failure to appear, a Class E felony. The Defendant filed a timely motion for a new trial, which the trial court denied. The Defendant now appeals, arguing that the evidence was insufficient to support his conviction for failure to appear beyond a reasonable doubt.1 We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/dunnormg_012207.pdf

MILBURN L. EDWARDS v. CHERRY LINDAMOOD, WARDEN

Court: TCCA

Attorneys:

Milburn L. Edwards, Clifton, Tennessee, Pro Se

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General, for the appellee, State of Tennessee

Judge: THOMAS

Petitioner, Milburn L. Edwards, was convicted by a Davidson County jury of twenty-one counts of rape, two counts of first degree burglary, two counts of aggravated burglary, one count of second degree burglary, one count of aggravated rape, one count of assault with intent to commit rape and one count of robbery. He received an effective sentence of life plus 415 years, which was later modified to life plus 195 years on appeal. State v. Edwards, 868 S.W.2d 682 (Tenn. Crim. App. 1993). A petition for post-conviction relief was denied by the trial court and the denial was affirmed on appeal. Milburn L. Edwards v. State, No. M2002-02124-CCA-R3-PC, 2003 WL 23014683 (Tenn. Crim. App. at Nashville, Dec. 15, 2003). On March 13, 2006, the petitioner filed a pro se petition for writ of habeas corpus challenging his convictions for the failure of the district attorney general to endorse the indictments. The trial court dismissed his petition without the appointment of counsel or an evidentiary hearing. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/edwardsm_012207.pdf

STATE OF TENNESSEE v. SCOTT DOUGLAS GRIFFIN

Court: TCCA

Attorneys:

David Brady, District Public Defender; John B. Nisbet, III, Assistant District Public Defender, for the appellant, Scott Douglas Griffin

Robert E. Cooper, Jr., Attorney General and Reporter; David E. Coenen, Assistant Attorney General; William Gibson, District Attorney General; Beth Willis and William Locke, Assistant District Attorneys General, for the appellee, State of Tennessee

Judge: THOMAS

Appellant, Scott Douglas Griffin, pled guilty in the White County Criminal Court to attempt to manufacture a schedule II controlled substance, a Class D felony. The trial court sentenced him to three years as a Range I standard offender, suspended to be served on supervised probation. On March 5, 2003, the trial court found the appellant to be in violation of his probation. The trial court required the appellant to serve thirty-eight days in jail and extended his probationary period to two years from the original expiration date. Subsequently, the appellant was again found to be in violation of his probation whereupon the trial court revoked the appellant�s probation and ordered him to serve his sentence in confinement. The appellant appealed this action, alleging that the trial court abused its discretion by revoking his probation. Following our review, we affirm the judgment of the trial court but remand the case for a correction of the judgment to reflect credit for any time served as a result of the initial revocation and the appellant�s arrest for the present revocation.

http://www.tba2.org/tba_files/TCCA/2007/griffins_012207.pdf

STATE OF TENNESSEE v. DONALD WAYNE JOINER

Court: TCCA

Attorneys:

Gene Scott, Jr., Johnson City, Tennessee, for the appellant, Donald Wayne Joiner

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Greeley Wells, District Attorney General; and B. Todd Martin, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: WELLES

http://www.tba2.org/tba_files/TCCA/2007/joinerd_012207.pdf

STATE OF TENNESSEE v. LACOREY DAMONT MCKISSACK

Court: TCCA

Attorneys:

John H. Henderson, District Public Defender, for the Appellant, LaCorey Damont McKissack

Robert E. Cooper, Jr., Attorney General & Reporter; Brian Clay Johnson, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Christina L. Ferrell, Assistant District Attorney General, for the Appellee, State of Tennessee

Judge: WITT

A Williamson County Criminal Court jury convicted the defendant, LaCorey Damont McKissack, of selling 0.5 grams or more of cocaine, a Class B felony, and fixed his fine at $20,000. The trial court approved the fine and sentenced the defendant to 11 years in the Department of Correction as a Range I, standard offender. On appeal, the defendant contends that the fine and sentence are excessive. We disagree and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/mckissack_012207.pdf

STATE OF TENNESSEE v. CLEMENTINE MYERS

Court: TCCA

Attorneys:

Robert S. Peters, Winchester, Tennessee, for the appellant, Clementine Myers

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; William Edward Gibson, District Attorney General; Dale Potter and Larry Bryant, Assistant District Attorneys General, for the appellee, State of Tennessee

Judge: WILLIAMS

Both the State of Tennessee and the defendant, Clementine Myers, appeal decisions made by the trial court. The defendant contends that the trial court erred in sentencing the defendant as it relates to the length and manner of service. The State of Tennessee contends the trial court erred in barring the defendant�s retrial on the charge of conspiracy to commit first degree murder. After careful review, we affirm the sentence imposed and reverse the trial court�s order barring the retrial of this defendant on the charge of conspiracy to commit first degree murder.

http://www.tba2.org/tba_files/TCCA/2007/myers_012207.pdf

STATE OF TENNESSEE v. JIMMY DANIEL PRATER

Court: TCCA

Attorneys:

R. H. Stovall, Jr., Assistant Public Defender, Columbia, Tennessee, for the appellant, Jimmy Daniel Prater

Paul G. Summers, Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Mike Bottoms, District Attorney General; and J. Douglas Dicus, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: SMITH

A Wayne County Jury convicted the defendant of four hunting related offenses. The trial court sentenced the defendant to an effective sentence of seventy days, to serve forty-two days in incarceration with the remainder suspended. The defendant argues on appeal that he should have been granted probation with regard to his entire sentence. After a review of the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/praterj_012207.pdf

TORRENCE LADOVIA REED v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Lindsay C. Barrett, Dickson, Tennessee, for the appellant, Torrence Ladovia Reed

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; T. Michel Bottoms, District Attorney General; and Patrick S. Butler, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: WILLIAMS

The petitioner, Torrence Ladovia Reed, pled guilty in the Circuit Court for Giles County to four counts of sale of cocaine (Class B felony), two counts of delivery of cocaine (Class B felony), one count of conspiracy to deliver cocaine (Class C felony), six counts of conspiracy to sell cocaine (Class C felony), and one count of sale of marijuana (Class E felony). He received a total effective sentence of twenty-eight years. He filed a petition for post-conviction relief and alleged that his pleas were involuntary because his counsel was ineffective in failing to properly explain to him the difference between consecutive and concurrent sentences. After careful review, we find no grounds for which to grant relief, and we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2007/reedt_012207.pdf

DERRICK SAWYERS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

M. Wallace Coleman, Jr., Lawrenceburg, Tennessee, for the Appellant, Derrick Sawyers

Robert E. Cooper, Jr., Attorney General & Reporter; and Brent C. Cherry, Assistant Attorney General, for the Appellee, State of Tennessee

Judge: WITT

The Wayne County Circuit Court dismissed Derrick Sawyers� petition for a writ of habeas corpus because the petitioner was not restrained of his liberty by reason of the challenged Davidson County convictions. The petitioner�s plea agreement called for a combination of consecutive and concurrent sentencing for three unrelated offenses, the last two of which were committed while the petitioner was on bond. Upon our review of the record and the applicable law, we vacate the circuit court�s order and remand.

http://www.tba2.org/tba_files/TCCA/2007/sawyersd_012207.pdf

STATE OF TENNESSEE v. JERMEIL RALPH TARTER

Court: TCCA

Attorneys:

Larry R. Dillow, Kingsport, Tennessee, for the appellee, Jermeil Ralph Tarter

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; and H. Greeley Wells, Jr., District Attorney General, for the appellant, State of Tennessee

Judge: WELLES

The Defendant, Jermeil Ralph Tarter, was indicted by a Sullivan County grand jury for evading arrest, a Class A misdemeanor. Following a jury trial, the Defendant was convicted of the indicted offense. In this direct appeal, the Defendant alleges that (1) the evidence was insufficient to support his conviction beyond a reasonable doubt and (2) the trial court erred in requiring the Defendant to serve this sentence consecutively to his prior sentences. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/tarterj_012207.pdf

JAMES D. WEST v. KENNETH W. LOCKE, WARDEN

Court: TCCA

Attorneys:

James D. West, Whiteville, Tennessee, Pro Se

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; Lisa Angela Naylor, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: THOMAS

Petitioner, James D. West, entered guilty pleas in the Madison County Criminal Court to driving after having been declared a habitual motor vehicle offender, two counts of aggravated assault and two counts of reckless endangerment. He received an effective sentence of four years. On October 4, 2005, the petitioner filed a pro se petition for writ of habeas corpus in the Davidson County Criminal Court alleging that his sentence had expired. On January 5, 2006, the trial court dismissed the petition without an evidentiary hearing or the appointment of counsel. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/westj_012207.pdf

TODAY'S NEWS

Legal News
Politics

Legal News

Undocumented worker's parents can get benefits

The Mexican parents of an undocumented immigrant construction worker who was killed while working in Nashville more than four years ago, are entitled to workers' compensation death benefits, the Tennessee Supreme Court ruled Thursday. The decision could have broad implications for Tennessee firms that hire undocumented workers. The unanimous opinion, written by Justice Cornelia Clark, cites Tennessee law that gives foreign dependents access to the Tennessee justice system for death benefits under workers' compensation. The decision did not sit well with those advocating a tougher line on immigration. "I think social benefits like that are in place for regular workers," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policies."This is simply going to open a flood gate."

The Tennessean has more

Read the Supreme Court's decision

Suspended district attorney fights for law license

William E. "Bill" Gibson, the suspended district attorney general for the 13th Judicial District, will appear in a Nashville courtroom Feb. 21 and 22 to request a temporary suspension of his law license be lifted, the Sparta Expostor reports. Gibson was handed the punishment by Tennessee Board of Professional of Responsibility in September after convicted murderer Chris Adams shared letters with his attorney that Gibson had written to Adams while Adams was in prison.

Read the story

Court annual report: Indigent defense spending up

More than $18.3 million was spent from the state's indigent defense fund last year. The year before the figure was much lower -- about $17.4 million, according to the annual report released by the Administrative Office of Courts. The report says the budget for courts and related services was 0.38 percent of the total state budget. The report details judicial salary increases, new funds for indigent civil representation (signed into law in May 2006), usage of the court's web site and federal grants for a custody and visitation study.

Download the AOC annual report

Maddox Foundation lawsuit set for Nashville trial

The Davidson County Probate Court has set Aug. 13 to hear the case of the state of Tennessee and the Maddox Foundation v. the Maddox Foundation Corp. and Robin G. Costa. Despite a number of additional lawsuits filed in numerous other jurisdictions, along with many contradictory decisions handed down by some of those different courts, a trial in the court of original jurisdiction could help settle a family and legal dispute that has lingered since the death of the Maddox Foundation's founders, Dan and Margaret Maddox, almost a decade ago. Or it could not. Legal experts say the case is so complex that predicting how any decision out of any court could affect any of the impending proceedings is almost impossible.

The City Paper has more

Commission rejects voter input to fill spots

In its first regular meeting since the historic Tennessee Supreme Court ruling upholding term limits, the Knox County Commission voted 17-2 against holding a non-binding referendum that would let citizens tell commissioners who they want to replace term-limited officeholders. Commissioners also voted 14-5 to reject a proposal requiring that term-limited officeholders be replaced via a special election.

The News Sentinel has more

Ray H. Jenkins could turn heads in a courtroom

Columnist Don Ferguson memorializes a colorful Knoxville trial lawyer, Ray Howard Jenkins.

Read it

Lawyer discusses 'crack tax' law on TV

Knoxville defense lawyer Gregory P. Isaacs appeared Sunday on Fox News to discuss Tennessee's so-called "crack tax" on illegal drugs. The statute, which allows state tax officials to seize money and property before the accused has been convicted of any crime, was ruled unconstitutional last year by a Davidson County judge.