Governor's budget includes $105 million for judicial branch

Gov. Bredesen proposed budget contains about $105 million for the judicial branch, including $1,052,000 in recurring money for a mandated judicial salary increase; $100,000 in additional funding for office rental; and more funding to offset an increase in mileage, postage and per diem expenses.

In the capital budget, the Administrative Office of the Courts would receive one-time funding of up to $2 million to make grants for security enhancements at local courthouses and up to $600,000 to make audio/video upgrades for local courts. The budget also proposes one-time expenditures to establish an accrued liability account for the indigent representation fund, at $3 million, and $1 million for the guardian ad litem program. The governor's proposal does not include money that had been requested for judicial conferences, the 22nd district judgeship or the Court of the Judiciary. Funding for these items may be sought through the appropriation process.
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TSC


This is a corrected opinion.

Court: TWCA


Gene Hallworth, Hallworth & Associates, Columbia, Tennessee, for the Appellant, Scottie R. Brown.

Terry L. Hill, Manier & Herod, P.C., Nashville, Tennessee, for the Appellee, International Comfort Products Corporation (USA), et al.

Paul G. Summers, Attorney General and Reporter, Juan G. Villasenor, Assistant Attorney General, Nashville, Tennessee, for the Appellee, Second Injury Fund.


This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court found that the employee was entitled to a permanent partial disability award of eighty-five percent (85%) to the left lower extremity. The employee contends that the trial court erred by (1) finding that the employee was not permanently and totally disabled, and (2) commenting upon the reputation of an expert witness. The parties also raise the issue of the apportionment of liability to the Second Injury Fund if the employee is found to be permanently and totally disabled. We affirm the trial court in all respects.


Court: TCA


Susan L. Frazier, Columbia, Tennessee, Pro Se.

Sharon Fewell and Matthew Graves, Memphis, Tennessee, for the appellee, Secretary of Veteran's Affairs.


This is an appeal of a detainer action by the occupant of the premises. Susan Frazier appeals the grant of summary judgment in favor of the Secretary of Veteran's Affairs, the owner of the premises. Pursuant to the order, Ms. Frazier was ordered to vacate the premises at 410 Winding Way in Columbia, Maury County, Tennessee. Finding no error, we affirm.


Court: TCA


Trudy L. Bloodsworth, Nashville, Tennessee, for the appellant, Alma D. Neiswinter.

Paul G. Summers, Attorney General and Reporter, and Warren Jasper, Assistant Attorney General, for the appellee, State of Tennessee, ex rel. Mark Murray.

Judge: KIRBY

This is a post-divorce petition for criminal contempt for failure to pay child support. The father was designated the primary residential parent for the parties' two children, and the mother was required to make child support payments. The State, on behalf of the father, filed a petition for criminal contempt against the mother for her failure to make the required child support payments. After a hearing, the trial court determined that, for a five-month period, the mother willfully and intentionally failed to make the required payments. She was sentenced to ten days in prison for each offense. The mother now appeals, arguing, inter alia, that her conviction must be reversed because the trial court failed to make an explicit finding that she had the ability to make the payments during the five-month period. We affirm, finding that the trial court made the necessary findings of fact,and that the evidence was sufficient to support its conclusion.


Court: TCCA


Larry Young and Susie Lodico, Chattanooga, Tennessee, for the appellant, Scott W. Grammer.

Robert E. Cooper, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; William H. Cox III, District Attorney General; and Mary Sullivan Moore and Rachel Winfrey, Assistant District Attorneys General, for the appellee, State of Tennessee.


A Hamilton County jury convicted the Defendant, Scott W. Grammer, of three counts of aggravated sexual battery. The trial court sentenced the Defendant to eleven years for each conviction and ordered two of the sentences be served consecutively, resulting in an effective sentence of twenty- two years. The Defendant now appeals, asserting that: (1) the trial court erred when it permitted the victim to testify to instances of sexual abuse not included in the indictment; (2) the trial court erred when it excluded, pursuant to Rule 412 of the Tennessee Rules of Evidence, evidence of an alternative source of the victim's sexual knowledge; (3) the trial court erred when it denied the Defendant's motion for discovery of the victim's medical and psychological records; (4) the Defendant's right to a speedy trial was violated; (5) the State violated Rule 16(c) of the Tennessee Rules of Criminal Procedure by failing to provide the Defendant with some photographs and a poem written by the victim; (6) the trial court erred when it permitted the State to introduce excessive photographs of the victim into evidence; and (7) the jury's verdict was improper. We affirm the judgments of the trial court.


Court: TCCA


Mark Stephens, John Halstead, and Christy Murray, Knoxville, Tennessee, for the Appellant Christopher Shane Harrell.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Randall E. Nichols, Jr., District Attorney General; Jo Helm, Assistant District Attorney General, for the Appellee, State of Tennessee


The Defendant, Christopher Shane Harrell, was convicted of first degree murder, attempted first degree murder, especially aggravated kidnapping, especially aggravated robbery, and evading arrest. The trial court sentenced the Defendant to life without parole plus twenty years of incarceration to be served consecutively. On appeal, the Defendant contends that: (1) the trial court erred when it instructed the jury; (2) the trial court erred when it refused his request to play his entire pretrial statement to the jury; (3) the evidence was insufficient to support his convictions; (4) the trial court erred when it admitted hearsay statements into evidence; and (5) the trial court erred when it overruled the Defendant's objection to the State's reference to him as a "coward" and a "murderous coward" in its closing argument. After thoroughly reviewing the record and the applicable authorities, we affirm the judgments of the trial court.


Court: TCCA


Gary F. Antrican, District Public Defender; and Kari I. Weber and Julie K. Pillow, Assistant District Public Defenders, for the Appellant, Zachary V. Henning.

Robert E. Cooper, Jr., Attorney General & Reporter; Cameron L. Hyder, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Tracey A. Brewer-Walker, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The defendant, Zachary V. Henning, was convicted at a jury trial in Lauderdale County Circuit Court of aggravated robbery, aggravated assault, and theft of property valued between $1,000 and $10.000. He was sentenced, as a Range I offender, to 10 years for aggravated robbery, three years for aggravated assault, and two years for theft of property. The trial court merged the conviction of aggravated assault with the aggravated robbery conviction and imposed the theft sentence to run concurrently with that for aggravated robbery, for an effective sentence of 10 years. On appeal, the defendant challenges the sufficiency of the convicting evidence and complains that his sentence is excessive. Upon our review of the record and the parties' briefs, we conclude that the evidence is sufficient to support the jury's guilty verdicts but that multiple convictions for aggravated robbery and theft violate double jeopardy protections. Accordingly, the defendant's conviction judgments for aggravated assault and theft are vacated, and the jury's "guilty verdict" for the theft is merged into the judgment of conviction of aggravated robbery. The defendant's aggravated robbery sentence is affirmed, and we remand solely for the correction and entry of an appropriate judgment consistent with this opinion.


Court: TCCA


Frank Lee Tate, Whiteville, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Terry Dycus, Assistant District Attorney General, for the appellee, State of Tennessee.


Following a jury trial, Defendant, Frank Lee Tate, was convicted of aggravated rape, a Class A felony, and incest, a Class C felony. The trial court sentenced Defendant as a Range III, career offender, to concurrent sentences of sixty years for his aggravated rape conviction and fifteen years for his incest conviction. In his pro se appeal, Defendant challenges the sufficiency of the convicting evidence, the trial court's evidentiary rulings, and his classification as a career offender for sentencing purposes. The State argues on appeal that the trial court erred in not sentencing Defendant to life imprisonment without the possibility of parole after finding that Defendant was a repeat violent offender. After a thorough review of the record, we affirm Defendant's convictions and his sentence for his incest conviction. We set aside the sentence for aggravated rape, and remand this matter for a new sentencing hearing on the sole issue of whether Defendant should be sentenced as a repeat violent offender or as a career offender for his aggravated rape conviction.

Delegation of Authority by the General Assembly to State Wildlife Agencies

TN Attorney General Opinions

Date: 2007-02-22

Opinion Number: 07-19


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