Make plans now to attend the 2007 TBA convention

The TBA will celebrate 125 years of service to the Tennessee legal community at this summer's annual convention in Nashville. Don't miss it! Distinguished legal journalist and broadcaster Fred Graham will address the Bench/Bar gathering, Tennessee legal historians will delight attendees with a program on historical figures in Tennessee law and everyone will be at the Hermitage, home of President Andrew Jackson, for a gala anniversary celebration. Join us June 13-16 in Nashville. Find out more or sign up today:

http://www.tba2.org/convention2007

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.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
00 - TN Court of Appeals
12 - 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. DEVONNA BARBEE

Court: TCCA

Attorneys:

Gary F. Antrican, District Public Defender, and Kari I. Weber, Assistant Public Defender, for the appellant, Devonna Barbee.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, 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: WILLIAMS

Following a jury trial, the defendant, Devonna Barbee, was found guilty of felony reckless endangerment (Class E felony). She was sentenced as a Range I, standard offender, to a one-year community corrections sentence with sixty days to be served in jail. She appeals, contending the trial court erred by failing to grant her judicial diversion. After careful review, we conclude the trial court properly denied judicial diversion, and we affirm the judgment from the trial court.

http://www.tba2.org/tba_files/TCCA/2007/barbeed_042007.pdf


STATE OF TENNESSEE V. LARRY DANIEL

Court: TCCA

Attorneys:

Nathan Moore, Nashville, Tennessee, for the Appellant, Larry Daniel.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Finley, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Benjamin Winters, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Larry Daniel, appeals the sentence imposed after his probation was revoked due to an arrest for driving under the influence. Additionally, the Defendant asserts that the statute which prohibits credit from being given for time spent on probation is unconstitutional. After reviewing the record and applicable law, we find no error in the judgment of the trial court and affirm.

http://www.tba2.org/tba_files/TCCA/2007/daniell_042007.pdf


CHRISTOPHER A. DAVIS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Paul J. Bruno, Nashville, Tennessee, for the appellant, Christopher A. Davis, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Tom Thurman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Petitioner, Christopher A. Davis, was convicted by a Davidson County jury of attempted second degree murder for the shooting of Mr. James Frierson. The trial court sentenced the Petitioner to ten years in the Department of Correction. This Court affirmed the Petitioner's conviction on direct appeal. The Petitioner then filed a petition for post-conviction relief, which was denied. The Petitioner now asserts that the post-conviction court erred in denying his petition. Specifically, he alleges (1) that he received the ineffective assistance of counsel because his trial counsel did not file a motion to suppress evidence of a gun box; (2) that counsel was ineffective for not objecting to the mentioning of and introduction of the gun box as evidence; and (3) that his conviction was in violation of procedural due process protections because he was a juvenile when the crime was committed and was "unconstitutionally subjected to prosecution as an adult." Finding no error, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2007/davisc_042007.pdf


STATE OF TENNESSEE v. SKYLAR MONTRELL HULLOM

Court: TCCA

Attorneys:

Ross E. Alderman, District Public Defender; Jeffrey A. DeVasher, Assistant District Public Defender (on appeal); and Jennifer Booth and Virginia Flack, Assistant District Public Defenders (at trial), for the Appellant, Skylar Montrell Hullom.

Robert E. Cooper, Jr., Attorney General & Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Russell Thomas, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

A Davidson County Criminal Court jury convicted the defendant, Skylar Montrell Hullom, of aggravated assault, and the court sentenced him to four years' probation with periodic confinement. On appeal, he claims that the trial court erred in admitting photographs of the victim’s injury and bloody clothing, and he challenges the sufficiency of the convicting evidence. We hold that the trial court did not abuse its discretion in admitting the photographs, and because the record supports the jury’s verdict, we affirm the conviction.

http://www.tba2.org/tba_files/TCCA/2007/hulloms_042007.pdf


LOREN CHARLES JANOSKY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Loren Charles Janosky, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Mark A. Fulks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Petitioner, Loren Charles Janosky, appeals from the order of the trial court denying his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the trial court did not err by dismissing the petition for post-conviction relief as time-barred, we grant the State's motion and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/janoskyl_042007.pdf


SEAN EARL JONES V. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Brad W. Hornsby and Kerry Knox (on appeal), Murfreesboro, Tennessee, and Sean Williams (at hearing), Murfreesboro, Tennessee, for the Appellant, Sean Earl Jones.

Robert E. Cooper, Jr., Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; William C. Whitesell, District Attorney General; Jenning Jones, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Petitioner, Sean Earl Jones, pled guilty to two counts of possession with the intent to sell less than one-half gram of cocaine. The Petitioner petitioned for post-conviction relief claiming that his guilty plea violated the state and federal constitutional prohibitions of double jeopardy and that his trial counsel was ineffective. The State asserts the Petitioner waived his right to claim double jeopardy, and, alternatively, his claim is without merit. Additionally, the State asserts that the Petitioner's trial counsel was not ineffective. After a thorough review of the record and applicable law, we conclude the Petitioner was not denied the effective assistance of counsel, and he has waived his double jeopardy claim for post-conviction purposes. Thus, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2007/jonesse_042007.pdf


STATE OF TENNESSEE v. WILLIAM ANDREW LONG

Court: TCCA

Attorneys:

Robin W. Scott, Jacksboro, Tennessee, for the appellant, William Andrew Long.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William Paul Phillips, District Attorney General; and Scarlett Ellis, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, William Andrew Long, appeals from the sentencing decision of the Campbell County Circuit Court. In February of 2006, the Defendant pled guilty to kidnapping and robbery. Pursuant to the terms of the plea agreement, he received an effective twelve-year sentence as a Range I, standard offender, and the trial court was to determine the manner of service. Following a sentencing hearing, the trial court ordered the sentence to be served in the Department of Correction. On appeal, the Defendant argues that the trial court erred by ordering a sentence of total confinement rather than a less restrictive alternative. After review, the sentencing decision is affirmed.

http://www.tba2.org/tba_files/TCCA/2007/longw_042007.pdf


STATE OF TENNESSEE v. ALONZO LADON MASON

Court: TCCA

Attorneys:

N. Andy Myrick, Fayetteville, Tennessee, for the Appellant, Alonzo Ladon Mason.

Robert E. Cooper, Jr., Attorney General & Reporter; Preston Shipp, Assistant Attorney General; Charles F. Crawford, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The defendant, Alonzo Ladon Mason, appeals from his Bedford County Criminal Court jury conviction of possession of a handgun by a convicted felon. He claims that the trial court erred in admitting a 9-1-1 tape recording into evidence and that the verdict is not supported by legally sufficient evidence. Because we disagree, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/masona_042007.pdf


STATE OF TENNESSEE v. MARLON MEACHAM

Court: TCCA

Attorneys:

Ross A. Sampson, Memphis, Tennessee, for the appellant, Marlon Meacham.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William L. Gibbons, District Attorney General; and Scott Bearup, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Marlon Meacham, was convicted of one count of aggravated robbery and one count of aggravated burglary. Defendant was sentenced to serve nine years for the robbery conviction and six years for the burglary conviction, to be served concurrently in the Tennessee Department of Correction, for a total effective sentence of nine years. In this appeal, Defendant argues that 1) the evidence was insufficient to sustain his convictions for aggravated robbery and aggravated burglary, (2) the State improperly refreshed the recollection of Javonta Charles, and (3) the State improperly questioned Defendant about his pre-arrest silence in violation of his Fifth Amendment due process rights. After a thorough review of the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/meachamm_042007.pdf


STATE OF TENNESSEE V. JAMES ALBERT PIPPIN

Court: TCCA

Attorneys:

William A. Cameron, Cookeville, Tennessee, for the Appellant, James Albert Pippen.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William E. Gibson, District Attorney General; Anthony Craighead, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, James Albert Pippin, was convicted by a Putnam County jury of seven counts of aggravated assault and one count of resisting arrest. On appeal, he alleges the trial court improperly denied him judicial diversion at sentencing. After a thorough review of the record and applicable law, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/pippinja_042007.pdf


STATE OF TENNESSEE V. KLEIN ADLEI RAWLINS

Court: TCCA

Attorneys:

David R. Howard, Gallatin, Tennessee, for the Appellant, Klein Adlei Rawlins.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; Sallie Brown, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Klein Adlei Rawlins, was convicted by a Sumner County jury of aggravated child abuse and first degree felony murder. On appeal, he alleges that: (1) his right to counsel was violated during police questioning in jail; (2) the trial court erred when it allowed autopsy photographs of the victim into evidence; (3) the trial court erred when it allowed an unqualified witness to give expert testimony; and (4) the evidence was insufficient to sustain his convictions. Because we conclude that no reversible error exists, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/rawlinsk_042007.pdf


STATE OF TENNESSEE v. CALVIN GREGORY SMITH

Court: TCCA

Attorneys:

David Allen Doyle (at trial) and Michael Gene Anderson (at trial and on appeal), Gallatin, Tennessee, and Eric Fox (at trial), Hendersonville, Tennessee, for the appellant, Calvin Gregory Smith.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Bryna L. Grant, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

The appellant, Calvin Gregory Smith, pled guilty in the Sumner County Criminal Court to two counts of domestic assault, one count of stalking, one count of harassment, and one count of aggravated assault, and his sentences were suspended. Thereafter, the trial court revoked the appellant’s probation for failing to provide proof of employment, failing to pay court costs, and violating a "no violent contact order." On appeal, the appellant challenges the revocation of his probation. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/smithc_042007.pdf


TODAY'S NEWS

Legal News
TBA Member Services

Legal News
Welcome to the practice of law in Tennessee
The Board of Law Examiners today released the list applicants who were successful on the Tennessee Bar Examination in February.
See the complete list on TBALink
Crosss examination fierce in Ford trial
Like the shifting momentum in a back-and-forth football game, undercover audiotapes and a fierce cross-examination of FBI informant Tim Willis countered the proceedings of a day earlier in the John Ford's bribery trial.
Read more in the Commercial Appeal
Legal profession braces for baby boomers approaching retirement
As thousands of baby boomer lawyers become senior citizens in the next few years, the legal profession is bracing for big change. This will be especially true at large firms, more than half of which operate under some type of mandatory retirement system. A National Law Journal article looks at these trends and what it will mean to the profession and individual lawyers.
Read the full article
Former Chattanooga Federal Public Defender wins racial discrimination judgment in Alabama
Former federal public defender Deirdra Brown-Fleming has won a lawsuit against the U.S. Justice Department. The Equal Employment Opportunity Commission ordered the reinstatement of Brown-Fleming to her former job as a federal prosecutor nearly five years after she alleged racial and sexual discrimination. She had been the first black woman to serve as a federal prosecutor in the Huntsville branch of the U.S. Attorney's Office.
Read more in the Chattanoogan.com
Vanderbilt grads fill 27 judicial clerkships
Twenty-seven members of Vanderbilt Law School's Class of 2007 and five alumni have accepted judicial clerkships in federal and state courts throughout the United States for the 2007-08 year.
See the full list
TBA Member Services
New Alimony Bench Book released
The 5th Edition of the Alimony Bench Book is now available from the TBA Family Law Section. This newest edition is available for purchase at the TBA's online bookstore or by calling 800-899-6993 or in Nashville at 383-7421.
Order online now

 
 
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