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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.

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Editor-in-Chief, TBALink

STATE OF TENNESSEE v. WILLIAM B. BOGGS

Court: TCCA

Attorneys:

Michael W. Whitaker, Covington, Tennessee, for the appellant, William B. Boggs.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Mary Katharine White, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, William B. Boggs, was convicted of three counts of assault, a Class A misdemeanor, one count of disorderly conduct, a Class C misdemeanor, and one count of resisting arrest, a Class B misdemeanor. Two of the assault convictions were merged. The trial court sentenced Defendant to concurrent sentences of eleven months, twenty-nine days for his assault convictions, six months for his resisting arrest conviction, and thirty days for his disorderly conduct conviction, for an effective sentence of eleven months, twenty-nine days. The trial court ordered Defendant to serve his sentences in split confinement, with probation after serving ninety days in confinement. On appeal, Defendant argues that (1) the trial court erred in failing to give a complete charge to the jury on the offense of resisting arrest; (2) the trial court erred in denying Defendant's written request for a special self-defense jury instruction; (3) Tennessee Code Annotated section 39-16-602 is unconstitutional; and (4) the trial court erred in not granting Defendant full probation. Defendant does not challenge the sufficiency of the convicting evidence on appeal. After a thorough review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/boggsw_060107.pdf


STATE OF TENNESSEE v. DANIEL WILLIAM DAVENPORT

Court: TCCA

Attorneys:

David Brady (on appeal) and John B. Nisbett, III (at trial and on appeal), Cookeville, Tennessee, for the appellant, Daniel William Davenport.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William E. Gibson, District Attorney General; and Beth Willis, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

The appellant, Daniel William Davenport, was convicted pursuant to a bench trial for a violation of the Sexual Offender Registration and Monitoring Act, and he received a sentence of eleven months and twenty-nine days. On appeal, the appellant challenges the sufficiency of the evidence, the qualification of a records custodian, and the sentence he received. Upon our review of the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/davenportd_060107.pdf


STATE OF TENNESSEE v. BRIAN EDWARD EGGLESTON

Court: TCCA

Attorneys:

Karla D. Ogle, Fayetteville, Tennessee, for the appellant, Brian Edward Eggleston.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; W. Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

A Marshall County Circuit Court jury convicted the appellant, Brian Edward Eggleston, of five counts of child rape and four counts of aggravated sexual battery. After a sentencing hearing, the appellant received an effective twenty-year sentence in the Tennessee Department of Correction. On appeal, he contends (1) that the child rape statute is unconstitutional because it is a strict liability crime and does not allow for a mistake of fact defense; (2) that the trial court erred by denying his motion to suppress his statement to police; (3) that the trial court erred by admitting into evidence an inflammatory comment made by the appellant; (4) that a State witness committed several instances of misconduct; (5) that the State improperly shifted the burden of proof to the defense several times; and (6) that the trial court erred by not granting the appellant's request for a continuance when the State violated the discovery rule and withheld exculpatory evidence. Finding no reversible error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/egglestonb_060107.pdf


STATE OF TENNESSEE v. ROWLAND KEITH HALL

Court: TCCA

Attorneys:

John E. Appman, Jamestown, Tennessee (at trial); and Travis Hawkins, Nashville, Tennessee (at new trial and on appeal), for the Appellant, Rowland Keith Hall.

Robert E. Cooper, Jr., Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Scott McCluen, District Attorney General; and Roger Delp, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

Following a two-day trial before a Morgan County jury, the defendant, Rowland Keith Hall, was convicted of manufacturing methamphetamine, see T.C.A. Section 39-17-417 (2006), and possession of drug paraphernalia, see id. Section 39-17-425. Prior to sentencing, the defendant filed a motion to substitute counsel, which the trial court granted. The trial court imposed a four-year sentence on the manufacturing conviction to be served in community corrections after service of 90-days' incarceration. The court ordered a suspended sentence of 11 months and 29 days for the paraphernalia conviction to be served concurrently with the four-year manufacturing sentence. On appeal, the defendant complains that the trial court admitted hearsay testimony that violated his confrontation rights and that trial counsel rendered ineffective assistance of counsel. After careful review, we affirm the judgments of conviction.

http://www.tba2.org/tba_files/TCCA/2007/hallr_060107.pdf


HUBERT JOHNSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Suzette Peyton, Nashville, Tennessee, for the appellant, Hubert Johnson.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder and Blind Akrawi, Assistant Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Hubert Johnson, appeals from the circuit court's summary dismissal of his pro se petition for writ of habeas corpus. Following our review of the parties' briefs and applicable law, we affirm the circuit court's judgment.

http://www.tba2.org/tba_files/TCCA/2007/johnsonh_060107.pdf


MARCUS DEANGELO LEE AKA MARCUS JONES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Marcus Deangelo Lee aka Marcus Jones, pro se.

Robert E. Cooper, Jr., Attorney General & Reporter; Michael Moore, Solicitor General; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Amy Wierich, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The Petitioner, Marcus Deangelo Lee aka Marcus Jones, appeals the trial court's denial of his petition for coram nobis relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We conclude that the State's motion is meritorious. Accordingly, we grant the State's motion and affirm the judgment of the lower court.

http://www.tba2.org/tba_files/TCCA/2007/leem_060107.pdf


JOHN E. LYNCH v. TONY PARKER, WARDEN

Court: TCCA

Attorneys:

John E. Lynch, pro se.

Robert E. Cooper, Jr., Attorney General & Reporter; Michael Moore, Solicitor General; Brian Clay Johnson, Assistant Attorney General; for the appellee, State of Tennessee.

Judge: WILLIAMS

The Petitioner, John E. Lynch, appeals the lower court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to assert a ground that would entitle him to habeas corpus relief. Accordingly, we affirm the trial court's dismissal.

http://www.tba2.org/tba_files/TCCA/2007/lynchj_060107.pdf


STATE OF TENNESSEE v. RAYMOND LEE MCKINNIE

Court: TCCA

Attorneys:

Adam Wilding Parrish, Lebanon, Tennessee, for the appellant, Raymond Lee McKinnie.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Brian Fuller, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Raymond Lee McKinnie, was convicted by jury of aggravated robbery and sentenced to fifteen years imprisonment. In this appeal, he argues that: (1) the evidence was insufficient to support his conviction; (2) there was erroneous and perjured testimony presented at trial; (3) a witness' reference to other pending cases and investigations was unduly prejudicial; and (4) the trial court erred in denying his motion for a new trial in light of newly discovered evidence. Following our review of the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/mcKinnier_060107.pdf


STATE OF TENNESSEE v. THOMAS LOUIS MOORE

Court: TCCA

Attorneys:

Richard Hughes, District Public Defender, Cleveland, Tennessee, for the appellant, Thomas Louis Moore.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Jerry N. Estes, District Attorney General; and John Williams and Stephen Crump, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

The appellant, Thomas Louis Moore, was convicted by a jury in the Bradley County Criminal Court on one count of arson and one count of criminal trespass. He received a total effective sentence of seven years in the Tennessee Department of Correction. On appeal, the appellant argues that the evidence was insufficient to establish that he committed arson because the State failed to prove that he acted knowingly. Upon our review of the record and the partiesí briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/mooret_060107.pdf


RONALD IAN QUIMBY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Hershell D. Koger, Pulaski, Tennessee, for the appellant, Ronald Ian Quimby

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; T. Michel Bottoms, District Attorney General; and Christi Thompson, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: WILLIAMS

The petitioner, Ronald Ian Quimby, was found guilty of incest (Class C felony) by a Giles County jury on November 12, 2003. On November 12, 2004, he agreed to a five-year sentence in the Department of Correction as a Range I, standard offender. On that day, the petitioner also pled guilty to five additional charges of incest, each carrying a five-year sentence, to be served consecutively for a total effective sentence of thirty years. On appeal, the petitioner contends that trial counsel was ineffective and argues that: (1) he did not knowingly, voluntarily, or intelligently waive his right to appeal his conviction; (2) counsel was not adequately prepared for trial; and (3) counsel failed to advise him regarding sentencing. After careful review, we conclude that counsel rendered effective assistance, and we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2007/quimb_060107.pdf


STATE OF TENNESSEE V. ROGER TODD

Court: TCCA

Attorneys:

Paul J. Bruno, Nashville, Tennessee, for the Appellant, Roger Todd.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; William C. Whitesell, District Attorney General; David Puckett, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant, Roger Todd, appeals from a trial court order denying funding for his psychological expert. After a thorough review of the record and applicable law, we conclude that Tennessee Rule of Appellate Procedure 3(b) does not provide a proper mechanism by which this Court may address an appeal of an order denying expert funding. Accordingly, the Defendantís appeal is dismissed.

http://www.tba2.org/tba_files/TCCA/2007/toddr_060107.pdf


STATE OF TENNESSEE v. ROSEANNE K. WARD AND JERRY W. WARD

Court: TCCA

Attorneys:

Terry J. Leonard, Camden, Tennessee, for the appellant, Roseanne K. Ward and Jerry W. Ward.

Robert E. Cooper, Jr., Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; Robert Radford, District Attorney General; and Beth Boswell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

This appeal arises from the Benton County Circuit Court's continued denial of pretrial diversion notwithstanding approval by the District Attorney General and previous reversal by this Court. This is the second interlocutory appeal in this matter. Upon due consideration of the record and the parties' briefs, we reverse the circuit court's judgment and remand for entry of an order approving the pretrial diversion agreement between the prosecutor and the defendants.

http://www.tba2.org/tba_files/TCCA/2007/wardr_060107.pdf


TODAY'S NEWS

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Upcoming
TBA Member Services

Legal News
Anna Mae's foster parents petition U.S. Supreme Court
After a seven-year custody fight through the state courts, Jerry and Louise Baker are now asking the U.S. Supreme Court to stop the state-ordered reunion of the child with her parents, Shaoqiang "Jack" and Qin Luo "Casey" He. The appeal request is based on the emotional trauma the second-grader will suffer in leaving the Bakers.
Read more in the Memphis Daily News
DOJ made immigration judgeships political
Justice Department leaders used a little-known power to bypass the competitive hiring process to fast-track candidates of their choosing -- including a number of lawyers with no immigration law experience but strong ties to the Republican Party or President George W. Bush's election campaigns -- to fill immigration court openings. Former White House liaison Monica Goodling talked about that and other actions of the department during her day-long testimony before the House Judiciary Committee.
Read more in the Legal Times
Competing ethics codes up for debate in Memphis council
Memphis City Council chairman Tom Marshall plans to renew his efforts for the city to adopt a more specific code of ethics Tuesday when the council meets. A council committee voted in May to recommend a bare-bones model ordinance suggested by the University of Tennessee's Municipal Technical Advisory Service (MTAS), but Marshall is supporting a plan that puts more responsibility on the appointed city ethics panel.
The Memphis Daily News has more
The Thompson team
Who will be in Fred Thompson's inner circle as he maneuvers toward a presidential campaign? More than a few Tennessee lawyers, the Nashville Posts suggests.
Read the full story
Passages
Dayton civic leader, attorney C.P. Swafford dies at 88
C.P. Swafford, one of Dayton's leading citizens for many years, died early Sunday morning at the age of 88. Swafford practiced law in Dayton for more than 50 years and also served as assistant district attorney for the 18th Judicial District.
The Rhea County Herald News has more
Upcoming
Tips for handling discrimination complaints
James Crumlin, an attorney with Bone McAllester Norton PLLC in Nashville, will present a free seminar tomorrow, Saturday, June 2 from 10 a.m. to noon on how to prove discrimination in court. The event, which is being sponsored by the NAACP, will be held at Matthew Walker Health Center, located at 1035 14th Avenue North. The Nashville Business Journal reported the news.

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