Report calls for more money to defend state's indigent

Tennessee spends more than twice as much to prosecute the indigent as it does to defend them, according a study released today by the Justice Project. The study, conducted by the Spangenberg Group, a consulting firm specializing in criminal justice research, found that as much as $140 million is budgeted each year to prosecute the poor, while only $56.4 million is spent defending the indigent. The methodology employed in the study fell under immediate criticism from prosecutors. Read more in the Knoxville News-Sentinel

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YVONNE N. ROBERTSON V. TENNESSEE BOARD OF SOCIAL WORKER CERTIFICATION AND LICENSURE ET AL.

Court: TSC

Attorneys:

Michael E. Terry and Stephanie H. Gore, Nashville, Tennessee, for the appellant, Yvonne N. Robertson.

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; and Sara E. Sedgwick, Assistant Attorney General, for the appellees, Tennessee Board of Social Worker Certification and Licensure and Tennessee Department of Health.

Judge: CLARK

We accepted this appeal to determine the effect of a Tennessee administrative agency's consideration of irrelevant or immaterial evidence on the agency's choice of a remedy in a contested case hearing. While we hold that an agency's consideration of irrelevant or immaterial evidence in a contested case hearing is erroneous, a party's failure to object to the evidence waives any argument of error on appeal. In this case, we do not disturb the Tennessee Board of Social Worker Certification and Licensure's order to revoke clinical social worker Yvonne N. Robertson's license because it is warranted in law and justified in fact. The judgment of the Court of Appeals is affirmed. We remand this case to the Tennessee Board of Social Worker Certification and Licensure for further action consistent with this opinion.

http://www.tba2.org/tba_files/TSC/2007/robertsony_062707.pdf


AARON BURKHART v. WELLS FARGO BANK WEST, N.A., ET AL.

Court: TCA

Attorneys:

John W. Cleveland, Sweetwater, Tennessee for the Appellant, Aaron Burkhart.

William S. Lockett, Jr., Knoxville, Tennessee for the Appellee, Wells Fargo Bank West, N.A.

Jason S. Mangrum and Katherine Kellogg Kuhn, Nashville, Tennessee for the Appellees, Wilson & Associates, PLLC, and Robert M. Wilson, Jr.

Judge: SWINEY

Aaron Burkhart ("Plaintiff") sued Wells Fargo Bank West, N.A. ("Wells Fargo"), Wilson & Associates, PLLC ("W&A"), and Robert M. Wilson, Jr. ("Wilson") alleging, among other things, misrepresentation and violation of the Tennessee Consumer Protection Act, section 47-18-101 et seq., in connection with the purchase of real property by Plaintiff at a foreclosure sale. All defendants filed motions for summary judgment, which the Trial Court granted. Plaintiff appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2007/burkharta_062707.pdf


CRYSTAL LASHEA CALDWELL v. JOSHUA RANDALL HILL

Court: TCA

Attorneys:

Thomas V. Testerman, Newport, Tennessee, for the Appellant, Crystal LaShea Caldwell.

Brad L. Davidson, Newport, Tennessee, for the Appellee, Joshua Randall Hill.

Judge: LEE

Father and Mother entered into an agreed permanent parenting plan following their separation in 2004. In 2005, Father requested a modification of the plan to increase his co-parenting time with the parties' daughter. The petition to modify was filed shortly after the trial court increased his child support from $30 per week to more than $100 per week, and also less than a week after his marriage to his longtime girlfriend. The trial court found that Father's marriage and the fact that he had quit smoking marijuana were both material changes of circumstance, and that Father should receive equal parenting time with the child. Mother appeals. After careful review, we find that there has been no material change of circumstance justifying reconsideration of the parties' parenting arrangement. Accordingly, we reverse the trial court's modification of the parenting plan and remand.

http://www.tba2.org/tba_files/TCA/2007/caldwellc_062707.pdf


LESTER M. CHAVEZ, ET AL. v. BROADWAY ELECTRIC SERVICE CORPORATION

Court: TCA

Attorneys:

Edward L. Summers and Michael J. Stanuszek, Knoxville, Tennessee, for the Appellant, Broadway Electric Service Corporation.

Andrew S. Roskind, Knoxville, Tennessee, for the Appellees, Lester M. Chavez, Judy A. Chavez, and Roger S. Davy.

Judge: LEE

The Plaintiffs, Lester M. Chavez, Roger S. Davy, and Judith Chavez, were formerly employed at the U.S. Department of Energy ("DOE") facility in Rocky Flats, Colorado. The Plaintiffs moved to Tennessee to work at the DOE facilities in Oak Ridge for the Defendant. Mr. Chavez and Mr. Davy were told by the Defendant that there was enough work for them for "ten years." Mrs. Chavez was promised a job with the Defendant for one year. When the work did not materialize as anticipated, the Plaintiffs brought this action for breach of contract, fraudulent misrepresentation, and promissory estoppel against the Defendant. The trial court, applying the promissory estoppel doctrine, awarded Mr. Chavez damages in the amount of $25,661 and awarded Mr. Davy $31,219 in damages. The trial court found that the Defendant breached an oral employment contract with Mrs. Chavez, and awarded her damages in the amount of $4,463. We affirm the trial court's factual findings, but disagree with the trial court's conclusion that the facts support a judgment for Mr. Chavez and Mr. Davy under the promissory estoppel doctrine. Specifically, we hold that the employer's representations to the Plaintiffs regarding the general condition of the job market in Oak Ridge were too ambiguous and vague to be held as "promises" supporting an action for damages. In the absence of an enforceable employment contract and any finding of misrepresentation or fraud on the employer's part, we reverse the judgment for Plaintiffs Mr. Chavez and Mr. Davy under promissory estoppel. We affirm the trial court's judgment awarding Mrs. Chavez damages for breach of an oral employment contract for a one-year period.

http://www.tba2.org/tba_files/TCA/2007/chavezl_062707.pdf


DARRELL HONEYCUTT v. DEBBIE ANN HONEYCUTT, ET AL.

Court: TCA

Attorneys:

Johnny V. Dunaway, LaFollette, Tennessee for the Appellant, Darrell Honeycutt.

Patrick L. Looper, Knoxville, Tennessee for the Appellee, Debbie Ann Honeycutt.

Judge: SWINEY

After approximately five years of marriage, Darrell Honeycutt ("Husband") sued Debbie Ann Honeycutt ("Wife") for divorce. The case was tried and the Trial Court entered a Judgment of Divorce, inter alia, awarding the parties a divorce, incorporating the parties' Marital Dissolution Agreement, and reserving several issues including ones involving the distribution of specific items of real and personal property. After a further hearing, the Trial Court entered an order finding and holding that the couple's six breeding dogs had a value of $30,000; a Toyota RAV4 ("the Toyota") had a value of $18,000; Husband was to be awarded the breeding dogs and the Toyota; and the marital residence was to be sold at public auction with Wife to receive the first $48,000 from the sale. Husband appeals to this Court raising issues primarily regarding the valuation and distribution of the breeding dogs and the Toyota. We affirm.

http://www.tba2.org/tba_files/TCA/2007/honeycuttd_062707.pdf


BOYCE MCCALL, SR., ET AL. v. ERNEST BENNETT, ET AL.

Court: TCA

Attorneys:

Boyce McCall, Sr., Knoxville, Tennessee, pro se appellant.

Debra A. Thompson, Knoxville, Tennessee, for the appellees, Ernest Bennett and Laker Express, Inc.

Judge: LEE

In this appeal from the trial court's judgment based upon a jury verdict denying plaintiff's suit for personal injuries, the plaintiff raises multiple issues and requests that the case be remanded for new trial. We affirm the trial court's judgment upon our determination that the jury's verdict was supported by material evidence and that all other issues were waived as a result of the plaintiff's failure to preserve them by contemporaneous objection or by motion for new trial.

http://www.tba2.org/tba_files/TCA/2007/mccallb_062707.pdf


TERRY PAUL, ET AL. v. MERIT CONSTRUCTION, INC.

Court: TCA

Attorneys:

J. Ford Little, Robert P. Noell, and W. Michael Baisley, Knoxville, Tennessee, for the Appellant, Merit Construction, Inc.

H. Chris Trew, Athens, Tennessee, for the Appellees, Terry Paul and Alan Paul d/b/a Paul Brothers Construction.

Judge: SWINEY

Terry Paul and Alan Paul (Plaintiffs) are the owners and operators of Paul Brothers Construction. Plaintiffs entered into an oral contract with Merit Construction, Inc. (Defendant) to provide masonry work on a project on which Defendant was the general contractor. After providing masonry work for several months, Plaintiffs were presented by Defendant with a written subcontract. The written subcontract contained an alternative dispute resolution process which included binding arbitration. After this lawsuit was filed, Defendant filed a motion to stay these proceedings and to compel Plaintiffs to submit to mediation and/or arbitration. The Trial Court concluded that Plaintiffs had not agreed to the terms of the written subcontract and denied the motion. We affirm.

http://www.tba2.org/tba_files/TCA/2007/pault_062707.pdf


DENVER and BEVERLY THACKER v. ALLAN M. BALL and DONNIE BALL

Court: TCA

Attorneys:

David W. Blankenship, Kingsport, Tennessee, for appellants.

Daniel D. Coughlin, Bristol, Tennessee, for appellee, Allan M. Ball.

Judge: FRANKS

Plaintiffs alleged that defendant Alan Ball's dog had injured Denver and sought damages. Defendant denied owning the dog and averred that his son, Donnie Ball, owned the animal. Plaintiffs amended their complaint adding Donnie Ball as a defendant, and further averred that Donnie Ball was acting as agent for Alan in caring for the animal. The Trial Court granted Alan Ball summary judgment on the issue of agency and in a trial a jury returned a verdict in Alan Ball's favor but awarded damages to plaintiffs against Donnie Ball. The Trial Court granted an additur to the damage award and plaintiffs appealed. We affirm the Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2007/thackerd_062707.pdf


STATE OF TENNESSEE v. ANTHONY ALLEN

Court: TCCA

Attorneys:

William D. Massey and Lorna S. McClusky, Memphis, Tennessee, for the appellant, Anthony Allen.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and William S. Crossnoe, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Anthony Allen, was convicted in 2002 of seven counts of aggravated robbery, eight counts of aggravated rape, and one count of facilitation of aggravated rape which the trial court merged with one of the rape convictions, and received an effective sentence of 124 years. In State v. Anthony Allen, No. W2004-01085-CCA-R3-CD, 2005 WL 1606350, at 1 (Tenn. Crim. App. July 8, 2005), perm. to appeal denied (Tenn. Dec. 19, 2005), this court reversed one of the convictions for aggravated rape, remanding it for a new trial, and affirmed all of the remaining convictions but remanded the matter for a new sentencing hearing to determine whether consecutive sentencing was appropriate. Following the reconsideration by the trial court and the defendant's being sentenced to an effective sentence of 104 years, the defendant appeals, arguing that the trial court erred in finding that he was a dangerous offender and that his criminal activity was extensive. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/allena_062707.pdf


STATE OF TENNESSEE v. LARRY ARNOLD

Court: TCCA

Attorneys:

Jeffrey A. DeVasher (on appeal) and C. Dawn Deaner (at trial) Assistant Public Defenders, Nashville, Tennessee, for the appellant, Larry Arnold.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Larry Arnold, appeals as of right from his conviction of burglary for which he received a sentence of seven years imprisonment as a Range II, multiple offender. In this appeal, the defendant challenges the sufficiency of the convicting evidence and the length of his sentence. Following our review of the record and the parties' briefs, we affirm the defendant's conviction and sentence.

http://www.tba2.org/tba_files/TCCA/2007/arnoldl_062707.pdf


STATE OF TENNESSEE V. GREGORY N. BOYKIN

Court: TCCA

Attorneys:

Gerald L. Melton, District Public Defender; Russell N. Perkins, Assistant Public Defender, Murfreesboro, Tennessee for the Appellant, Gregory N. Boykin.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel W. Harmon, Assistant Attorney General; William Whitesell, District Attorney General; Trevor H. Lynch, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Rutherford County jury convicted the Defendant, Gregory N. Boykin, of filing a false police report, theft under five hundred dollars, and vandalism under five hundred dollars. On appeal, he alleges that: (1) the evidence was insufficient to sustain his conviction for filing a false police report; and (2) that the trial court improperly admitted evidence of the Defendant's prior convictions. Because we conclude that no error exists, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/boykingn_062707.pdf


CHESTER FLOYD COLE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Chester Floyd Cole, Tiptonville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Al Earls, District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Chester Floyd Cole, appeals the denial of his motion to reopen his post-conviction petition, arguing that newly discovered evidence of his rape victim's medical examination would have altered the outcome of his trial. Following our review, we dismiss the appeal.

http://www.tba2.org/tba_files/TCCA/2007/colec_062707.pdf


STATE OF TENNESSEE v. ROBERT FRANKLIN DELZELL, III

Court: TCCA

Attorneys:

William B. Lockert, III, District Public Defender and Dawn Kavanagh, Assistant District Public Defender, Ashland City, Tennessee, for the appellant, Robert Franklin Delzell, III.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Carey Thompson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Robert Franklin Delzell, III, appeals from the judgment of the Stewart County Circuit Court, revoking his community corrections sentence and imposing confinement. 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/delzellr_062707.pdf


DAVID LAMAR HAYES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Andrew Messick (at evidentiary hearing), for appellant, David Lamar Hayes, Pro Se (on appeal), Whiteville, Tennessee.

Robert E. Cooper, Jr., Attorney General & Reporter; Preston Shipp, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General, and J. Paul Newman, Assistant District Attorney General, for appellee, State of Tennessee.

Judge: THOMAS

The petitioner, David Lamar Hayes, pro se, appeals as of right from the Rutherford County Criminal Court's denial of post-conviction relief. The petitioner was convicted of thirteen counts of rape of a child and seven counts of rape and received an effective sentence of 220 years. On direct appeal, this court affirmed all of the convictions except for one count of rape, which was dismissed, and reduced his total effective sentence to sixty-six years. State v. David Lamar Hayes, M2002-01331-CCA-R3-CD, 2004 WL 1778478 (Tenn. Crim. App. Aug. 9, 2004), perm. app. denied (Tenn. May 23, 2005). On January 10, 2006, the petitioner filed a petition for post-conviction relief that alleged a wide range of allegations regarding ineffective assistance of counsel and state misconduct. After numerous amendments, the appointment of counsel and a full and thorough evidentiary hearing, the post-conviction court denied post-conviction relief. In this appeal, he contends that the post-conviction court erroneously denied relief. Following our review, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2007/hayesd_062707.pdf


STATE OF TENNESSEE v. ELDRIDGE HILL

Court: TCCA

Attorneys:

C. Anne Tipton (on appeal) and Dewun R. Settle (at trial), Memphis, Tennessee, for the appellant, Eldridge Hill.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; William L. Gibbons, District Attorney General; and Karen Cook and Lora Fowler, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Eldridge Hill, was convicted by a Shelby County jury of especially aggravated robbery, a Class A felony, and sentenced by the trial court as a violent offender to sixteen years at 100% in the Department of Correction. The sole issue he raises on appeal is whether the evidence was sufficient to sustain his conviction. Specifically, he argues that the State failed to prove beyond a reasonable doubt that his robbery victim suffered a serious bodily injury. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/hille_062707.pdf


PHILLIP R. HOLDEN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

David M. Hopkins, Nashville, Tennessee, for the appellant, Phillip R. Holden.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel W. Harmon, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Dan Hamm, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, Phillip R. Holden, appeals the Davidson County Criminal Court's denying him post-conviction relief from his 2004 conviction for possession of one-half gram or more of cocaine with the intent to sell, a Class B felony, and resulting ten-year sentence. On appeal, the petitioner contends that he received the ineffective assistance of counsel, rendering his guilty pleas unknowing and involuntary. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/holdenp_062707.pdf


STATE OF TENNESSEE v. LISA ANN HUDSON

Court: TCCA

Attorneys:

Andrew Jackson Dearing, III, Shelbyville, Tennessee, for the appellant, Lisa Ann Hudson.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; W. Michael McCown, District Attorney General; and Michael D. Randles and Ann L. Filer, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Lisa Ann Hudson, was indicted for the aggravated child abuse and neglect, see Tenn. Code Ann. Section 39-15-402, of her unborn fetus. Thereafter, the defendant filed a motion to dismiss the indictment on the ground it did not state a criminal offense, which the trial court denied. This Rule 9 interlocutory appeal followed for this court to determine whether the trial court erred in denying the defendant's motion to dismiss. Following our review of the record and the parties' briefs, we reverse the judgment of the trial court and dismiss the indictment.

http://www.tba2.org/tba_files/TCCA/2007/hudsonl_062707.pdf


STATE OF TENNESSEE v. MACK TREMAINE JONES

Court: TCCA

Attorneys:

Lance R. Chism, Memphis, Tennessee (on appeal); James F. Schaeffer, Jr. and Robin Steward, Memphis, Tennessee, (at trial), for the appellant, Mack Tremaine Jones.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; Robert Carter, Assistant District Attorney General; and Reginald Henderson, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Mack Jones, was convicted of one count of first degree murder and nine counts of attempted first degree murder. Defendant was sentenced to life in prison for the first degree murder conviction and twenty-two years for each of the nine counts of attempted first degree murder, with all sentences to be served concurrently. Defendant filed a motion for new trial which the trial court subsequently denied. In this appeal, Defendant argues that (1) the evidence was insufficient to support Defendant's convictions for first degree murder and attempted first degree murder, and (2) the trial court erred in admitting evidence of ammunition discovered from Defendant's residence; admitting testimony that the photo line up contained a "juvenile photo" of Defendant; and excluding testimony that Defendant received a social security disability stipend and had difficulty counting money. After a thorough review of the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/jonesm_062707.pdf


GARY JORDAN v. HOWARD CARLTON, WARDEN

Court: TCCA

Attorneys:

Gary Jordan, pro se, Mountain City, Tennessee.

Robert E. Cooper, Jr., Attorney General & Reporter, Leslie E. Price and David E. Coenen, Assistant Attorneys General, for the appellee, State of Tennessee.

Judge: THOMAS

The petitioner, Gary Jordan, appeals the Johnson County Criminal Court's denial of his petition for writ of habeas corpus. The petitioner alleges that his sentences for second degree murder and attempted second degree murder were imposed illegally because the trial court ordered them to be served concurrent with a prior unserved sentence for which he was on probation and because he was on bond for probation violations at the time of the commission of the new offenses. The trial court found that the petition failed to state a cognizable claim for relief upon which a petition for a writ of habeas corpus could issue. Following our review, we affirm the trial court's dismissal of the petition for habeas corpus relief.

http://www.tba2.org/tba_files/TCCA/2007/jordang_062707.pdf


KRISTI KIMBRO v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Michael A. Colavecchio, Nashville, Tennessee, for the appellant, Kristi Kimbro.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Kathy Morante, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Kristi Kimbro, pled guilty to second degree murder and was sentenced to thirty-seven years imprisonment. She now appeals the denial of her petition for post-conviction relief, arguing that she received the ineffective assistance of counsel which caused her to enter an unknowing and involuntary plea. Following our review of the record and the parties' briefs, we affirm the denial of post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2007/kimbrok_062707.pdf


JOSEPH MILES v. STATE OF TENNESSEE, RICKY BELL, WARDEN

Court: TCCA

Attorneys:

Joseph Miles, Pro Se, Nashville, Tennessee.

Robert E. Cooper, Jr., Attorney General & Reporter; Sophia Lee, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

This matter is before the Court upon the State's motion to affirm the judgment of the habeas corpus court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Petitioner has appealed the habeas corpus court's order summarily dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas corpus court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted and the judgment of the habeas corpus court is affirmed.

http://www.tba2.org/tba_files/TCCA/2007/milesj_062707.pdf


STATE OF TENNESSEE v. TAMELIA POPE ORTEL

Court: TCCA

Attorneys:

Donna Orr Hargrove, District Public Defender; Andrew Jackson Dearing III, Assistant District Public Defender, for the appellant, Tamelia Pope Ortel.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Chuck Crawford (on appeal) and W. Michael McCown (at trial), District Attorneys General; Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

In May 2006, the defendant, Tamelia Pope Ortel, was indicted by a Bedford County grand jury on seventy-four counts of forgery, with the amounts of the forged instruments (all less than $500) rendering the offenses Class E felonies. In July 2006, the defendant pled guilty to all counts of the indictment. The trial court sentenced the defendant to the maximum term of two years in prison as a Range I, standard offender, on each count, running most of the terms concurrently but some consecutively, resulting in an effective sentence of eight years. The defendant's sole issue on appeal is that the trial court erred in refusing to impose an alternate sentence. We conclude that the trial court properly sentenced the defendant and thus affirm the ruling of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/ortelt_062707.pdf


STATE OF TENNESSEE v. ARTHUR PIRTLE

Court: TCCA

Attorneys:

Donna Orr Hargrove, District Public Defender; Andrew Jackson Dearing III, Assistant District Public Defender, for the appellant, Arthur Pirtle.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Chuck Crawford (on appeal) and W. Michael McCown (at trial), District Attorneys General; Weakley E. Barnard and Brooke Grubb, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: THOMAS

In May 2005, the defendant, Arthur Pirtle, was indicted by a Marshall County grand jury on one count of possession of more than .5 gram of a Schedule II Controlled Substance (cocaine), a Class B felony, and one count of Simple Possession, a Class A misdemeanor. In June 2006, a jury trial was held in Marshall County Circuit Court. At the conclusion of the trial, the defendant was convicted of possession of a Schedule II controlled substance but acquitted on the simple possession charge. At the sentencing hearing, the trial court sentenced the defendant to twenty-seven years in prison as a Range III, persistent offender. On appeal, the defendant contends that the evidence was insufficient to support his conviction. After reviewing the record, we conclude that the evidence was sufficient to find the defendant guilty beyond a reasonable doubt and therefore affirm the ruling of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/pirtlea_062707.pdf


STATE OF TENNESSEE v. LADARIUS L. REFFEGEE

Court: TCCA

Attorneys:

Mark C. Scruggs, Nashville, Tennessee, for the appellant, Ladarius L. Reffegee.

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Amy Eisenbeck and Rachel Sobrero, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Ladarius L. Reffegee, was convicted by jury of second degree murder and carrying a handgun with intent to go armed. Subsequently, the defendant pled guilty to possession of cocaine with the reservation of a certified question of law for appeal. For his convictions, the defendant received a total effective sentence of twenty-three years imprisonment. In this appeal, the defendant contends that: (1) his motion to suppress evidence should have been granted because his vehicle was subjected to an unlawful search by law enforcement; (2) the state violated his due process rights by failing to divulge evidence favorable to the defense; and (3) the state's comment on the defendant's failure to produce a witness violated his due process rights. Following our review of the record and the parties' briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/reffegeel_062707.pdf


PERRY SINGO v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

James L. Baum, Burns, Tennessee, for the appellant, Perry Singo.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; Suzanne Lockert, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

In March 2000 the petitioner, Perry Singo, was convicted in Dickson County Circuit Court of four counts of rape of a child and four counts of aggravated sexual battery. The petitioner was sentenced to the maximum sentence on each count, with two of the child rape counts to run consecutively and all other counts to run concurrently, resulting in an effective sentence of fifty years. On direct appeal, this court reversed three of the child rape convictions and remanded to the trial court for re-sentencing. State v. Perry Singo, No. M2001-00919-CCA-R3-CD, 2002 WL 1838142, at 1 (Tenn. Crim. App. at Nashville, Aug. 9, 2002) (Perry Singo I). On remand, the trial court ran two of the aggravated sexual battery counts consecutive to the remaining child rape count, resulting in an effective sentence of forty-nine years. This court affirmed the trial court's revised judgment. State v. Perry Singo, No. M2003-01230-CCA-R3-CD, 2004 WL 343968, at 1 (Tenn. Crim. App. at Nashville, Feb. 24, 2004) (Perry Singo II). The petitioner then filed a petition for post-conviction relief. A hearing was held in the trial court in May 2006, and the trial court denied the petition in June 2006. The petitioner appeals, alleging judicial vindictiveness on the part of the trial court in imposing its second sentence, as well as ineffective assistance of counsel. After reviewing the record, we affirm the ruling of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/singop_062707.pdf


STATE OF TENNESSEE v. PATRICK C. SLAY

Court: TCCA

Attorneys:

C. Edward Fowlkes, Nashville, Tennessee, for the appellant Patrick C. Slay.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor Johnson III, District Attorney General; and Matthew Pietsch, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Patrick C. Slay, was convicted of driving under the influence of alcohol. The trial court suspended Defendant's driver's license for one year, ordered Defendant to attend an alcohol and drug treatment program, and sentenced him to 11 months, 29 days, with all suspended except 48 hours, and the balance served on probation. Defendant filed a motion for new trial which the trial court subsequently denied. On appeal, Defendant argues that the trial court erred in denying his motion for new trial because the trial court erred in admitting testimony that the Intoxilyzer 1400 (BAC machine) was working properly at the time of the arrest. After a review of the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/slayp_062707.pdf


STATE OF TENNESSEE v. GREG SOUTHALL

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; T. Michel Bottoms, District Attorney General; and Brent A. Cooper, Assistant District Attorney General, for the appellant, State of Tennessee.

William C. Barnes, Jr., Columbia, Tennessee, for the appellee, Greg Southall.

Judge: TIPTON

The defendant, Greg Southall, was charged with possession of one-half gram or more of cocaine with the intent to sell and possession of marijuana. The trial court granted the defendant's motion to suppress the drugs, finding that the search of the defendant's vehicle was unconstitutional. The state appeals the suppression. We hold that suppression was proper, and we affirm the trial court's judgment.

http://www.tba2.org/tba_files/TCCA/2007/southallg_062707.pdf


STATE OF TENNESSEE v. MARQUERITE L. TIBBS

Court: TCCA

Attorneys:

Claudia S. Jack, District Public Defender; and Bob Stovall, Assistant Public Defender, Pulaski, Tennessee, for the appellant, Marguerite Lynn Tibbs.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; T. Michel Bottoms, District Attorney General; and Patrick Butler, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Defendant, Marquerite L. Tibbs, was charged with two counts of vehicular homicide, one count of possession of marijuana, and one count of driving on a revoked license. Each count of vehicular homicide involved the same victim, but alleged different theories of guilt. On February 16, 2005, Defendant pled guilty to one count of vehicular homicide and one count of possession of marijuana. In exchange for her plea, Defendant received eight years for the vehicular homicide conviction and eleven months, twenty nine days for the possession conviction, with the manner of service to be determined by the trial court. An order of nolle prosequi was entered as to the remaining counts of vehicular homicide and driving on a revoked license. Following a sentencing hearing, the trial court sentenced Defendant to serve eight years in the Department of Correction for the vehicular homicide conviction and eleven months, twenty-nine days for the possession conviction, to be served concurrently. On appeal, Defendant argues that the trial court erred in denying alternative sentencing. After a thorough review of the record, we reverse the judgment of the trial court and remand the case for resentencing.

http://www.tba2.org/tba_files/TCCA/2007/tibbsm_062707.pdf


STATE OF TENNESSEE v. JASPER L. VICK

Court: TCCA

Attorneys:

Robert L. Parris, Memphis, Tennessee, for the appellant, Jasper L. Vick.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Chris Scruggs, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Jasper L. Vick, appeals his sentencing classification as a Range II offender, arguing that the State failed to prove beyond a reasonable doubt that the criminal conduct leading to his South Carolina conviction for aggravated assault of a high and aggravated nature would have constituted a Class C felony in Tennessee. Following our review, we reverse the judgment of the trial court and remand for the defendant to be sentenced as a Range I offender.

http://www.tba2.org/tba_files/TCCA/2007/vickj_062707.pdf


TYRONE A. WALKER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Karen T. Fleet, Bolivar, Tennessee, for the appellant, Tyrone A. Walker.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Terry D. Dycus, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Tyrone A. Walker, appeals the denial of his petition for post-conviction relief, arguing that his guilty pleas were unknowing and involuntary and that his trial counsel was ineffective for failing to request an independent psychological examination. Following our review, we affirm the denial of the petition.

http://www.tba2.org/tba_files/TCCA/2007/walkert_062707.pdf


HARVEY WEBSTER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Paula Ogle Blair, Nashville, Tennessee, for appellant, Harvey Webster.

Robert E. Cooper, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. “Torry” Johnson, III, District Attorney General; Bret Gunn, Assistant District Attorney General, Nashville, Tennessee, for appellee, State of Tennessee.

Judge: THOMAS

The petitioner, Harvey Webster, appeals as of right the Davidson County Criminal Court's denial of his petition for post-conviction relief challenging his guilty pleas to especially aggravated kidnapping and aggravated robbery. Additionally, he appeals the effective sentence of twenty-five years as a Range I, standard offender received as a result of his guilty pleas from which the trial court granted a delayed appeal pursuant to Tennessee Code Annotated section 40-30-113. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/websterh_062707.pdf


TODAY'S NEWS

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TBA Member Services

Legal News
Maryville lawyer named to Circuit Court post
Governor Bredesen today appointed Maryville attorney Michael H. Meares as Circuit Court Judge for Division II in the 5th Judicial District of Tennessee. Meares, a Vanderbilt Law School grad, fills the vacancy created by the appointment of Judge D. Kelly Thomas to the Court of Criminal Appeals.
Read more about the appointment
Person asks high court to take on case
Attorneys for Juvenile Court Judge Curtis Person today asked the Tennessee Supreme Court to "reach down" and assume jurisdiction in his appeal of a lower court decision allowing the County Commission to appoint a second judge.
Read more in the Memphis Commercial Appeal
Public defender: we're overloaded
Contending that his staff has reached caseload overload, the Knox County public defender has notified General Sessions judges that his office will no longer take new misdemeanor cases. If the judges agree, private attorneys will be appointed to handle such cases.
The News Sentinel has details of the situation
New applicant for Axley seat
Memphis attorney Latonya Sue Burrow, an assistant public defender in the Shelby County Public Defender's Office, has submitted an application to be considered for a seat on the 30th Judicial District criminal court. Burrow joins four others who have filed for consideration. The vacancy on the court was created when Judge W. Fred Axley announced his intention to retire by the end of the month.

Judges crack down on 'uncourtly' clothes
Fed up with defendants coming to court wearing flip-flops, t-shirts, saggy drawers and gangster couture, some Nashville judges are saying, "Enough!" This week, Davidson County Criminal Court Judge Cheryl Blackburn imposed a strict dress code -- one borrowed from the Metro Schools.
The Tennessean reports
Judge rejects one Moncier suit
Davidson County Chancellor Ellen Hobbs Lyle dismissed motions by Knoxville attorney Herbert S. Moncier seeking to revoke Knox County Sheriff Tim Hutchison's certification as a law enforcement officer. Moncier's second suit has been assigned to Chancellor Richard Dinkins. However, Lyle commented that the second suit was a more proper vehicle for resolving the issue of Hutchison's pension benefits and offered to take the case from Dinkins. Moncier is seeking to deny Hutchison an increase in pension benefits based on a criminal contempt conviction from 2003.
Read more in the News Sentinel
Prosecutors allege Bowers took payoffs
Federal prosecutors alleged on Monday that former state lawmaker Kathryn Bowers took a $2,000 payoff from the operators of a children's dental clinic when she was a member of the Tennessee House. While they do not intend to charge her with the offense, they want to use it to show a pattern of and intent to take bribes. Bowers will face trial in September on extortion and bribery charges related to the Tennessee Waltz investigation.
The Memphis Daily News reports
Jail administrator gets 33 months for inmate abuse
Donald R. Wilson, former administrator of the White County Jail, has been sentenced to 33 months in prison for violating an inmate's civil rights. Wilson was convicted for confining the inmate in a small cell amid human waste, and forcing the inmate to wear a straitjacket for up to 12 hours a day. Another corrections officer, Stanley Hawkins, was found guilty of beating and using a chemical agent on the same inmate. His sentencing is scheduled for Aug. 27.
WSMV-TV has the AP story
Legislative News
Sen. Ford hospitalized with heart pain
State Sen. Ophelia Ford, D-Memphis, was treated over the weekend for reported chest pains. On Sunday morning she was taken by ambulance to Methodist University Hospital. Further details about her condition were not available.
Learn more from the Daily News
Upcoming
Fall mediation day event scheduled
The Tennessee Coalition for Mediation Awareness is planning a luncheon at noon on Oct. 18 to celebrate Mediation Day. The group also will present the first annual Grayfred Gray Public Service Mediation Award to retired University of Tennessee Law professor and ADR visionary Grayfred Gray. The event will be held at the Lipscomb Institute for Conflict Management's Ezell Center in Nashville. The TBA Dispute Resolution Section was instrumental in forming the coalition in 2006 to educate the public and the legal profession on the benefits of mediation and other forms of conflict resolution.
Learn more at www.2mediate.org
TBA Member Services
Have you activated your FedEx shipping discounts?
TBA members are entitled to discounts on FedEx shipping. Did you know that TBA members are saving an average of $83 per quarter by utilizing their FedEx Association Advantage program discounts? Here's what some members have to say about their FedEx savings:

"Our firm took advantage of the Tennessee Bar Association FedEx discounts and saved over $200 on FedEx Express shipments last quarter alone. It's the best $200 we've ever saved," says member Bill Cameron of Cameron & Young in Cookeville. Start saving on your shipments today! For more information on how to enroll, call 1-800-923-7089 or
visit the TBA Web site

 
 
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