General Practice Summit back with strong lineup
Recognized experts in 15 practice areas will bring you up to date on the latest developments in the law, offer tips, advise you on trends and provide materials and forms at the second annual General Practice Summit, Aug. 23-25 in Nashville. The sessions will also provide you with your entire 15 hours of CLE required for the year, including ethics hours.
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TONYA L. MERRICK v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
With Dissenting Opinion
Tonya L. Merrick, Nashville, Tennessee, pro se.
Karl Dean, Director of Law; James E. Robinson, Lora Barkenbus Fox, and John L. Kennedy, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County.
This appeal involves a motor vehicle accident between a vehicle driven by Appellant and a
Metropolitan Nashville school bus. The case was tried non-jury, and the trial court, based primarily
upon the testimony of an alleged eye witness, decided the case in favor of Defendant. Finding the
evidence of the alleged eye witness to be inherently improbable, we reverse the action of the trial
court and remand the case for a new trial.
IN RE: ESTATE OF CORNELIUS THEODORE RIDLEY
CAROLYN RIDLEY v. WILLIAM KEITH RIDLEY
Melvin L. Raymond, St. Louis, MO, and Eva Lemeh, Nashville, TN, for the appellant, William Keith
Mary J. Chukinas Lagrone, Nashville, TN, for the appellee, Carolyn Ridley.
This appeal involves the construction of a will and imposition of attorney's fees. The Probate Court
found that the language of the will gave the Decedent's second wife a life estate in the marital home
with a one-half remainder to his stepdaughter. For the reasons stated herein we find that the
language of the will does not support such a construction, and we reverse. The attorney's fees will have to be reconsidered in light of our reversal on the will construction issue.
STATE OF TENNESSEE v. THOMAS COBURN
With Concurring and Dissenting Opinions
Steven M. Wallace, District Public Defender; and Terry L. Jordan, Assistant Public Defender, Blountville, Tennessee, for the appellant, Thomas Coburn.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Greeley Wells, District Attorney General; and Joseph E. Perrin, Assistant District Attorney General, for the appellee, State of Tennessee.
The Defendant, Thomas Coburn, was convicted by a Sullivan County jury of aggravated kidnapping, a Class B felony, and attempted rape, a Class C felony. The trial court sentenced the Defendant to nineteen years for the aggravated kidnapping and nine years for the attempted rape to be served consecutively in the Department of Correction. On appeal, the Defendant asserts the following: (1) his conviction for aggravated kidnapping violated federal and state due process protections and should be vacated under State v. Anthony, 817 S.W.2d 299 (Tenn. 1991); (2) the evidence establishing identification is insufficient to support his convictions for attempted rape and aggravated kidnapping beyond a reasonable doubt; and (3) the trial court erred in ordering the Defendant to serve consecutive sentences based upon the classification as a dangerous offender. We reverse the Defendant's conviction for aggravated kidnapping. We affirm the conviction for attempted rape.
TIPTON Concurring and Dissenting
STATE OF TENNESSEE v. WILLIAM ROBERT FRANKS
Mark E. Stephens, District Public Defender; Robert C. Edwards, Assistant District Public Defender,
for the appellant, William Robert Franks.
Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney
General; Randall E. Nichols, District Attorney General; Leslie Nassios, Assistant District Attorney
General, for the appellee, State of Tennessee.
The defendant, William Robert Franks, pled guilty to two counts of attempted aggravated sexual
battery, a Class C felony, and received an effective sentence of eight years as a Range II, multiple
offender, suspended to probation upon the service of nine months of incarceration. In August 2005,
a probation revocation warrant was filed, and in May 2006, a revocation hearing was held in Knox
County Criminal Court. The trial court revoked the defendant's probation and ordered the defendant
to serve the remainder of his sentence in the Tennessee Department of Correction. The defendant
appeals, arguing that the trial court acted in an arbitrary, non-conscientious manner in revoking the
defendant's probation. After reviewing the record, we affirm the judgment of the trial court.
STATE OF TENNESSEE v. ROYAL T. FREEMAN
Raymond Mack Garner, District Public Defender (at trial); and J. Liddell Kirk, Knoxville,
Tennessee (on appeal), for the Appellant, Royal T. Freeman.
Robert E. Cooper, Jr., Attorney General & Reporter; Brian Clay Johnson, Assistant Attorney
General; Michael L. Flynn, District Attorney General; and Tammy Harrington, Assistant District
Attorney General, for the Appellee, State of Tennessee.
A Blount County indictment charged the defendant, Royal T. Freeman, with the premeditated
first degree murder, see T.C.A. section 39-13-202(a)(1) (2006), of his wife, Kathleen Freeman. The
jury convicted the defendant of second degree murder. See id. section 39-13-210. On appeal, the
defendant argues that the evidence is insufficient to support a verdict of second degree murder
and that the trial court erred in allowing the jury to consider the charge of premeditated first
degree murder. After thoroughly reviewing the record, we affirm the judgment of the trial court.
STATE OF TENNESSEE v. CURTIS DANIEL HART
Gary F. Antrican, District Public Defender, Somerville, Tennessee, for the Appellant, Curtis Daniel Hart.
Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General;
Mike Dunavant, District Attorney General; and James Walter Freeland, Assistant District Attorney
General, for the Appellee, State of Tennessee.
The Appellant, Curtis Daniel Hart, was found guilty by a Tipton County jury of second degree
murder, simple possession of Alprazolam, a Schedule IV controlled substance, and simple
possession of marijuana. He was sentenced as a Range II offender to thirty-five years for second-degree murder and to eleven months and twenty-nine days for each simple possession conviction.
All sentences were ordered to run concurrently for an effective sentence of thirty-five years. On
appeal, Hart raises the following issues regarding his conviction for second-degree murder: (1)
whether the trial court erred in denying the motion to suppress his statement; and (2) whether the
evidence is sufficient to support his conviction, in light of the evidence presented that he acted in
self-defense. After review, we find no error and affirm the judgment of conviction.
STATE OF TENNESSEE v. JOHNNY JAMES LLOYD
James M. Webster, Oak Ridge, Tennessee (on appeal); Martha J. Yoakum, District Public Defender;
Charles E. Herman, Assistant District Public Defender (at trial), for the appellant, Johnny James
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General;
Wm. Paul Phillips, District Attorney General; Scarlett W. Ellis and Michael O. Ripley, Assistant
District Attorneys General, for the appellee, State of Tennessee.
In June 2006, the defendant, Johnny James Lloyd, was charged by criminal information with one
count of aggravated assault, a Class C felony. The defendant waived issuance of an indictment, pled
guilty, and was sentenced to five years in prison as a Range I, standard offender. The defendant filed
a timely motion to set aside his guilty plea. Following a hearing, the trial court denied the motion.
The defendant appeals, claiming his guilty plea was not entered into voluntarily and knowingly.
After reviewing the record, we affirm the judgment of the trial court.
STATE OF TENNESSEE v. DAVID THREAT
Robert Jones, District Public Defender; Glenda Adams and David Bell, Assistant Public Defenders
(at trial); and Phyllis Aluko, Assistant Public Defender (on appeal), for the appellant, David Threat.
Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General;
William L. Gibbons, District Attorney General; and James Lammey and Michelle Parks, Assistant
District Attorneys General, for the appellee, State of Tennessee.
The defendant, David Threat, was convicted by a Shelby County jury of first degree felony murder
and aggravated robbery, for which he received concurrent sentences of life and twelve years,
respectively. He raises three issues on appeal: (1) whether the trial court erred in denying his motion
to suppress his statements to police; (2) whether the trial court erred in admitting a store surveillance
videotape into evidence; and (3) whether the evidence was sufficient to sustain his felony murder
conviction. Following our review, we affirm the judgments of the trial court.
STATE OF TENNESSEE v. MARK ANTHONY VERMILLION
Stephen M. Wallace, District Public Defender; and Joseph F. Harrison, Assistant Public Defender,
for the Appellant, Mark Anthony Vermillion.
Robert E. Cooper, Jr., Attorney General & Reporter; Rachel West Harmon, Assistant Attorney
General; H. Greeley Wells, Jr., District Attorney General; and Joseph E. Perrin, Assistant District
Attorney General, for the Appellee, State of Tennessee.
The defendant, Mark Anthony Vermillion, pleaded guilty to acquiring a controlled substance by
forgery, see T.C.A. section 53-11-402(a)(3) (2006), a Class D felony, forgery, see id. section 39-14-114, and
theft of property under $500, see id. section 39-14-103, a Class A misdemeanor. As a result of his plea
agreement, he received an effective sentence of two years and six months with the manner of service
to be determined by the trial court. After an evidentiary hearing, the trial court ordered the defendant
to serve his entire sentence in the Department of Correction. The defendant appeals the trial court's
order and claims that the court erred in denying full probation or some other form of alternative
sentencing. We hold that the trial court did not err and affirm that court's order.
STATE OF TENNESSEE v. VANDA WATKINS
Randall B. Tolley (on appeal) and John P. Pritchard (at trial), Memphis, Tennessee, for the appellant, Vanda Watkins.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Tiffani Taylor and Bobby Carter, Assistant District Attorneys General, for the appellee, State of Tennessee.
The appellant, Vanda Watkins, pled guilty in the Shelby County Criminal Court to reckless
aggravated assault, a Class D felony, and pursuant to the plea agreement, received a two-year
sentence. After a sentencing hearing, the trial court ordered that the appellant serve his entire
sentence in confinement. On appeal, the appellant claims that the trial court erred by denying his
request for probation. Upon review of the record and the parties' briefs, we affirm the judgment of
the trial court.
Local School Board's Authority to Dismiss Employees
TN Attorney General Opinions
Opinion Number: 07-117
Lawrenceburg Utility Systems as Municipality under Tenn. Code Ann. Section 26-2-105
TN Attorney General Opinions
Opinion Number: 07-118
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|See the ABA YLD agenda here
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|The Memphis Daily News has this profile
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|Nominations sought for Access to Justice Awards
|The Tennessee Bar Association's Access to Justice Committee is soliciting nominations for the 2007-2008 Access to Justice Public Services Awards. Awards include the newly renamed Ashley T. Wiltshire Public Service Attorney of the Year Award, the Harris Gilbert Pro Bono Award and the Law Student Volunteer Award, which will be presented at the TBA Public Service Awards Luncheon scheduled for Jan. 19. The deadline for nominations is Aug. 24.
|Click here for more information or to submit a nomination
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