Ford sentenced to five and a half years in prison

Former state Sen. John Ford was sentenced today to five and a half years in federal prison for his conviction in the FBI's "Tennessee Waltz" sting. He was found guilty of taking $55,000 in bribes last April. In handing down the sentence, U.S. District Court Judge J. Daniel Breen said he was not convinced that Ford truly believed that he did wrong and that the sentence was intended to be a deterrence to others. In response, Ford said that he "accept[s] the jury's verdict and take[s] full, total and complete responsibility for [his] actions." Ford will remain free pending notification from the U.S. Bureau of Prisons as to where and when he is to report. Read more in the Commercial Appeal
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Court: TCA


Robert E. Cooper, Jr., Attorney General and Reporter, and Juan G. Villasen_or, Assistant Attorney General, Nashville, Tennessee, for the appellant, State of Tennessee ex rel. Sandra J. Franklin.

Kevin Hurley, appellee, pro se.


This case involves the issue of a father's alleged obligation to pay child support for a period of approximately a year and a half. Because we hold that the trial court failed to correctly apply the concept of deviation under the Child Support Guidelines, we vacate so much of the judgment of the trial court as fails to order the father to pay child support for the period April 16, 2005, to October 2, 2006. This case is remanded for further proceedings.


Court: TCA


J. Timothy Street, Franklin, Tennessee, for the Appellant, Marc. A. Glinstra.

Virginia Lee Story, Franklin, Tennessee, for the Appellee, Candice M. Lannin-Glinstra.


In this divorce case, the Trial Court apparently determined that Marc A. Glinstra ("Father") was willfully and voluntarily underemployed and set his income at $5,000 per month. Utilizing that figure, the Trial Court set Father's child support obligation and thereafter concluded that Candice M. Lannin-Glinstra ("Mother") was entitled to rehabilitative alimony of $1,500 per moth for a period of four years, and alimony in solido of $10,000 for payment of attorney fees. Father appeals the Trial Court's determination that he was willfully and voluntarily underemployed and that, therefore, his income should be set at $5,000 per month. Father also challenges the amount of his child support payment and claims that the Trial Court erred when it determined that Mother was entitled to alimony. We vacate those portions of the Trial Court's judgment determining Father's income and setting his child support and alimony obligations, and remand for further proceedings consistent with this opinion.


Court: TCA


Howard B. Jackson, Knoxville, Tennessee, and G. Michael Yopp, Nashville, Tennessee, for the appellant, Frank E. Haren, Sr.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Stuart G. Richeson, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee, Commissioner of Revenue.


Frank E. Haren, Sr., ("Haren") is the sole proprietor of an entity that exists under the name of F.E.H. Enterprises ("F.E.H."). He is also the chief executive officer and a stockholder of a corporation named Haren Construction Company, Inc. Haren attended auctions in Tennessee and other states and purchased used construction equipment in the name of F.E.H. Haren would represent to the various auction companies with which he dealt that the equipment was being purchased for resale, thereby avoiding the payment of sales tax. Following these transactions, Haren Construction would reimburse F.E.H. for the amount of Haren's successful bids. It would not pay F.E.H. any sales tax on these transactions. The Tennessee Commissioner of Revenue ("the Commissioner") determined that Haren had fraudulently avoided the payment of sales tax. The Commissioner issued a tax assessment against Haren individually for the sales tax due on the purchases of the equipment by Haren Construction from F.E.H., as well as an additional assessment for fraud. Haren filed suit challenging the assessment. The trial court upheld the amount of the assessment as well as the fraud penalty. We affirm.


Court: TCA


David L. Cooper, Nashville, Tennessee, for the appellant, Leslie Quimby Allen.

Michael D. Cox, Columbia, Tennessee, for the appellees, William E. Sulcer, individually, William E. Sulcer and Ella Will Sulcer, Trustees for and Lifetime Beneficiaries of the Sulcer Family Trust, and Sulcer Family Trust.


This is a negligence action. A landlord instructed his tenant to prune large limbs from a tree on the rental property with a chainsaw. The tenant's eighteen year old daughter was assisting by clearing the limb debris and sustained severe internal injuries from a falling limb. The daughter instituted this negligence action against the landlord, relying on theories of the landlord's negligence and vicarious liability. The trial court granted summary judgment for the defendant landlord. Finding that the defendant did not carry his burden on the issue of the duty to select a competent contractor, we reverse and remand.


Court: TCCA


Donald E. Dawson and Catherine Y. Brockenborough, Nashville, Tennessee, for the appellant, James A. Dellinger.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Mark E. Davidson, Assistant Attorney General; Michael L. Flynn, District Attorney General; Rocky H. Young, Assistant District Attorney General, for the appellee, State of Tennessee.


The petitioner, James A. Dellinger, appeals as of right from the order of the Blount County Circuit Court denying his petition for post-conviction relief from his 1992 conviction for first degree murder and resulting death sentence. The petitioner claims that (1) this court should review the trial court's opinion in its entirety under a purely de novo standard of review; (2) an incorrect and unconstitutional burden of proof has been applied to the petitioner's claims of ineffective assistance of counsel; (3) his conviction and death sentence violate his rights to due process because he is actually innocent of the conviction offense; (4) the state withheld exculpatory information at the trial; (5) counsel provided ineffective assistance to him at trial and on appeal;(6) the petitioner was not afforded a full and fair hearing of his post-conviction petition in violation of his due process rights; (7) the death sentence is unconstitutional because it infringes upon the petitioner's fundamental right to life; (8) the aggravating factor used in support of the death sentence was not included in the indictment and returned by the grand jury; (9) Tennessee's death sentence is unconstitutional because prosecutors are given absolute discretion to pursue or to forego the pursuit of the death sentence in each case; (10) execution by lethal injection violates the principles against cruel and unusual punishment; (11) the petitioner's conviction and death sentence are in violation of international law; and (12) Tennessee's death penalty scheme is unconstitutional. We conclude that no error exists, and we affirm the judgment of the trial court.


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