State to appeal lethal injection ruling

Tennessee's attorney general will appeal a federal judge's ruling that the state's three-drug method of lethal injection is cruel and unusual punishment, the Tennessean reports. Robert Cooper filed a motion telling the U.S. 6th Circuit Court of Appeals that the state plans to fight Judge Aleta Trauger's ruling last month in a death penalty case.
TODAY'S OPINIONS
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You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) 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. 2) 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.

STATE OF TENNESSEE v. MICHAEL SHAYNE COCHRAN

Court: TCCA

Attorneys:

C. Edward Fowlkes, Nashville, Tennessee, for the appellant, Michael Shayne Cochran.

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

Judge: OGLE

The appellant, Michael Shayne Cochran, pled guilty in the Davidson County Criminal Court to driving under the influence (DUI) per se. Pursuant to the plea agreement, the appellant received an eleven month, twenty-nine-day sentence to be served as fifty hours in confinement and the remainder on probation and agreed to pay a three hundred fifty dollar fine. The appellant also reserved a certified question of law as to whether the trial court erred by refusing to suppress his blood alcohol content (BAC) test results when the appellant decided soon after his blood had been drawn that he did not want to consent to the test. Upon our review of the record and the parties' briefs, we affirm the trial court's denial of the motion to suppress.

http://www.tba2.org/tba_files/TCCA/2007/cochranm_100507.pdf


STATE OF TENNESSEE v. MICHAEL R. KING
With Concurring Opinion


Court: TCCA

Attorneys:

Timothy V. Potter, Dickson, Tennessee, for the appellant, Michael R. King.

Robert E. Cooper, Jr., Attorney General & Reporter; and Mark A. Fulks, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Michael R. King, was indicted by the Dickson County Circuit Court Grand Jury on two counts of driving under the influence of an intoxicant (DUI), second offense. See T.C.A. section 55-10-401, -403(a)(1) (2004). He moved to suppress the results of his blood alcohol test. Following the circuit court's denial of the motion, a plea agreement resulted in a nolle presequi of count one (DUI), a guilty plea to count two (DUI per se, see id. section 55-10-401(a)(2)), and the reservation of a certified question of law: "Whether the trial court erred following a suppression hearing held on July 10, 2006, that the results of the Defendantís blood alcohol test may be admitted into evidence?" Because the certified question was not properly reserved for review, we dismiss the appeal.

http://www.tba2.org/tba_files/TCCA/2007/kingm_100507.pdf

TIPTON Concurring
http://www.tba2.org/tba_files/TCCA/2007/kingm_con_100507.pdf


STATE OF TENNESSEE v. JOSHUA J. MCKISSICK

Court: TCCA

Attorneys:

Ann M. Kroeger, Springfield, Tennessee, for the appellant, Joshua J. McKissick.

Robert E. Cooper, Jr., Attorney General & Reporter; Benjamin A. Ball, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Jason White, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The Robertson County Circuit Court found the defendant, Joshua J. McKissick, guilty of possession with intent to sell over 26 grams of cocaine, see T.C.A. section 39-17-417 (2006), after a bench trial on March 15, 2005, and sentenced the defendant to eight years in the Department of Correction. The defendant appealed, arguing: (1) that the general sessions court denied him counsel at the preliminary hearing in violation of his Sixth Amendment right to counsel; (2) that the trial court erred in denying his request for the identity of the confidential informant; (3) that the trial court erred in denying the suppression of evidence obtained in a search of the defendant's person incident to arrest; and (4) that the evidence was insufficient to convict the defendant of possession with intent to sell. After a thorough review of the record, arguments, and law, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/mckissickj_100507.pdf


STATE OF TENNESSEE v. CLEO PATTERSON
With Order Denying Petition to Rehear


Court: TCCA

Attorneys:

Cleo Patterson, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

The Petitioner, Cleo Patterson, appeals the trial court's denial of his petition for writ of error coram nobis and motion to reopen 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, Rules of the Court of Criminal Appeals. We conclude the State's motion has merit. Accordingly, the motion is granted and the judgment of the trial court is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.

http://www.tba2.org/tba_files/TCCA/2007/pattersonc_100507.pdf

Order Denying Petition to Rehear
http://www.tba2.org/tba_files/TCCA/2007/pattersonc_rehear_100507.pdf


STATE OF TENNESSEE v. JAMES LAMONT REAMS

Court: TCCA

Attorneys:

Ross E. Alderman, District Public Defender; and Emma Rae Tennent, Assistant Public Defender, for the appellant, James Lamont Reams.

Robert E. Cooper, Jr., Attorney General & Reporter; Preston Shipp, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Brian Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, James Lamont Reams, pleaded guilty to two counts of attempted aggravated sexual battery, see T.C.A. section 39 -12-101, -13-504 (2006), Class C felonies, and one count of sexual battery, see id. section 39-13-505, a Class E felony. The court sentenced him to a total effective sentence of eight years' probation and ordered "sex offender treatment" as a condition of probation. The defendant began attending a sex offender treatment program but was terminated from the program after several months. A probation violation warrant was served; the trial court revoked the defendant's probation and ordered him to serve his sentence in confinement. The defendant appeals, claiming that the trial court erred in revoking his probation because (1) the defendant was not notified that he would have to admit his guilt to be successful in the sex offender treatment program; (2) the treatment provider demanded that the defendant admit "to the treatment provider's personal version of the offense that exceeded the scope of the defendant's guilty plea"; and (3) the defendant complied with the objective standards of the treatment program. After a thorough review of the record and applicable law, we affirm the trial court's order.

http://www.tba2.org/tba_files/TCCA/2007/reamsj_100507.pdf


TODAY'S NEWS

Legal News
Politics
Disciplinary Actions
TBA Member Services

Legal News
Judge nullifies Knox County appointments
Knox County Chancellor Daryl R. Fansler today nullified the 12 appointments made Jan. 31 by the Knox County Commission, and permanently enjoined commissioners from deliberating in private. Commissioners who violate the injunction could be prosecuted for criminal contempt. The county has 30 days to appeal.
The News Sentinel has more
Bennett sworn in to appeals court
An investiture ceremony for recently appointed Court of Appeals Judge Andy Bennett was held today in the Old Supreme Court Chambers at the State Capitol. Bennett succeeds Justice William C. Koch, who was appointed to the Tennessee Supreme Court.
See photos from the event on TBALink
Dedrick, Yarbrough confirmed as U.S. Attorneys
James R. "Russ" Dedrick was confirmed late Thursday as U.S. Attorney for the Eastern District of Tennessee, and Ed Yarbrough was confirmed as U.S. Attorney for the Middle District of Tennessee.
Read more in the Chattanoogan.com
Civil rights groups question judge's actions
Three civil rights organizations sent a letter to the Disciplinary Counsel of the Tennessee Court of the Judiciary this week expressing concern over Circuit Court Judge W. Dale Young's treatment of Ana Calixto, the Daily Times reports. Witnesses reportedly have said that the judge dismissed Calixto's request for an order of protection from her estranged husband after asking the Calixtos if they were in the United States legally, telling them they had no rights in court, and instructing them to go back to their native countries.

Court comes down hard on music file sharing
The recording industry won the largest judgment so far against consumers who illegally download music over the Internet when a federal jury on Thursday ordered a 30-year-old Minnesota woman to pay $222,000 for copyright infringement.
Read more in the Los Angeles Times
Firm settles discrimination suit for $27.5 million
In a settlement that should send shock waves throughout many of the nation's major law firms, Chicago-based Sidley Austin has agreed to pay $27.5 million to resolve a landmark federal case alleging that the law firm discriminated against 32 of its own partners.
Read more in the ABA Journal Online
Politics
Herenton wins 5th term in Memphis
Memphis Mayor Willie Herenton won a fifth term in office Thursday, outpolling City Councilwoman Carol Chumney and former Memphis Light, Gas and Water Division CEO Herman Morris. Herenton's 42.4 percent of the vote put him easily ahead of Chumney at 34.6 percent and Morris at 21.3 percent, but it was his stiffest challenge since becoming the city's first black elected mayor in 1991.
The Commercial Appeal has more
Candidates set to vie for Crutchfield Senate seat
Democrat Andy Berke and Republican Oscar Brock wrapped up wins in District 10 state Senate primary voting Thursday, earning positions in the Nov. 15 general election to replace Ward Crutchfield as state senator.
Get the full results in the Chattanoogan.com
Disciplinary Actions
Two attorneys reinstated
Mark Kelley Braswell of Washington, DC and Lisa B. Harris of Memphis have been reinstated to the practice of law in Tennessee after paying the annual BPR fee.
View all attorneys suspended and reinstated for 2007 fee violations
Knoxville lawyer suspended
Aubrey Lewis Davis was temporarily suspended on Sept. 15 for failing to respond to the Board of Professional Responsibility regarding a misconduct complaint against him.
Read the BPR release
Nashville lawyer suspended
G. Thomas Nebel was temporarily suspended on Sept. 25 for failing to respond to the Board of Professional Responsibility regarding a misconduct complaint against him.
Read the BPR's notice
TBA Member Services
Student loans at low rates through SunTrust
The TBA and SunTrust Bank now have a Partnership Program to help alleviate the burden of student loans. Members and their families can consolidate their federal student loans at a special low fixed rate - right now as low as 5.375 percent. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5 percent for on-time payments and automatic debit payments.
Learn more

 
 
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