ABA President-elect brings 'listening tour' to Nashville

American Bar Association President-elect Tommy Wells led a session on increasing diversity in the legal profession and spoke on "common core values" of the profession today during a program at Lipscomb University sponsored jointly by the Tennessee Bar Association and the school's Institute for Law, Justice and Society.

http://www.tba2.org/tbatoday/news/2007/wellsvisit_110707.html

TODAY'S OPINIONS
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PAUL S. BUSH v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Comer L. Donnell, District Public Defender, and Thomas H. Bilbrey, Assistant Public Defender, for the appellant, Paul S. Bush.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Linda D. Walls and Howard L. Chambers, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The petitioner, Paul S. Bush, appeals the dismissal of his petition for post-conviction relief and contends that he received ineffective assistance of counsel regarding his guilty plea. Specifically, the petitioner argues that counsel met with him only three or four times, failed to sufficiently review the plea agreement with him, told him he had to take the plea, made no attempt to have him mentally evaluated, failed to file a motion to suppress, and failed to review discovery materials with him prior to entering his guilty plea. After careful review, we conclude that no error exists and affirm the judgment from the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2007/bushp_110707.pdf


STATE OF TENNESSEE v. JAMES ALTON CAMPBELL a/k/a JAMIE CAMPBELL

Court: TCCA

Attorneys:

Philip A. Condra, District Public Defender, and Robert G. Morgan, Assistant District Public Defender, for the appellant, James Alton Campbell a/k/a Jamie Campbell.

Robert E. Cooper, Jr., Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steve Strain, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, James Alton Campbell, was convicted of aggravated assault and sentenced as a Range III, persistent offender to 15 years' incarceration. In this appeal, he challenges the sufficiency of the evidence, the admission of a photograph depicting the victim's injury, and the length of his sentence. Finding no reversible error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/campbellj_110707.pdf


PATRICK COLLIER v. CHERRY LINDAMOOD, WARDEN

Court: TCCA

Attorneys:

Patrick Collier, Clifton, Tennessee, Pro Se.

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

Judge: MCLIN

The petitioner, Patrick Collier, appeals from the circuit court's summary dismissal of his pro se petition for writ of habeas corpus. Following our review of the record and applicable law, we affirm the dismissal of the petition.

http://www.tba2.org/tba_files/TCCA/2007/collierp_110707.pdf


RICO M. GROSS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Mary L. Mitchell, Nashville, Tennessee, for the appellant, Rico M. Gross.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. (Torry) Johnson III, District Attorney General; Bret Gunn, Assistant District Attorney General; and Benjamin Winters, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Petitioner, Rico M. Gross, appeals the post-conviction court's denial of his petition for post- conviction relief in which he alleged that his plea of guilty to the offense of second degree murder was not voluntarily and knowingly entered into, and that his trial counsel rendered ineffective assistance of counsel. After a thorough review of the record, we affirm the judgment of the post- conviction court.

http://www.tba2.org/tba_files/TCCA/2007/grossr_110707.pdf


STATE OF TENNESSEE v. KENNETH BRYAN HARRIS

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Scott R. McMurtry, Assistant District Attorney General, for the appellant, State of Tennessee.

G. Frank Lannom, Lebanon, Tennessee, for the appellee, Kenneth Bryan Harris.

Judge: WILLIAMS

This is a State appeal of the trial court's dismissal of an indictment on the basis of a speedy trial violation. After review, we affirm the dismissal.

http://www.tba2.org/tba_files/TCCA/2007/harrisk_110707.pdf


STATE OF TENNESSEE v. TERESA L. HERMAN

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Michel Claire Bottoms, Assistant District Attorney General, for the appellant, State of Tennessee.

Bernard F. McEvoy (on appeal) and Ana Escobar (at trial), Nashville, Tennessee, for the appellee, Teresa L. Herman.

Judge: OGLE

The defendant, Teresa L. Herman, pled guilty to possession of marijuana and driving under the influence (DUI). For each offense, she was sentenced to eleven months and twenty-nine days, to be served consecutively. The sentences were to be suspended after the defendant served forty-eight hours in a jail or workhouse as required by Tennessee Code Annotated section 55-10-401(a)(1) (2004). At the defendant's request, the trial court granted the defendant jail credit for time she spent during an inpatient evaluation for competency to stand trial, which credit was to apply toward the mandatory service of forty-eight hours in a jail or workhouse. On appeal, the State challenges the trial court's authority to grant such credit. Upon review of the record and the parties' briefs, we conclude that the defendant was entitled to sentencing credit to be applied toward the satisfaction of her sentence; however, the credit should not have applied toward the mandatory service of forty- eight hours in the jail or workhouse. Therefore, we must remand to the trial court for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2007/hermant_110707.pdf

SMITH dissenting
http://www.tba2.org/tba_files/TCCA/2007/hermant_dis_110707.pdf


ROGER T. JOHNSON v. WAYNE BRANDON, WARDEN

Court: TCCA

Attorneys:

Roger T. Johnson, Only, Tennessee, Pro Se.

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

Judge: GLENN

The petitioner, Roger T. Johnson, appeals from the trial court's denial of his petition for habeas corpus relief from his convictions for first degree murder and second degree murder. Because we find that the petitioner has failed to allege a cognizable claim for habeas corpus relief, we affirm the denial of the petition.

http://www.tba2.org/tba_files/TCCA/2007/johnsonr_110707.pdf


STATE OF TENNESSEE v. MARK C. NOLES

Court: TCCA

Attorneys:

David O. Haley, Murfreesboro, Tennessee, for appellant, Mark C. Noles.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Bill Whitesell, District Attorney General; and Trevor H. Lynch, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The appellant, Mark C. Noles, was convicted by a jury of attempted aggravated arson and sentenced to seventeen years as a Range II multiple offender. On appeal, the appellant challenges the sufficiency of the evidence, the trial court's instruction to the jury regarding accomplice testimony and whether the trial court denied the appellant his right to allocution at the sentencing hearing. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/nolesm_110707.pdf


STATE OF TENNESSEE v. KENNY RAY O'DELL

Court: TCCA

Attorneys:

Edward Cantrell Miller, District Public Defender; Keith E. Haas, Assistant Public Defender, for the appellant, Kenny Ray O'Dell.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; James B. Dunn, District Attorney General; and Amanda H. Inman, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Defendant appeals his sentences as a result of guilty pleas to two counts of robbery, a class C felony. Defendant was sentenced by the trial court as a Range I Standard Offender to one six-year term for case number 0015 to be served in the Tennessee Department of Correction and one six-year term, suspended, for case number 0016 to be served on probation. Defendant was also ordered to pay $6,999.00 in restitution for case number 0015 and $621.00 in restitution for case number 0016. The sentences are to be served consecutively. On appeal Defendant argues that he should have received a sentencing alternative other than incarceration and that the sentences should have been ordered to be served concurrently with each other. He does not challenge the length of the individual sentences or the amounts of restitution. After a thorough review of the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/odellk_110707.pdf


STATE OF TENNESSEE V. LAMANNUEL DEQUAN STOCKARD

Court: TCCA

Attorneys:

Nathan Moore, Nashville, Tennessee, for the defendant, Lamannuel Dequan Stockard.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, 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, Lamannuel Dequan Stockard, appeals from the judgment of the Davidson County Criminal Court revoking his probation and imposing service of the remainder of his sentence for voluntary manslaughter in confinement. In this appeal, the defendant argues that the trial court erred in revoking his probation. Following our review of the record, parties' briefs, and the applicable law, we determine no error exists in the court's revocation of probation, and thus affirm the court's judgment.

http://www.tba2.org/tba_files/TCCA/2007/stockardl_110707.pdf


TODAY'S NEWS

Legal News
Supreme Court Report
Legislative News
Disciplinary Actions
TBA Member Services

Legal News
Cooley issues annual law school rankings
The Thomas M. Cooley Law School has released its annual ranking of the nation's law schools. Within Tennessee, the survey ranks the law schools in the following order: Vanderbilt University Law School, University of Tennessee College of Law and the University of Memphis School of Law.
View the factors used in the study
Read about rankings nation wide
Pro se litigants on the rise
The Associated Press looks at the rising number of litigants representing themselves in court, and the challenges this dynamic poses for the legal system. WATE News Channel 6 carried the report.
Read more here
Survey reveals 'unhappiest' associates
The unhappiest attorneys in the nation's top law firms are minority female midlevel associates, according to a new American Lawyer survey. The survey found that women of color express less satisfaction and encounter more obstacles in their career than any other demographic, and that more minority female midlevels were actively looking for a new job than any other group. Law.com reports on the survey's findings.
Learn more
Court denies stay of Reid execution
The state Supreme Court today rejected a motion by Paul Dennis Reid to stay his execution. Reid's lawyers argued that the Jan. 3 execution date cuts short the time necessary to file a post-conviction petition in state court and a petition for writ of habeas corpus in federal court, and impedes orderly litigation of an appeal challenging Tennessee's lethal injection.
Read the order
County seeks bids for Justice Center expansion
The Cumberland County Finance Committee is accepting bids for expanding and renovating the county jail and justice center. The work will include constructing a 96-bed pod unit, building additional courtrooms and incorporating the old high school into the project.
The Crossville Chronicle has more
Inmates go back to Polk jail
The Polk County Sheriff's Department has begun transferring inmates from the Bradley County Jail to the new Polk County Justice Center. The new facility is certified for 150 inmates, compared with the 33 that were available when the jail was shut down in August.
The Chattanooga Times Free Press has the story
Judge says museum's board needs diversity
The National Civil Rights Museum in Memphis is drawing criticism that its governing board is too white and too closely tied to big business. One outspoken critic is Judge D'Army Bailey who played a major role in the museum's founding. He recently commented that "The board should more nearly approximate the soldiers of the civil rights movement that it celebrates, and they were overwhelmingly African-American."
Read more in the Daily News
British law firm launches online chat service
British plaintiff's firm Pannone LLP has launched a new web facility that enables potential claimants to chat live online with a lawyer to determine the merits of their case. The move ranks the firm among the first in the world to provide a free and immediate response to potential clients.
Webwire carried the story
Supreme Court Report
Court considers FedEx age discrimination case
The U.S. Supreme Court signaled Tuesday that employees who claim job discrimination should not suffer because the Equal Employment Opportunity Commission makes mistakes when investigating their allegations. At issue is whether the EEOC's failure to notify FedEx Corp. about a complaint should lead to dismissal of the lawsuit. A decision should come in the next few months.
The Memphis Daily News covered the arguments made in court
Justices take up arbitration case
A seemingly divided Supreme Court today debated whether the judiciary should play a role in arbitration cases. On one side are those who say the courts' role should be limited with deference given to the arbitrator. On the other side are those who argue the courts should step in and correct mistaken decisions by arbitrators.
The Times News has the story
Legislative News
Knoxville council backs sunshine law
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The News Sentinel reports
Meanwhile, state Rep. Bill Dunn, R-Knoxville, has proposed changing the state's Open Meetings Act to allow elected officials to communicate on a one-on-one basis, provided what they say is open to the public. His solution: online chats.
Read about it in the New Sentinel
Disciplinary Actions
Two attorneys reinstated
John Thomas Harding of Goodlettsville and Thomas Michael Leveille of Knoxville have been reinstated to the practice of law in Tennessee after complying with requirements for continuing legal education.
View all attorneys suspended and reinstated for 2006 CLE violations
TBA Member Services
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Online legal research is now available free to all Tennessee Bar Association members through an agreement with Fastcase, a leading online legal research firm. The new TBA member benefit is national in scope and offers TBA members unlimited usage, unlimited customer service and unlimited printing -- all at no cost. Log in with your TBALink password.
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