| |
Bredesen appoints Dinkins to Court of Appeals seat
Gov. Phil Bredesen today appointed Richard H. Dinkins of Nashville to fill the vacancy on the Tennessee Court of Appeals, Middle Section. The vacancy was created by the death of Judge William Bryan Cain in September. "Richard Dinkins has developed extensive experience in his career with the Davidson County Chancery Court and in the private sector, and I am confident that he will serve the Tennessee Court of Appeals with honor and integrity," Bredesen said in making the appointment. Read the governor's announcement
|
TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database or to obtain a text version of each opinion, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at the TBA's Membership Central.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
11 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
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.
|
|
|
|
|
|
IN RE A.T.P., C.IG., D.P., & A.V.P. II
Court: TCA
Attorneys:
Michelle Benjamin, Winchester, Tennessee, for the appellant, A.P.
Robert E. Cooper, Jr., Attorney General & Reporter; Amy T. McConnell, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee, Department of Children's
Services.
Judge: LEE
Father appeals the trial court's ruling declaring his four children to be dependent and neglected and argues that the trial court's finding that he committed severe child abuse was not supported by clear and convincing evidence. Father also contends that the trial court abused its discretion by not granting his motions for a new trial upon the ground that newly discovered evidence will alter the
trial court’s decision and upon the further ground that the trial court failed to appoint a preference guardian ad litem in compliance with Tenn. S. Ct. R. 40(e). After careful review, we conclude that the record contains clear and convincing evidence that Father committed severe child abuse, and that the trial court did not abuse its discretion in denying Father's motions for a new trial. Accordingly,
the judgments of the trial court are affirmed in all respects.
http://www.tba2.org/tba_files/TCA/2008/atp_01108.pdf
RICHARD C. ANDERSON v. HOWARD CARLTON, WARDEN
Court: TCCA
Attorneys:
Richard C. Anderson, Pro Se, Mountain City, Tennessee.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General, for the appellee, State of Tennessee.
Judge: MCLIN
The petitioner, Richard C. Anderson, appeals the criminal court's order summarily dismissing his pro se petition for writ of habeas corpus. Following our review of the record and applicable law, we affirm the court's order.
http://www.tba2.org/tba_files/TCCA/2008/andersonr_110807.pdf.pdf
STATE OF TENNESSEE v. RODERICK CHAPMAN
Court: TCCA
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Pam Fleming, Assistant District Attorney General; and David Pritchard, Assistant District Attorney General, for the appellee, State of Tennessee.
Garland Erguden, Assistant Public Defender; Rusty White, Assistant District Public Defender; and Michael Johnson, Assistant District Public Defender, for the appellant, Roderick Chapman.
Judge: WITT
The defendant, Roderick Chapman, pleaded guilty to counts of burglary and aggravated assault and was sentenced as a Range II offender in Shelby County Criminal Court to an effective five- year term to be served in a community corrections program, with the first year to be served in the
Synergy drug treatment program. On January 5, 2007, the court revoked the community corrections sentence and resentenced the defendant as a career offender to serve twelve years in the Department of Correction. From that order, the defendant appeals. Upon review, we affirm
the judgment below as modified.
http://www.tba2.org/tba_files/TCCA/2008/chapmanr_011108.pdf
MICHAEL A. DEGROAT, JR. v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Charles B. Griffith, Nashville, Tennessee, for the Appellant, Michael A. DeGroat, Jr.
Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Mary Katherine White, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: HAYES
The Appellant, Michael A. DeGroat, Jr., appeals the denial of his petition for post-conviction relief by the Williamson County Circuit Court. In 2004, based upon the advice of trial counsel, DeGroat entered guilty pleas to attempted second degree murder, aggravated kidnapping, aggravated burglary, and theft over $1,000, and the trial court subsequently ordered him to serve an effective sentence of
eighty-three years in confinement. DeGroat filed the instant petition for post-conviction relief in 2006, asserting ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court found that trial counsel had provided constitutionally effective assistance and denied DeGroat relief. After a thorough review of the record, we conclude that DeGroat was denied the effective
assistance of counsel as guaranteed by the Sixth Amendment. Accordingly, we reverse the judgments of conviction and remand with instructions that DeGroat's guilty pleas be vacated and that the case proceed as provided by law.
http://www.tba2.org/tba_files/TCCA/2008/degroatm_011108.pdf
CARL RONALD DYKES v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Russell Anne Swafford, Dunlap, Tennessee, for the appellant, Carl Ronald Dykes.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; James Michael Taylor, District Attorney General; and Steven H. Strain, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The petitioner, Carl Ronald Dykes, appeals from the denial by the Marion County Circuit Court of his petition for post-conviction relief, alleging that his trial counsel rendered ineffective assistance and that he should be granted a delayed direct appeal of his convictions. After reviewing the record and the applicable law, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2008/dykesc_011108.pdf
STATE OF TENNESSEE v. JOSEPH RAY EVANS
Court: TCCA
Attorneys:
Mike J. Urquhart, Nashville, Tennessee, for the Appellant, Joseph Ray Evans.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Hugh Garrett, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: HAYES
The Appellant, Joseph Ray Evans, appeals the sentencing decision of the Davidson County Criminal Court. Under the terms of an "open" plea agreement, Evans pled guilty to attempted aggravated sexual battery, a Class C felony, and received the minimum sentence of three years, suspended, to be followed by six years of supervised probation. On appeal, Evans argues that the trial court's imposition of six years probation instead of three years was error. Following review of the record, we find no error and affirm the sentence as imposed.
http://www.tba2.org/tba_files/TCCA/2008/evansj_011108.pdf
STATE OF TENNESSEE v. JOHN LYNCH
Court: TCCA
Attorneys:
Hershell D. Koger, Pulaski, Tennessee, for the Appellant, John Edward Lynch.
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Rachel West Harmon, Assistant Attorney General; Chuck Crawford, District Attorney General; Weakley E. Barnard, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
The Petitioner, John Lynch, pled guilty to violating the Habitual Motor Vehicle Offender Act, and the trial court sentenced him to three years in confinement. The Petitioner filed a petition for post- conviction relief, which the court denied. He now appeals, challenging the standard for post- conviction relief in Tennessee and claiming he received the ineffective assistance of counsel. After a thorough review of the record and the applicable law, we affirm the post-conviction court's judgment.
http://www.tba2.org/tba_files/TCCA/2008/lynchj_011108.pdf
STATE OF TENNESSEE V. JEANIE MARIE SEALS
Court: TCCA
Attorneys:
Jonathan M. Holcomb, Morristown, Tennessee, for the Appellant Jeanie Marie Seals.
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Rachel West Harmon, Assistant Attorney General; C. Berkeley Bell, District Attorney General; Victor Vaughn, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
A Hamblen County jury convicted the Defendant of one count of second degree murder, and the trial court sentenced her to twenty years. On appeal, she contends that: (1) the evidence is insufficient to sustain her conviction; (2) the trial court erred when it admonished her counsel in front of the jury; (3) the trial court denied her constitutional right to present a defense; and (4) the trial court should have ordered a new trial because a juror made false statements during voir dire. We conclude that, because the Defendant claimed self-defense at trial, the trial court erred when it refused to admit testimony about a prior incident in which the victim threatened the
Defendant's life. Further, we conclude that this error is not harmless beyond a reasonable doubt. Accordingly, we reverse the judgment of the trial court and remand for a new trial on the charge of second degree murder.
http://www.tba2.org/tba_files/TCCA/2008/sealsj_011108.pdf
THOMAS concurring
http://www.tba2.org/tba_files/TCCA/2008/sealsj_con_011108.pdf
STATE OF TENNESSEE V. TWAIN DEMARIO VAUGHN
Court: TCCA
Attorneys:
Eileen M. Parrish and Jeffrey Powell, Nashville, Tennessee, for the Appellant, Twain DeMario Vaughn.
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Jeff Burks and Kathy Morante, Assistant District Attorneys General, for the Appellee, State of
Tennessee.
Judge: WEDEMEYER
A Davidson County jury convicted the Defendant of one count of reckless homicide, one count of felony murder, one count of aggravated robbery, and two counts of attempted aggravated robbery. The reckless homicide conviction was merged into the felony murder conviction, and the trial court sentenced the Defendant to, effectively, life in prison. On appeal, the Defendant alleges four errors: (1) the State committed a Brady violation, entitling him to a new trial; (2) the trial court erred in refusing to admit evidence of the victim's toxicology report; (3) the State
presented insufficient evidence to support the Defendant's conviction for felony murder; and (4) the trial court erred in refusing to grant a motion for judgment of acquittal as to the first-degree premeditated murder charge. After a thorough review of the record and applicable law, we
affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2008/vaughnt_011108.pdf
STATE OF TENNESSEE v. JAMES BRADLEY WARNER
Court: TCCA
Attorneys:
David Hamblen (at trial) and James T. Powell (on appeal), Union City, Tennessee, for the appellant, James Bradley Warner.
Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Kevin McAlpin, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
An Obion County Circuit Court jury convicted the appellant, James Bradley Warner, of facilitation of theft of property valued between $1000 and $10,000, a Class E felony. The trial court sentenced him to four years to be served consecutively to an earlier sentence stemming
from a parole violation. On appeal, the appellant contends that the evidence is insufficient to support his conviction because the State did not prove that he knew the items were stolen at the time he helped sell them. Based upon the record and the parties' briefs, we affirm the jury's
guilty verdict.
http://www.tba2.org/tba_files/TCCA/2008/warnerj_011108.pdf
MARTINO WRIGHT v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
David Christensen, Memphis, Tennessee, for the appellant, Martino Wright.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Anita Spinetta, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
The petitioner, Martino Wright, pled guilty to two counts of especially aggravated robbery and received a total effective sentence of thirteen and one-half years incarceration in the Tennessee Department of Correction. Thereafter, he filed a petition for post-conviction relief, alleging that his counsel were ineffective and that as a result of a multitude of errors his guilty plea was not a knowing and voluntary choice. The post-conviction court denied the petition, and the petitioner timely appealed. Upon review of the record and the parties' briefs, we affirm the judgment of
the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2008/wrightm_011108.pdf
WILLIAM DOUGLAS ZUKOWSKI v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
John T. Harding, Nashville, Tennessee, for the appellant, William Douglas Zukowski.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Brian Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The petitioner, William Douglas Zukowski, was convicted of five counts of rape of a child and sentenced to twenty-five years on each count, to be served consecutively for a total effective sentence of 125 years. He later pled guilty to three additional counts of rape of a child and one count of
aggravated rape and accepted a sentence of twenty-five years, to be served concurrently with his prior sentence. On direct appeal, this court affirmed his convictions. In his petition for post- conviction relief, the petitioner contends he received ineffective assistance of counsel. After review,
we affirm the judgment from the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2008/zukowskiw_011108.pdf
|
|
 |
|
| TODAY'S NEWS |
|
Legal News
Legislative News
TBA Member Services
|
| Legal News |
| Justice center project moving ahead |
| Maury County expects to seek bids for a new $15 million justice center this summer. The new facility, to be located near the intersection of Woodland and East 6th streets, would replace the county's century-old courthouse downtown and would house all court-related functions for the future. |
Read more in the Daily Herald
|
| Oak Ridge election results back in court |
| Oak Ridge attorney David Stuart on Thursday again filed a notice of appeal in his election contest case against General Sessions Judge Donald A. Layton. The notice marks the second time that Stuart has appealed the case, after dismissals from Senior Judge Jon Kerry Blackwood. The election battle started in 2006 when Layton, the Republican incumbent, defeated Stuart by 119 votes. |
Read more in the Oak Ridger
|
| In defense of 'trial lawyers' |
| Why is the term "trial lawyer" exclusively applied to the plaintiff's bar and why has it developed such a negative connotation? The Wall Street Journal's Law Blog looks at the question of why other lawyers who try cases -- corporate defense lawyers, matrimonial lawyers, patent lawyers and more -- are not put under the same label. |
Read comments and a letter to the editor that sparked the discussion
|
| Patton, Pittman's new office boosts 'Lawyers Row' |
| Devastated by a tornado nine years ago, Clarksville's "Lawyers Row," a section of Third Street in the city's historic district is coming back. The Leaf Chronicle looks at one of the latest additions, new offices for Patton and Pittman Attorneys-at-Law. |
Read more about it
|
| Public defender office adds attorney |
| The 29th Judicial District's Public Defender office, covering Dyer and Lake counties, has added a new assistant public defender, Cristy Cooper. Funding came to add the position after a weighted caseload report showed the district could use additional resources. The District Attorney General's office also received additional staffing last year, the Dyersburg State Gazette reports.
|
|
| Student group get courthouse experience |
| A group of 30 high school girls from the Howard School of Academics and Technology spent a day meeting with judges and other officials at the Hamilton County Courthouse as part of a mentoring program sponsored by the National Coalition of 100 Black Women. |
Read more about the event in Chattanoogan.com
|
| Legislative News |
| Follow legislative progress |
| Stay abreast of key legislation in the Tennessee General Assembly with the TBA bill tracking service. |
Access TBA bill tracking service
|
| TBA Member Services |
| Health savings accounts now available |
| The TBA has partnered with First Horizon Msaver Inc. to offer Health Savings Accounts (HSAs) and HSA-qualified health plans for individuals and groups to members. HSAs are tax-advantaged accounts that let you set aside money to pay for current and future medical expenses. For more information, or to obtain an instant quote for an HSA-qualified health plan, call the TBA's dedicated toll-free customer care line at (866) 257-2659 or visit the TBA member web site.
|
Click here
|
| |
|
