Swearing-in ceremony highlight of TBA Academy

A select group of Tennessee attorneys will soon experience the honor of being admitted to practice before the U.S. Supreme Court in a private swearing-in ceremony at the 25th Annual TBA Academy. This year's Academy is scheduled for Dec. 14-15. Join TBA President Buck Lewis and other leaders in the Tennessee legal community in this exciting program. Contact TBA CLE Director Therese Byrne at (800) 899-6993 or by email to learn more.
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.

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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. RICHARD BURTON

Court: TCCA

Attorneys:

Tom W. Crider, Trenton, Tennessee, for the appellant, Richard Burton.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Garry G. Brown, District Attorney General; Edward L. Hardister and Harold E. Dorsey, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Richard Burton, was convicted of one count of introducing contraband into a penal institution. On appeal, he argues that he was erroneously convicted of an offense for which he was not indicted. In addition, the defendant argues that the trial court's interpretation of the statute resulted in a duplicitous indictment and the trial court's jury charge prevented a unanimous jury verdict. Following our review of the parties' briefs, the record, and the applicable law, we reverse the judgment of the trial court, vacate the conviction and dismiss the charges against the defendant.

http://www.tba2.org/tba_files/TCCA/2008/burtonr_071108.pdf


STATE OF TENNESSEE v. JOHNNY B. COX

Court: TCCA

Attorneys:

George Morton Googe, District Public Defender, and Gregory D. Gookin, Assistant Public Defender, for the appellant, Johnny B. Cox.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; James G. Woodall, District Attorney General; and Shaun Alan Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Johnny B. Cox, was convicted by a Madison County Circuit Court jury of two counts of assault, a Class A misdemeanor. He was sentenced to the maximum sentence of eleven months and twenty-nine days for each count, to be served consecutively, with his release eligibility set at seventy-five percent. The defendant was ordered to pay a fine of $2500 for the first count and a fine of $500 for the second count. In this appeal, the defendant raises the issue of whether the evidence was sufficient to support his convictions. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/coxj_071108.pdf


STATE OF TENNESSEE v. CAMELIA MONIQUE FIELDS

Court: TCCA

Attorneys:

Gregory D. Gookin, Jackson, Tennessee, for the appellant, Camelia Monique Fields.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; James G. Woodall, District Attorney General; and Alfred L. Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

The appellant pled guilty in the Madison County Circuit Court to theft of property valued between $1,000 and $10,000. The trial court sentenced her as a Range I, standard offender to two years to be served on probation supervised by Community Corrections. On appeal, the appellant contends that the trial court erroneously denied her request for judicial diversion. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/fieldsc_071108.pdf


STATE OF TENNESSEE v. MONTREAL LYONS

Court: TCCA

Attorneys:

Gerald S. Green, Memphis, Tennessee, for the Appellant, Montreal Lyons.

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

Judge: SMITH

Appellant, Montreal Lyons, was convicted by a Shelby County jury of four counts of aggravated robbery and one count of especially aggravated kidnapping. The trial court merged the four aggravated robbery convictions into two convictions. Appellant was sentenced as a Range I, Standard Offender to twelve years for each aggravated robbery conviction and as a Range I, Violent Offender to twenty years for the especially aggravated kidnapping conviction. The trial court ordered the sentences to run consecutively to each other, for a total effective sentence of forty-four years. On appeal, Appellant challenges the sufficiency of the evidence to support the especially aggravated kidnapping conviction and his sentence. Because the evidence was sufficient to support the conviction it is affirmed. We also find that the trial court properly ordered consecutive sentencing. Furthermore, Appellant's remaining challenge to his sentence has been waived and we decline to address it via plain error review.

http://www.tba2.org/tba_files/TCCA/2008/lyonsm_071108.pdf


CHARLES V. MOSLEY v. JAMES MORROW, WARDEN

Court: TCCA

Attorneys:

Charles V. Mosley, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General, and J. Michael Taylor, District Attorney General, for the appellee, State of Tennessee.

Judge: MCGEE OGLE

The petitioner, Charles V. Mosley, appeals the dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court's judgment pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner has failed to meet the mandatory procedural requirements for filing a habeas corpus petition, and the petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2008/mosleycvrule20_071108.pdf


TODAY'S NEWS

Legal News
Passages
Upcoming
TBA Member Services

Legal News
3 candidates line up to challenge Judge Fowlkes
Memphis attorneys LaTonya Sue Burrow, Claiborne H. Ferguson and Michael G. Floyd have all filed to take on incumbent Judge John T. Fowlkes Jr. for the Criminal Court Division VI position. The Tri-State Defender interviewed all of the candidates and offers a profile of each.
Read about the candidates
Judge calls for independent lab in House case
Special Judge Jon Kerry Blackwood today ruled that an independent lab should be brought in to test what could be a key piece of evidence in the Paul Gregory House murder trial. 8th Judicial District prosecutors want to test a body hair found in victim Carolyn Muncey's hand at the Union County crime scene in 1985.
Read more in the Knoxville News Sentinel
Virginia, Texas resume executions by injection
Virginia and Texas executed death row inmates Thursday, the first executions in the two states since April's ruling by the U.S. Supreme Court that upheld lethal injection in a Kentucky case.
Read more in the Tennessean
Also on Thursday, a federal appeals court acting on a separate death penalty case, upheld Virginia's method of executing inmates by lethal injection, ruling that it prevents them from experiencing excruciating pain.
Read more at TriCities.com
Prosecutors to look at State Department passport snooping
Following a report that 85 percent of the passport files from 150 notable politicians, athletes and entertainers had been accessed multiple times since 2002, federal prosecutors will investigate whether State Department employees broke the law by doing the snooping.
Read more in the Daily News Journal
Barbie v Bratz: Doll-fight goes to jury
The biggest battle in toy land went to the jury Thursday, when attorneys in the Barbie-Bratz case presented closing argument in Los Angeles. Jurors have been listening to arguments since May 27 over who owns the hugely successful Bratz line -- Barbie-maker Mattel or upstart MGA Entertainment.
Read the doll-fight coverage in the LA Times
Passages
Former Knoxville law director dies at 85
A memorial service will be held Monday for Knoxville attorney William Conway Garlington, who died Wednesday at age 85. A University of Tennessee College of Law graduate, Mr. Garlington had served as Associate Attorney General and Assistant City Law Director for the City of Knoxville and was a founding partner of the firm Carty, Garlington and Boswell and later was of Counsel for the law firm Justice, Noel and Burks. Monday's services will be held at 5 p.m. at First Presbyterian Church in Knoxville.
Read the complete obituary in the Knoxville News Sentinel
Upcoming
ADR Commission to meet Tuesday
The Alternative Dispute Resolution Commission will meet in Nashville on Tuesday at 8:30 a.m. in the Administrative Office of the Court offices, 511 Union Street, Suite 600. If you have questions or special needs, contact program manager Andrea Ayers at (615) 741-2687.

TBA Member Services
First Tennessee is TBA's preferred provider
First Tennessee has crafted a package of discounts to meet the specific needs of Tennessee Bar Association members. Find savings on merchant credit services, checking and savings, financial planning and more. Also, this Saturday TBA members can get a special 4.33% APY rate on a 49-month CD. Check it out online.
Learn more about benefits for TBA members

 
 
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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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