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.
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Court: TCCA


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.



Court: TCCA


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.


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.



Court: TCCA


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.


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.



Court: TCCA


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.



Court: TCCA


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.


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.



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Former Knoxville law director dies at 85
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Read the complete obituary in the Knoxville News Sentinel
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.

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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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