Tennessee court in minority with female majority

With the swearing in today of Justice Sharon G. Lee to the Tennessee Supreme Court, Tennessee becomes one of just three states, plus the District of Columbia, with a female majority, according to the Administrative Office of the Courts. See the breakdown by state.

Find out more about Lee's ceremony

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Court: TCA


Joe Murphy, Huntingdon, TN, pro se

Barry J. Gammons, Nashville, TN, for Appellee Thomas B. Norris, Nashville, TN, for Appellee


Appellee Bank filed suit against Appellant to collect for charges made to Appellant's account. The general sessions court entered judgment in favor of Appellee Bank; Appellant, proceeding pro se, appealed that decision to the Circuit Court at Carroll County. The circuit court affirmed the judgment of the general sessions court and Appellant appeals. In the absence of a transcript or statement of the evidence, the trial court's factual findings are conclusive on appeal, and we affirm. .



Court: TCCA


Michael L. Kirby, Mountain City, Tennessee, Pro Se.

Robert E. Cooper, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General, for the appellee, State of Tennessee.


The pro se petitioner, Michael L. Kirby, appeals from the trial court's order denying his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the order pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. 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.



Court: TCCA


Terrance Lowdermilk, Federal Correctional Institution, Edgefield, South Carolina, Pro se.

Robert E. Cooper, Attorney General and Reporter; Lacy Wilber, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Terrance Lowdermilk, appeals the dismissal of his petition for writ of habeas corpus in the Hamilton County Criminal Court. The state has moved this court to affirm the order by memorandum opinion pursuant to Tennessee Court of Criminal Appeals Rule 20. The petition presents no cognizable ground for habeas corpus relief. Accordingly, we sustain the state's motion and affirm the order pursuant to Rule 20.



Court: TCCA


Gerald L. Gulley, Jr., Knoxville, Tennessee (on appeal) and Robert William Scott, Jacksboro, Tennessee (at trial), for the appellant, Mitchell Waldroop.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; William Paul Phillips, District Attorney General; and Michael O. Ripley, Assistant District Attorney General, for the appellee, State of Tennessee.


The petitioner, Mitchell Waldroop, was denied post-conviction relief by the Criminal Court for Campbell County from his convictions for two counts of especially aggravated kidnapping and resulting concurrent thirty-six-year sentences in the Department of Correction. He appeals and contends that (1) he is entitled to post-conviction relief because the state failed to file a responsive pleading to his pro se petition in the form required by the Post-Conviction Procedure Act; (2) he was deprived of his due process right to present his post-conviction claim at a meaningful time and in a meaningful manner; (3) he was denied the effective assistance of counsel in the conviction proceedings; (4) he was sentenced in violation of the Sixth Amendment; and (5) he was deprived in the conviction proceedings of a hearing pursuant to Momon v. State, 18 S.W.3d 152 (Tenn. 1999), addressing his understanding of his right to testify. We affirm the trial court's judgment.



Court: TCCA


Brian J. Hunt, Clinton, Tennessee, for the appellant, Benny K. West.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L.Bledsoe, Assistant Attorney General; William Paul Phillips, District Attorney General; and Jaren Effler, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Benny K. West, appeals the post-conviction court's decision to deny his petition for post-conviction relief. Petitioner entered a nolo contendere plea to two counts of sexual battery. Subsequently, he sought post-conviction relief on the basis of ineffective assistance of counsel and that his plea was unknowingly and involuntarily entered. After a hearing during which the post-conviction court heard testimony from Petitioner, trial counsel, and an employee of the Department of Children's Services, the post-conviction court denied the petition. After a review of the record, we determine that Petitioner did not prove that he received ineffective assistance of counsel or that his nolo contendere plea was unknowingly and involuntarily entered. Therefore, we affirm the judgment of the post-conviction court.


The Constitutionality of Public Chapter 1030, Section 2

TN Attorney General Opinions

Date: 2008-10-02

Opinion Number: 08-150



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