Judge Donald honored by judicial group

U.S. District Judge Bernice Donald of Memphis has been selected as the National Association of Women Judges' Honoree of the Year for her career accomplishments and her leadership in legal organizations across the country. From her chairmanship of the Memphis Diversity Institute to her service as secretary of the American Bar Association, Judge Donald has worked to promote the advancement of women in leadership roles, according to NAWJ President Fernande R.V. Duffly. Presentation of the award will come during the organization's annual conference in Portland, Ore., later this month.
TODAY'S OPINIONS
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RITESCREEN, INC., ET AL. v. DONALD CAMPBELL

Court: TWCA

Attorneys:

Jennifer P. Keller and Philip R. Baker, Johnson City, Tennessee, for the appellants, Ritescreen, Inc. and Zurich North America.

Angela Vincent Jones, Johnson City, Tennessee, for the appellee, Donald Campbell.

Judge: WALLACE

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6- 225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee alleged that he sustained an aggravation of pre-existing pulmonary disease as a result of exposure to a chemical in the workplace. The trial court awarded benefits. On appeal the employer contends that the evidence preponderates against the trial court's decision. We affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2008/ritescreen_100708.pdf


STATE OF TENNESSEE v. ANTONIO MAURICE BATTS

Court: TCCA

Attorneys:

Jeffrey Devasher (on appeal), and John Gichner and C. Dawn Deaner (at trial), Assistant Public Defenders, for the appellant, Antonio Maurice Batts.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Pamela Anderson and Amy Eisenbeck, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Antonio Maurice Batts, pleaded guilty in the Davidson County Criminal Court to one count of aggravated assault in exchange for a six-year sentence, with the manner of service of the sentence to be determined by the trial court. The trial court ordered a fully incarcerative sentence, and the defendant now appeals. Because the record supports the denial of probation, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2008/battsa_100708.pdf


THOMAS EARL BRADSHAW v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

David Hopkins, Nashville, Tennessee, for the appellant, Thomas Earl Bradshaw.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Lisa Naylor, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Thomas Earl Bradshaw, appeals from the denial of his petition for post-conviction relief, wherein he challenged his 2005 Davidson County Criminal Court conviction of especially aggravated robbery. In this appeal, the petitioner contends that his guilty plea was not knowingly and voluntarily entered because it was the result of the ineffective assistance of his trial counsel. Discerning no error, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2008/bradshawt_100708.pdf


STATE OF TENNESSEE v. IWANDA ANITA BUCHANAN

Court: TCCA

Attorneys:

Andrew Jackson Dearing, III, Shelbyville, Tennessee, for the Appellant, Iwanda Anita Buchanan.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Benjamin A. Ball, Assistant Attorney General; Charles F. Crawford, Jr., District Attorney General; Michael D. Randles, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

The Defendant pled guilty to four counts of selling .5 grams or more of a Schedule II drug and one count of possession of .5 grams or more of a Schedule II drug for resale. The trial court sentenced her as a Range II, multiple offender to an effective twenty-seven year sentence. On appeal, the Defendant argues that the trial court erred by sentencing her as a Range II offender. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/buchanani_100708.pdf


STATE OF TENNESSEE v. LISA E. BURRIS

Court: TCCA

Attorneys:

Lee E. Dryer and Gene Honea, Franklin, Tennessee, for the appellant, Lisa E. Burris.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Trevor H. Lynch, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Lisa E. Burris, appeals the Rutherford County Circuit Court's denial of her bid for judicial diversion. Because the record does not show that the trial court considered the full array of factors upon which its decision should be based and because the record supports an award of judicial diversion in this case, we vacate the judgments and remand the case for the imposition of judicial diversion subject to her qualifying pursuant to Tennessee Code Annotated section 40-35-313(a)(3).

http://www.tba2.org/tba_files/TCCA/2008/burrisl_100708.pdf


MARVIN CATRON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Brett B. Stein, Memphis, Tennessee, for the appellant, Marvin Catron.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; William L. Gibbons, District Attorney General; and Tracye Jones, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Marvin Catron, pled guilty to eighteen various felony charges in exchange for a sentence of fifty years served at 100%. Thereafter, the petitioner filed for post-conviction relief, alleging that his trial counsel was ineffective. After an evidentiary hearing, the post-conviction court denied his petition, and we affirm that judgment.

http://www.tba2.org/tba_files/TCCA/2008/catronm_100708.pdf


CHARLES E. JONES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Autumn B. Chastain, Memphis, Tennessee, for the appellant, Charles E. Jones.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Carrie Shelton and Kirby May, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Charles E. Jones, was found guilty by a Shelby County Criminal Court Jury of premeditated first degree murder, and he received a sentence of life imprisonment. Subsequently, he filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. The post- conviction court denied the petition, finding that the petitioner failed to prove his allegations by clear and convincing evidence. The petitioner now appeals this ruling. 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/jonesc_100708.pdf


JAMES WAYNE KIMBROUGH v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Hershell D. Koger, Pulaski, Tennessee, for the appellant, James Wayne Kimbrough.

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

Judge: WILLIAMS

The petitioner, James Wayne Kimbrough, was convicted of first degree murder (Class A felony) and two counts of spousal rape (Class C felony) on October 17, 2002. He was sentenced to life without possibility of parole for the murder conviction and to fifteen years for the spousal rape conviction, to be served consecutive to the life sentence. On appeal, he argues that the post-conviction court erred in denying him relief. Specifically, he argues that he received ineffective assistance of counsel and that he was denied due process because he was prosecuted with fabricated evidence and perjured testimony. After careful review, we affirm the judgment from the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2008/kimbroughj_100708.pdf


STATEOF TENNESSEE v. DELMARK. REED, a.k.a. DELMA K. REED

Court: TCCA

Attorneys:

Dwight E. Scott, Nashville, Tennessee (on appeal); Ross E. Alderman, District Public Defender; Clark B. Thornton and Kevin McGee, Assistant Public Defenders (at trial), for the appellant, Delmar K. Reed, a.k.a. Delma K. Reed.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Pamela S. Anderson and Rachel Sobrero, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Delmar K. Reed, was found guilty by a jury of ten counts of harassment (Class A misdemeanor), one count of attempted aggravated burglary (Class D felony), one count of vandalism over $1000 (Class D felony), one count of vandalism under $500 (Class A misdemeanor), and one count of setting fire to personal property (Class E felony). He was sentenced to an effective sentence of nineteen years as a Range II, multiple offender. On appeal, he argues that the evidence is insufficient to support his convictions; the trial court improperly denied his motion for a mistrial; and his convictions for harassment should have been merged into two convictions. After careful review, we conclude that no error exists and affirm the judgments from the trial court.

http://www.tba2.org/tba_files/TCCA/2008/reedd_100708.pdf


STATE OF TENNESSEE v. CHARLES HOPSON STEWART

Court: TCCA

Attorneys:

David L. Raybin and Sarah S. Richter, Nashville, Tennessee (on appeal), and Robert W. Newman, McMinnville, Tennessee (at trial), for the appellant, Charles Hopson Stewart.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Lisa Zavogiannis, District Attorney General; and Thomas J. Miner, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Charles Hopson Stewart, was convicted on his guilty pleas of four counts of possession of cocaine with intent to deliver, a Class B felony. He was sentenced to nine years for each offense, to be served on split confinement of thirty days of jail on the weekends and probation, with the sentences imposed concurrently. His probation was revoked, and the court also denied a motion to modify his sentence. On appeal, the defendant contends: (1) that the trial court erred in allowing the drug court team to determine whether his probation should be revoked and what consequence should follow the revocation, (2) alternatively, that the decision of the drug court team that the defendant should serve his sentence in confinement was too harsh given the facts and circumstances of the case, and (3) that the trial judge should be disqualified from presiding on remand. We reverse the judgment of the trial court and remand for a new revocation hearing, at which another judge shall preside.

http://www.tba2.org/tba_files/TCCA/2008/stewartc_100708.pdf


STATE OF TENNESSEE v. JESSIE EDWARD WEST

Court: TCCA

Attorneys:

William C. Barnes, Jr., Columbia, Tennessee, for the appellant, Jessie Edward West.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; Hollyn Hewgley and Ann L. Filer, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WELLES

Upon his pleas of guilty, the Defendant, Jessie Edward West, was convicted of conspiracy (to commit arson), burglary, arson, vandalism (with damages of $60,000 or more), introduction of contraband into a penal institution, and escape from a penal constitution (while being held for a felony). In exchange for his pleas of guilty, the State dismissed three misdemeanor counts of contributing to the delinquency of a minor and two misdemeanor counts of vandalism. Following a sentencing hearing, the Defendant was sentenced as a Range I, standard offender to two years for conspiracy, a Class D felony, two years for burglary, a Class D felony, five years for arson, a Class C felony, three years for introducing contraband into a penal institution, a Class C felony, and ten years for vandalism causing damage of $60,000 or more, a Class B felony. These sentences were ordered to be served concurrently. He also was sentenced to two years for escape while being held for a felony, a Class E felony. This sentence was ordered to be served consecutively to the other sentences. The sentences are to be served in the Department of Correction. In this appeal, the Defendant argues that his sentences are excessive. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/westj_100708.pdf

THOMAS dissenting
http://www.tba2.org/tba_files/TCCA/2008/westj_DIS_100708.pdf


TODAY'S NEWS

Legal News
Politics
Supreme Court Report
TBA Member Services

Legal News
McClarty applies for Appeals seat; deadline Oct. 20
Chattanooga lawyer John Westley McClarty is the first to apply for the vacancy on the Court of Appeals created by the appointment of Sharon Lee to the Tennessee Supreme Court. The deadline to receive applications is Oct. 20.
For details on applying, go to the AOC Web site
Malpractice cases surge in Knox before new law starts
The clerk's office typically sees one or two malpractice suits a month, but in the last two days of September alone, 10 were filed in Knox County. The rush appears to be tied to a new law that took effect Oct. 1, which makes it tougher for people to get their cases in front of a jury. Two of the three changes in the law put more burden on plaintiffs. Now, they have to give health care providers 60 days notice before filing a lawsuit and they must have a doctor or expert review the case and determine if it has merit before it goes before a judge or jury.
WBIR.com has more
Editorial: Lee a good choice for high court
Today the Knoxville News Sentinel says in an editorial that newly appointed Supreme Court Justice Sharon Lee is a good choice and wishes her well.
Read the editorial
Blount magistrate Hatcher gets 12 years' probation
Former Blount County Magistrate Dustin Hatcher has been sentenced to 12 years of supervised probation on one count of sexual exploitation of a minor, The Daily Times reports. During a sentencing hearing, Sevier County Circuit Court Judge Rex Henry Ogle extended the four years maximum sentence that Hatcher had accepted in a plea agreement, according to Special Prosecutor Al Schmutzer Jr.
Find out more
Editorial: Send money to local groups, not FBI, for cold cases
In a commentary today, the Tennessean points out that an initiative to redouble efforts to investigate unsolved murders from the civil rights era, announced 18 months ago by FBI Director Robert Mueller, has prosecuted no cases. "The FBI did not commit any funds to the initiative; their agents sent cases to the Justice Department for 'prosecutorial analyses' that never took place; and the 'partnership' Mueller alluded to was news to the civil rights groups mentioned," the paper writes. Congress approved $10 million for the program two weeks ago, but the funding must be appropriated. The paper suggests that "lawmakers might do well to then send the money directly to state and local agencies that have demonstrated a commitment to solving these crimes while witnesses and potential suspects yet live."
Read the editorial
Tennessee to receive $1.5 million in Zyprexa agreement
Attorney General Bob Cooper and Division of Consumer Affairs Director Mary Clement announced today that Tennessee, along with Attorneys General from 32 states, reached a record $62 million settlement with Eli Lilly and Company arising from alleged improper marketing of the antipsychotic drug Zyprexa. It is the largest ever multi-state consumer protection-based pharmaceutical settlement, with Tennessee's share estimated at more than $1.5 million. The states alleged that Eli Lilly engaged in unfair and deceptive practices when it marketed Zyprexa for off-label uses and for failing to adequately disclose to health care providers the drug's potentially dangerous side effects.
Read more from the Attorney General's office
Bush tells Senate to vote on vacancies now
On the first day of the U.S. Supreme Court's new term yesterday, President George Bush called on the Senate to vote on filling 34 judicial vacancies in the federal circuit and district courts. "If Democrats truly seek a more productive and cooperative relationship in Washington, then they have a perfect opportunity to prove it by giving these nominees the up-or-down vote they deserve," Bush said in remarks prepared for a speech before two conservative groups in Ohio.
WTVF reported this AP story
Politics
Kurita can't be put on ballot now, election officials say
State and local election officials claim in court papers that it's too late to change ballots to list state Sen. Rosalind Kurita as the Democratic nominee in her district. Kurita is asking the U.S. District Court to remove Tim Barnes' name from the ballot and replace it with her name. She won the Aug. 7 Democratic primary by 19 votes, but party leaders chose Barnes as the nominee after he challenged the vote. A judge will hear the case on Friday.
The News Sentinel has more
Supreme Court Report
'Light' cigarettes at issue
The Supreme Court picked up Monday where it left off last term, signaling support for efforts to block lawsuits against tobacco companies over deceptive marketing of "light" cigarettes.
The Commercial Appeal carried this AP story
TBA Member Services
New benefit provides communications solutions
PAETEC personalizes communications solutions for professional practices in Tennessee, offering a comprehensive suite of data, voice and IP services, as well as enterprise communications management software, network security solutions, CPE and managed services. The TBA has teamed up with the company to offer special products and pricing for members and their firms. For more information contact Sharon Joyce in Nashville at (615) 324-1845, Mark Priest in Memphis at (901) 312-1802, or Mark Morrell in Knoxville/Chattanooga at (865) 251-1765.


 
 
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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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