3 applicants go to governor for Appeals Court post

The Tennessee Judicial Selection Commission submitted three candidates to Gov. Phil Bredesen today for his consideration in filling a Tennessee Court of Appeals vacancy. Those selected are: Sharon Dawn Coppock, Strawberry Plains; John Westley McClarty, Chattanooga; and Sarah Y. Sheppeard, Knoxville. The opening was created by the appointment of Judge Sharon G. Lee to the Tennessee Supreme Court.
TODAY'S OPINIONS
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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List

Court: TSC

http://www.tba2.org/tba_files/TSC/2008/certlist_111708.pdf


MICHAEL RALPH BROWN v. DAVID MILLS, WARDEN

Court: TCCA

Attorneys:

Michael Ralph Brown, Wartburg, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; and Russell Johnson, District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Petitioner, Michael Ralph Brown, appeals the trial court's summary dismissal of his petition for writ of habeas corpus in which he alleged that his sentence is illegal and void because he was sentenced as a Range II, multiple offender, instead of a Range I, standard offender. After a thorough review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/brownm_111808.pdf


STATE OF TENNESSEE v. JOHN C. CLINE

Court: TCCA

Attorneys:

William A. Kennedy, Blountville, Tennessee, for the Appellant, John Chadwick Cline.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Renee W. Turner, Assistant Attorney General; H. Greeley Wells, District Attorney General; and J. Lewis Combs, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A jury convicted the Defendant, John C. Cline, of passing a worthless check, a Class E felony, and theft over $500, a Class E felony. The trial court sentenced the Defendant to two concurrent eighteen-month periods of probation. The Defendant appeals, contending that the evidence was insufficient to support the jury's findings; that the trial court erred in admitting evidence of prior bad acts; and that the trial court erred in admitting evidence of a prior conviction. After thoroughly reviewing the record and the relevant authorities, we conclude that there is no error and affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/clinej_111808.pdf


STATE OF TENNESSEE v. MITCHELL HENRY GRIBBLE

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Mitchell Henry Gribble.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Mike Flynn, District Attorney General and Clinton Frazier, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Mitchell Henry Gribble, pled guilty in the Circuit court of Blount County to two counts of theft, under $500, one count of theft over $1,000 and one count of burglary of a vehicle. The trial court sentenced him to an effective sentence of four years. Appellant was ordered to serve seven days and serve the remainder on supervised probation. After failing to attend his meetings with his probation officer, testing positive for opiates during a drug screening, failing to submit a DNA sample and failing to complete a drug and alcohol assessment, Appellant's probation officer filed a probation violation warrant. The trial court held a hearing and at the conclusion, revoked Appellant's probation. After a thorough review of the record, we find ample support for the trial court's decision. Therefore, we affirm the decision of the lower court.

http://www.tba2.org/tba_files/TCCA/2008/gribblem_111808.pdf


STATE OF TENNESSEE v. GEORGE T. POPE

Court: TCCA

Attorneys:

Richard A. Tate, Assistant Public Defender, Blountville, Tennessee, for the appellant, George T. Pope.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany, Assistant Attorney General; Greeley Wells, District Attorney General and Kent Chitwood, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, George T. Pope, was indicted by the Sullivan County Grand Jury for possession of .5 grams or more of cocaine with the intent to sell or deliver, possession of twenty-six grams or more of cocaine with the intent to sell or deliver, and possession of drug paraphernalia. Prior to trial, the State dismissed the charge for possession of .5 grams or more of cocaine with the intent to sell or deliver. After a jury trial, Appellant was convicted of the remaining counts of the indictment. The trial court sentenced Appellant to an effective sentence of eleven years and approved the jury's recommendation of a $200,000 fine. After the denial of a motion for new trial, Appellant sought an appeal. He argues that the evidence is insufficient to support the convictions. We determine that the evidence is sufficient to support the convictions. Consequently, the judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2008/popeg_111808.pdf


STATE OF TENNESSEE v. FRANK G. WATKINS

Court: TCCA

Attorneys:

Paul E. Meyers, Assistant Public Defender, Jackson, Tennessee, for the appellant, Frank G. Watkins.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; James G. Woodall, District Attorney General; and James Thompson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCMULLEN

Defendant-Appellant, Frank G. Watkins (hereinafter "Watkins"), appeals the Madison County Circuit Court's order revoking his community corrections sentence. Watkins contends that the trial court abused its discretion by failing to base its decision on a "willful" action. Following our review, we find no abuse of discretion. The judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2008/watkinsf_111808.pdf


TODAY'S NEWS

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TBA Member Services

Legal News
Eric Holder said to be attorney general pick
National Public Radio reports this afternoon that President-elect Barack Obama has decided to nominate Eric Holder as attorney general, according to a source close to the Obama-Biden transition team. Holder, 57, was deputy attorney general during the Clinton administration and more recently, he has been a prominent attorney at the Washington, D.C., law firm of Covington and Burling. If confirmed, Holder would be the country's first African-American attorney general.
NPR tells you more
MALS event raises money and awareness
Memphis Area Legal Services (MALS) held its first annual fund-raiser at Bardog Tavern last Thursday. According to officials the event was a smashing success -- putting them "well on the way to achieving the goal of $300,000" -- raising not only money for this cause, but also awareness of MALS and the outreach programs it supports. Because of the overwhelming turnout and show of support by the members of the Memphis Bar Association, MALS' Fundraising Committee has committed to make this an annual event and a regular part of Pro Bono Month. If you would like to join in the cause and make a contribution, you may do so
at the MALS web site
Farmer interested in being U.S. attorney
Nashville attorney Bill Farmer tells NashvillePost.com that should the position of U.S. Attorney become open in the near future, he'd like the job. The post of U.S. Attorney is appointed by the president and confirmed by the U.S. Senate. The U.S. Attorney for the Middle District of Tennessee is Ed Yarbrough, an appointee of President George W. Bush.
Read more at NashvillePost.com
How to file a complaint against a judge
A Nashville television station outlines for the public how to lodge a complaint against a judge.
See the report from WTVF.com
Judge takes his anger over parking spaces to commissioners
The start of construction on Carter County's new jail has eliminated most of the parking spaces for the present jail, the sheriff's department, the two courtrooms in the adjoining Justice Center and the Circuit Court clerk's offices. Criminal Court Judge Robert Cupp appeared before the commission yesterday, describing how the lack of spaces has affected his court. "What are you going to do about it?" Cupp asked. "In about a week I am going to have about 200 prospective jurors report. Good, taxpaying citizens. When they see the parking conditions they are going to get mad at me ... The citizens of this state and this county don't deserve that."
The Johnson City Press has the story
Attorney in Scruggs trial to be sentenced
A wealthy attorney who helped put trial lawyer Richard "Dickie" Scruggs behind bars will be sentenced Dec. 16 for attempting to influence Hinds County Judge Bobby DeLaughter, the Associated Press reports.
WMC-TV has the AP story
Passages
Knoxville lawyer Christenberry dies at 91
Knoxville lawyer Dexter A. Christenberry Sr. died Nov. 13 at the age of 91. He was a graduate of the University of Tennessee, earning bachelor of arts and law degrees, then worked with the Federal Bureau of Investigation before returning to Knoxville to form the law firm of Andrews, Christenberry and Mann. The funeral and interment were Nov. 16. In lieu of flowers, memorial contributions may be made to the First Baptist Church of Knoxville Organ Restoration Fund, 510 W. Main Street, Knoxville, TN 37902.
Read more about him in the News Sentinel
TennBarU CLE
Webcast looks at ethics for government attorneys
Public confidence in the integrity of its elected and appointed representatives is vital to the continuation of a representative democracy, and it is often the local government attorney who is responsible for apprising the ethical behavior expected of those conducting their public duties. In this week's TennBarU webcast at noon on Wednesday, Knox County Chief Deputy Law Director Joseph G. Jarrett will assist those attorneys in appreciating the subtleties, nuances and challenges of ensuring that those appointed and elected officials they represent, operate within a refined and acceptable ethical framework.
Learn more about this webcast or register now
CLE Ski at Snowmass: Great skiing, great programs
Get great skiing and great CLE all in one package. The TBA's CLE Ski program returns for its 24th year with a week-long program in beautiful Snowmass, Colo., central to four remarkable ski areas: Snowmass, Aspen Highlands, Aspen Mountain and Buttermilk. Sign up now. CLE Ski will run from Jan. 31 through Feb. 7, with a total of 15 hours of CLE programming in the morning and afternoon and plenty of time during the day to conquer the slopes.
Register today or find out more
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Discounts from Office Depot
Are you saving yet? Sign up for the TBA-Office Depot Program and begin saving. TBA Members receive significant discounts on office supplies from Office Depot.
Find out more

 
 
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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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