The Complete Lawyer: Plan Your Estate Now

Despite these difficult economic times, there are many reasons that now is a good time for lawyers to set up plans for their estates. For those who may be subject to federal or state estate tax, this is a once-in-a-lifetime opportunity to accomplish unique planning goals and objectives, according to reports in the current issue of The Complete Lawyer, the online magazine brought to you as a TBA member service. Here are a few of the stories you'll find: It's A "Perfect Storm" For Lawyers' Estate Planning; Women Need To Be Educated About Estate Planning; Asset Protection Considerations For Business Owners; Tax Aspects Of Life Settlement Arrangements; The Irrevocable Income-Only Trust; and Succession Planning For Solos.

Check out these and other stories in this month's Complete Lawyer

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Court: TCCA


Charles G. Currier, Madisonville, Tennessee (on appeal and at trial); Steven B. Ward, Madisonville, Tennessee (on appeal); and Charles Corn, District Public Defender (at trial), for the appellant, John P. Henretta.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Mark E. Davidson, Senior Counsel; Jerry Estes, District Attorney General; and Sandra Donaghy, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

A Bradley County Criminal Court jury convicted the defendant, John P. Henretta, of premeditated murder, see T.C.A. Section 39-2-202(a)(1) (1982), felony murder, see id., two counts of robbery with a deadly weapon, see id. Section 39-2-501(a), two counts of aggravated rape, see id. Section 39-2-603(a), and two counts of aggravated kidnapping, see id. Section 39-2-301. The trial court merged the felony murder and premeditated murder convictions into a single conviction, and the jury imposed a sentence of death after determining that the State had proven four aggravating circumstances and that the aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt. See id. Section 39-2-203. The trial court also merged the non-capital convictions into a single conviction of each offense and imposed concurrent, Range II sentences of 45 years for robbery with a deadly weapon, 50 years for aggravated kidnapping, and 50 years for aggravated rape. The court ordered the effective 50-year sentence to be served consecutively to the sentence of death. In this appeal, the defendant challenges his conviction of first degree murder and the accompanying death sentence as well as his conviction of aggravated kidnapping. He contends (1) that the trial court erred by refusing to dismiss the indictment for a lack of jurisdiction; (2) that the trial court erred by refusing to suppress evidence obtained pursuant to a search of his person; (3) that the trial court erred by refusing to dismiss the death penalty notice on the basis of the delay between his confession and indictment; (4) that the evidence is insufficient to support his conviction of aggravated kidnapping; (5) that the trial court's refusal to instruct the jury on the effect of a non-unanimous verdict at the capital sentencing hearing deprived him of due process; and (6) that Tennessee's death penalty scheme violates the constitutional ban on cruel and unusual punishment. Discerning no error, we affirm the judgments of the trial court. Following our mandatory review, see T.C.A. Section 39-13-206(c)(1) (2006), we also affirm the sentence of death.


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