Legal aid calls double during first 5 months

The Legal Aid Society of Middle Tennessee and the Cumberlands reports that calls for legal assistance have doubled during the first five months this year, reaching almost 11,000 during that period. Managing attorney Lucinda Smith of the Nashville office said the client base has been hit hard by the economy.
TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database or to obtain a text version of each opinion, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at the TBA's Membership Central.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
08 - TN Court of Criminal Appeals
01 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

You can obtain full-text versions of the opinions two ways. We recommend that you download the Opinions to your computer and then open them from there. 1) Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. 2) Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

JEROME WILLIAM DEVEREAUX, JR., ET UX. v. JEROME WILLIAM DEVEREAUX, SR., ET UX.

Court: TCA

Attorneys:

Jerome W. Devereaux, Sr., Wartburg, Tennessee, pro se.

John M. Norris, Strawberry Plains, Tennessee, for Appellees, Jerome William Devereaux, Jr. and Patricia Devereaux.

Judge: MCCLARTY

This case involves a family dispute over real property. The plaintiffs filed suit to enforce a document which purported to convey to them a co-ownership interest in certain property and to estop and enjoin the defendants from selling the property at issue. After a bench trial, the trial court found that the plaintiffs were "equitably entitled to ownership of the five acre tract they have improved." We affirm.

http://www.tba2.org/tba_files/TCA/2009/devereauxj_060509.pdf


STATE OF TENNESSEE v. JUNIOR ALDRIDGE

Court: TCCA

Attorneys:

James E. Thomas (at trial and on appeal) and Juni Ganguli (at trial), Memphis, Tennessee, for the appellant, Junior Aldridge.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Michelle Parks and James R. Carter, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: THOMAS

A Shelby County jury found the defendant, Junior Aldridge, guilty of one count each of first degree murder, second degree murder, and especially aggravated robbery. The trial court merged the two murder counts and imposed concurrent sentences of life in prison for the first degree murder conviction and forty years as a Range II, multiple offender for the especially aggravated robbery conviction. On appeal, the defendant argues that the trial court's exclusion of testimony regarding statements made by the victim denied the defendant his right to present a defense. After reviewing the record, we conclude that the trial court properly excluded the testimony and affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/aldridgej_060509.pdf


STATE OF TENNESSEE v. RICHARD D. BAKER

Court: TCCA

Attorneys:

Wade V. Davies, Knoxville, Tennessee, for the appellant, Richard D. Baker.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany, Assistant Attorney General; H. Greeley Wells, District Attorney General; and Barry P. Staubus, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Richard D. Baker, appeals the revocation of his six-year probationary sentence. He contends that the trial court erred by revoking his probation before the commencement of the probationary term and by ordering incarceration. Discerning no error, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/bakerr_060509.pdf


JON HALL v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jon Hall, Nashville, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; James E. Gaylord, Assistant Attorney General; James G. Woodall, District Attorney General; and Alfred L. Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

The petitioner, Jon Hall, appeals the Madison County Circuit Court's summary dismissal of his petition for writ of error coram nobis. In the petition, the petitioner primarily argued that his petition to reopen his post-conviction petition was improperly dismissed and that he never consented to a change of venue at trial. The coram nobis court dismissed the petition as untimely and for failure to state a cognizable claim for coram nobis relief. On appeal, the petitioner argues that the coram nobis petition was improperly dismissed, as it did state a cognizable claim for relief and because due process concerns necessitated tolling the one-year statute of limitations. After reviewing the record, we affirm the judgment of the coram nobis court.

http://www.tba2.org/tba_files/TCCA/2009/hallj_060509.pdf


STATE OF TENNESSEE v. LAMARIO HILL

Court: TCCA

Attorneys:

Robert Wilson Jones, District Public Defender; Garland Erguden, Assistant District Public Defender (on appeal); and Mozella Ross, Memphis Tennessee (at trial), for the appellant, Lamario Hill.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; William L. Gibbons, District Attorney General; and James Wax and Michelle Parks, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: THOMAS

A Shelby County jury convicted the defendant, Lamario Hill, of first degree felony murder, attempted especially aggravated robbery, and aggravated assault. The trial court imposed concurrent sentences of life in prison for the defendant's murder conviction, nine years for his attempted especially aggravated robbery conviction, and four years for his aggravated assault conviction. On appeal, the defendant argues that the evidence produced at trial was insufficient to support his convictions. After reviewing the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/hilll_060509.pdf


STATE OF TENNESSEE v. ONTRELL JAMES

Court: TCCA

Attorneys:

George Morton Googe, District Public Defender; and Gregory D. Gookin, Assistant District Public Defender, for the appellant, Ontrell James.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Shaun A. Brown and Brian Gilliam, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: THOMAS

A Madison County jury convicted the defendant, Ontrell James, of aggravated robbery, a Class B felony, and resisting arrest, a Class B misdemeanor. On appeal, the defendant argues that the evidence produced at trial was insufficient to support his aggravated robbery conviction because the evidence did not establish beyond a reasonable doubt that he knowingly obtained or exercised control over the property of another. After reviewing the record, we conclude that the evidence was sufficient to sustain the conviction and therefore affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/jameso_060509.pdf


STATE OF TENNESSEE v. RALPHELLE JAMES

Court: TCCA

Attorneys:

Benjamin L. McGowan, Chattanooga, Tennessee, for the appellant, Ralphelle James.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; William H. Cox, III, District Attorney General; and Boyd Patterson and C. Matthew Rogers, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Ralphelle James, appeals from his Hamilton County Criminal Court convictions of theft of property valued at $1,000 or more and aggravated burglary.1 The defendant challenges a jury instruction permitting the petit jury to infer guilt of theft and burglary from his possession of stolen property. He also argues that the convicting evidence for his aggravated burglary conviction was legally insufficient. Lastly, the defendant challenges the trial court's procedure of "permitting jurors to submit questions to the witnesses and by permitting answers to such questions to reopen direct and cross examination of the witnesses so questioned." Discerning no error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/jamesr_060509.pdf


STATE OF TENNESSEE v. DARRELL JOHNSON

Court: TCCA

Attorneys:

Harry E. Sayle, III, Memphis, Tennessee (on appeal); and Dianne Thackery, Assistant Shelby County Public Defender (at trial), for the appellant, Darrell Johnson.

Robert E. Cooper, Jr., Attorney General and Reporter; Melissa Roberge, Assistant Attorney General; William L. Gibbons, District Attorney General; and Alanda Dwyer, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Darrell Johnson, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and sentenced to thirty years as a career offender. On appeal, the defendant argues that the trial court erred in sentencing him as a career offender. After review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/johnsond_060509.pdf


STATE OF TENNESSEE v. JAIRIE PIERCE

Court: TCCA

Attorneys:

Robert Wilson Jones, District Public Defender, and Garland Erguden (on appeal) and Constance J. Barnes (at trial), Assistant Public Defenders, for the appellant, Jairie Pierce.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and Chris Scruggs, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Jairie Pierce, was convicted by a jury in the Criminal Court for Shelby County of theft of property valued over $1000, a Class D felony, and theft of property valued over $500, a Class E felony. He received respective sentences of four years and two years to be served concurrently in the Shelby County Correctional Center. On appeal, the defendant contends that the evidence was insufficient to convict him of theft of property valued over $1000 and that it was only sufficient to convict him of unauthorized use of a vehicle, a Class A misdemeanor. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/piercej_060509.pdf


Information Required for the Renewal of a Handgun Carry Permit

TN Attorney General Opinions

Date: 2009-06-03

Opinion Number: 09-106

http://www.tba2.org/tba_files/AG/2009/ag_09_106.pdf

TODAY'S NEWS

Legal News
Passages
TBA Member Services

Legal News
Georgia judges may sue to stop budget cuts
Georgia's top judges are scheduled to meet today to consider whether to take legal action to block another round of budget cuts that some fear could bring the courts to a standstill. Gov. Sonny Perdue has ordered a 25 percent cut of the judiciary and a range of state agencies.
WRCB-TV in Chattanooga has more information
Shelbyville attorney looks back over long legal career
After more than 56 years of legal practice, Shelbyville attorney Allen Shoffner is looking back at a life of law and looking forward to a life of leisure. The Vanderbilt Law School alum says, "I've tried to avoid the use of the term 'retirement.'" It's time to "take the off-ramp, and get out of some of the heavy traffic."
Read more in the Shelbyville Times-Gazette
Special edition of Hot List now available
Check out a special edition of Raybin and Richter's Tennessee Supreme Court Hot List today to find an analysis of recent grants of review in both civil and criminal cases, including a case that deals with the original Tortfeasor Rule.
Got to the Hot List now
Justice Lee encourages women at summit
Tennessee Supreme Court Justice Sharon Lee urged women to make the most of every opportunity during her keynote address at the Tennessee Regional Economic Summit for Women Thursday in Maryville. The summit was designed to teach women how to set and achieve financial goals for their businesses and their personal lives.
Read more in the Knoxville New Sentinel
Passages
Former Blount judge dies at 90
Former Blount County attorney and General Sessions Judge J. N. Badgett Jr. died last Sunday at age 90. The Maryville native earned his law degree from the University of Tennessee and served in the Army during World War II and later returned to serve as an attorney in the judge advocate section.
Read more about his life and career in the Daily Times
TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
or get an online rate quote

 
 
Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php

Questions, comments: Email us at TBAToday@tnbar.org

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.

© Copyright 2009 Tennessee Bar Association