Apply now for new Judicial Nominating Commission

The Administrative Office of the Courts today began accepting applications for the new Judicial Nominating Commission, which will review and recommend applicants for vacancies on the appellate and state trial courts for the governor's consideration. Applications, which can be obtained from the AOC web site, must be submitted by Friday, July 31 at 4:30 p.m. central time. Once applications have been received by the AOC, information about each applicant will be posted on its web site for a 14-day public comment period. During that time, the TBA Board of Governors will make recommendations for candidates to fill a minimum of 10 and maximum of 14 seats for lawyers in the new body. Following this period, the speakers of the state House and Senate will have 14 days to appoint members to the Judicial Nominating Commission.

Read the full Administrative Office of the Courts news release

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Court: TCA


Sandra Lee Stanbery-Foster, Greeneville, Tennessee for the Appellant, Patricia Jean Dubois.

Roger A. Woolsey, Greeneville, Tennessee for the Appellee, William St. Nagy.


William St. Nagy ("Husband") and Patricia Jean Dubois ("Wife") were divorced in 2003. In March of 2007, Husband filed a motion asking the Trial Court to order Wife to reimburse Husband for an amount paid by Husband toward the parties' joint federal income tax obligation for the year 2002. After a trial, the Trial Court entered an order on December 7, 2007 finding and holding, inter alia, "that the tax obligation to the Internal Revenue Service incurred by the parties prior to their divorce of forty one thousand eight hundred seventy six ($41,876.00) dollars is a marital obligation...," and ordering Wife to pay Husband $18,762.00. Wife did not appeal this judgment. In July of 2008, Wife filed a motion seeking relief from the December 2007 judgment under Tenn. R. Civ. P. 60.02. The Trial Court denied Wife's motion for relief under Rule 60.02. Wife appeals to this Court. We affirm.


Court: TCA


Eric Wallace, Whiteville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General & Reporter, Michael E. Moore, Solicitor General, Jennifer L. Brenner, Assistant Attorney General, Nashville, for the appellee, Tennessee Department of Corrections.


Petitioner seeking review of disciplinary action taken by warden of prison appeals the dismissal of his petition for writ of certiorari. Finding the trial court did not err, we affirm the dismissal of the petition.


Court: TCCA


Ryan B. Feeney, Selmer, Tennessee, for the appellant, Nicholas Fletcher.

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


Following a jury trial, Defendant, Nicholas Fletcher was found guilty of first degree felony murder, attempted especially aggravated robbery, a Class B felony, and aggravated assault, a Class C felony. Defendant was sentenced as a Range I, standard offender, to life imprisonment with the possibility of parole for his felony murder conviction, eight years for his attempted especially aggravated robbery conviction, and three years for his aggravated assault conviction. The trial court ordered Defendant to serve his sentences concurrently for an effective sentence of life with the possibility of parole. On appeal, Defendant argues that (1) the trial court erred in denying his motion to suppress; (2) the prosecutor engaged in prosecutorial misconduct during the cross-examination of Cordareyes Torry; and (3) the cumulative effect of these errors denied Defendant his constitutional right to a fair trial. After a thorough review, we affirm the judgments of the trial court.


Court: TCCA


Bob C. Hooper, Brownsville, Tennessee (on appeal); Tom W. Crider, District Public Defender; J. Diane Blount, Assistant Public Defender, Trenton, Tennessee (at trial); for the petitioner-appellant, Kenyale Pirtle.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; Garry G. Brown, District Attorney General; Larry Hardister and Matt Hooper, Assistant District Attorneys General, for the appellee, State of Tennessee.


The petitioner, Kenyale Pirtle ("Pirtle"), appeals the summary dismissal of his petition for writ of habeas corpus. In this appeal, Pirtle raises a single issue for our review. He argues that the trial court erred in granting the motion to dismiss because the Attorney General and Reporter, acting through one of his assistants, had no authority to file a motion to dismiss in the habeas court. We affirm the judgment of the trial court.


Court: TCCA


Jason Poyner, Memphis, Tennessee, for the appellant, Marcus Rogers.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Rachel Newton and John A. Irvine, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Marcus Rogers, appeals from the post-conviction court's denial of post-conviction relief as it relates to the petitioner's convictions on one count of second degree murder and two counts of attempted second degree murder. On appeal, the petitioner argues that he received the ineffective assistance of counsel. Following our review of the record and the parties' briefs, we affirm the judgment of the post-conviction court denying post-conviction relief.


Court: TCCA


Vanessa King (at hearing), Philip A. Condra and Robert G. Morgan (on appeal) Jasper, Tennessee, for the Appellant, Michael Wayne Thomas.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Melissa Roberge, Assistant Attorney General; J. Michael Taylor, District Attorney General; Steve Blount, Assistant District Attorney General, for the Appellee, State of Tennessee.


The Defendant, Michael Wayne Thomas, pled guilty to manufacturing a Schedule II controlled substance, and the trial court sentenced him to a four-year suspended sentence and ordered him to meet the conditions of a community corrections sentence. A warrant was issued alleging the Defendant had violated his probation, and, after a hearing, the trial court revoked the Defendant's probation. On appeal the Defendant concedes that he violated his probation but contends that his probation supervision was in violation of Tennessee Department of Correction ("TDOC") rules regarding the use of community corrections funding and that this Court should review the record and law to determine whether this violation should nullify the order revoking his probation. After a thorough review of the evidence and the applicable authorities, we affirm the trial court's judgment.


Court: TCCA


Christopher Westmoreland (at trial), Shelbyville, Tennessee, and Hershell D. Koger (on appeal), Pulaski, Tennessee, for the Appellant, Derrick Brandon Wells.

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


A jury convicted the Defendant, Derrick Brandon Wells, of both the sale and delivery of over .5 grams of a Schedule II controlled substance, crack-cocaine. The trial court merged the convictions and sentenced the Defendant as a Range II, multiple offender to twenty years and fined the Defendant $75,000. The Defendant appeals, contending the evidence was insufficient to support his conviction of the sale of crack-cocaine. After reviewing the record and relevant authorities, we affirm the judgment of the trial court.


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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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