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CORRECTION On page two, within second paragraph at second line, the word "inadmissable" has been changed to "inadmissible"; On page nine, within first full paragraph at line five, "insure" has been changed to "ensure"

Court: TSC


Jeffery Scott Griswold, Knoxville, Tennessee, for the appellant, Torrey L. Frazier.

Robert E. Cooper, Jr., Attorney General & Reporter; Michael E. Moore, Solicitor General; Matthew Bryant Haskell and Leslie E. Price, Assistant Attorneys General; Russell Johnson, District Attorney General; and Frank A. Harvey, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

Upon his conviction for second-degree murder and affirmance by the Court of Criminal Appeals, the petitioner, represented by retained counsel, filed a post-conviction petition asserting several different grounds for relief. The State conceded that the trial court should grant a delayed appeal for the purpose of filing an application for permission to appeal to this Court. In accordance with Tennessee Supreme Court Rule 28, the remaining issues were stayed. When this Court denied permission to appeal, retained counsel continued to represent the petitioner throughout the evidentiary hearing as to the various claims of ineffective assistance of counsel at trial. The trial court denied relief, and the Court of Criminal Appeals affirmed. We granted the application for permission to appeal to consider the question of conflict of interest. Because the petitioner is entitled to conflict-free counsel under the Post- Conviction Procedure Act of 1995 as augmented by Supreme Court Rules 28 and 8, the cause is remanded for a determination of whether the petitioner had knowingly and voluntarily waived that right. If not, he is entitled to substitution of counsel, the opportunity to amend the petition, and a new evidentiary hearing on all issues presented.

STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES, v. Christie H., et al., IN THE MATTER OF: R.H. and J.H., Children Under Eighteen (18) Years of Age

Court: TCA


William Roberson, Cookeville, Tennessee, for the appellant, Christie H. Daryl A. Colson, Livingston, Tennessee, for the appellant, Steven H.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and Douglas Earl Dimond, Senior Counsel, Nashville, Tennessee, for the appellee, State of Tennessee Department of Children's Services.


The parents of the two minor children in a trial in Circuit Court, were found to have committed severe child abuse by knowing or failing to protect the children from sexual abuse by a grandparent and the children were dependent and neglected. That Judgment by the Circuit Court awarded legal custody to the Department of Children's Services. No appeal was taken from that Judgment. Approximately a year and a half later, the parents filed a Rule 60.02 motion in Circuit Court, seeking an opportunity to reopen the period for filing an appeal from that Judgment to the Court of Appeals. After an evidentiary hearing, the Circuit Court ruled that the parents were not entitled to the relief they sought under Rule 60.02. On appeal, we affirm the Judgment of the Circuit Court.


Court: TCA


C. Michael Cardwell, Nashville, Tennessee, for the appellant, Daisy P. Dennis L. Nordhoff, Franklin, Tennessee, for the appellant, Antonio L.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Elizabeth C. Driver, Senior Counsel; for the appellee, State of Tennessee, Department of Children's Services.


The trial court terminated the parental rights of mother and father to their four children. Because there was clear and convincing evidence to support the trial court's decision, we affirm that decision.


Court: TCA


Art D. Wells, Jackson, Tennessee, for the appellant, William W. Reed.

Roger A. Staton, Jackson, Tennessee, for the appellee, Bill McDaniel.

Christopher H. Crain, Jackson, Tennessee, for the appellee, Ahmed Elsebae.


This is a premises liability case. Plaintiff/Appellant sustained injuries after a fall through the second-story floor of a water-damaged building. The trial court granted summary judgment in favor of the Defendants/Appellees, finding that the danger was open and obvious, that Defendants/Appellees had warned of the danger, and that Plaintiff/Appellant was at least 50% at fault for his own injuries, thus negating his negligence claim under McIntyre v. Balentine, 833 S.W.2d 52 (Tenn.1992). Finding no error, we affirm.


Court: TCA


Thomas Wesley Hardin and Wesley Mack Bryant, Columbia, Tennessee, for the appellant, Gaylon Stockman.

Paul A. Bates, Lawrenceburg, Tennessee, for the appellee, Debra Corpier Stockman.


In this divorce proceeding, Husband challenges the trial court's awards of spousal support, child support, and attorney's fees. Finding that the evidence preponderates against the court's findings regarding the parties' voluntary underemployment, those findings are reversed and the award of child support is vacated and remanded for reconsideration; the award of spousal support is also vacated in part and remanded for reconsideration. Finding that the court abused its discretion in setting the amount of attorney's fees awarded, that award is vacated and remanded for reconsideration.


Court: TCCA


Aubrey Clark Baker, pro se.

Robert E. Cooper, Jr., Attorney General & Reporter, for the appellee, State of Tennessee.

Judge: SMITH

The Appellant, Aubrey Clark Baker, appeals the trial court's denial of his motion for a reduction of sentence. Because the Appellant's motion was not timely filed, the judgment of the trial court is affirmed.


Court: TCCA


J. Colin Morris, Jackson, Tennessee, for the Petitioner-Appellant, Michael Bills.

Robert E. Cooper, Jr., Attorney General and Reporter, Clarence E. Lutz, Assistant Attorney General; James G. Woodall, District Attorney General; and Brian M. Gilliam, Assistant District Attorney General, for the Appellee, State of Tennessee.


The Petitioner, Michael Bills, appeals from the Madison County Circuit Court's denial of post-conviction relief from his conviction for possession with the intent to sell one-half gram or more of cocaine, a Class B felony. In his appeal, the Petitioner argues that he received ineffective assistance of counsel because trial counsel (1) failed to call two witnesses to testify at trial and (2) failed to properly prepare a defense. Upon review, we affirm the judgment of the trial court.


Court: TCCA


H. Scott Saul, for the appellant, Monoleto D. Green.

Robert E. Cooper, Jr., Attorney General & Reporter, for the appellee, State of Tennessee.

Judge: SMITH

The Appellant appeals the trial court's dismissal of his petitions for habeas corpus and error coram nobis relief. Finding no error in the trial court's orders, the judgment of the trial court is affirmed.


Court: TCCA


S. Joanne Sheldon, Newport, Tennessee (on appeal and at trial), and Keith E. Haas, Assistant Public Defender (at trial), for the appellant, Robert Lee Green.

Robert E. Cooper, Jr., Attorney General and Reporter, Sophia S. Lee, Assistant Attorney General, James B. Dunn, District Attorney General, and Amanda H. Lowe, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Robert Lee Green, appeals from the trial court's denial of his motion to withdraw his guilty plea. Discerning no error, we affirm the judgments of the trial court.


Court: TCCA


Christine W. Stephens and Brett A. Schubert, Memphis, Tennessee, attorneys for the appellant, Charles Sharp.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William L. Gibbons, District Attorney General; and David Pritchard, Assistant District Attorney General; for the appellee, State of Tennessee.

Judge: SMITH

The Shelby County Grand Jury indicted Appellant, Charles Sharp, for one count of especially aggravated sexual exploitation of a minor, four counts of rape, one count of sexual battery by an authority figure, and one count of vandalism. An initial trial resulted in an acquittal for all charges except the especially aggravated sexual exploitation of a minor. At the second trial, a key witness was unavailable. Over the objection of Appellant, her redacted testimony from the first trial was read to the jury and presented as evidence. The jury convicted Appellant as charged. He was sentenced to nine years as a Range I, standard offender. On appeal, Appellant argues that his constitutional right of confrontation was violated by the State's presentation of the previous testimony of this witness, that the evidence was insufficient to support his conviction, that the trial court erred in sentencing Appellant to nine years as a Range I, standard offender, and that the trial court erred in denying probation. After a thorough review of the record, we have determined that the evidence is sufficient to sustain the verdict and that Appellant was properly sentenced. However, the State failed to adequately prove that it had made a good faith effort to locate the missing witness' testimony from Appellant's first trial violated Appellant's constitutional right to confront the witness. Therefore, this case is reversed and remanded for a new trial.

Traffic Cameras

TN Attorney General Opinions

Date: 2010-02-23

Opinion Number: 10-17

Authority of Judge Exercising General Sessions Court Jurisdiction to Expunge Defendant's Criminal Record

TN Attorney General Opinions

Date: 2010-02-23

Opinion Number: 10-18


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