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Wednesday, July 28, 2010

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Judge blocks key provisions of Arizona's immigration law

U.S. District Court Judge Susan Bolton dealt a blow to Arizona's controversial new immigration law today as she blocked key provisions just hours before it was set to take effect. Among the provisions struck down were requirements that law enforcement officers check immigration status while enforcing other laws and that immigrants carry identification at all times. The judge also blocked a prohibition on undocumented workers soliciting employment in public places and a provision allowing officers to make warrantless arrests of suspected illegal immigrants. According to Politico.com, Governor Jan Brewer said the state would soon file an expedited appeal with the U.S. Court of Appeals for the 9th Circuit and would "battle all the way to the Supreme Court, if necessary."

Law.com has the full story from The Associated Press

TODAY'S OPINIONS
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VICKY L. BENSON v. OLD REPUBLIC INSURANCE COMPANY, ET AL.

Court: TWCA

Attorneys:

Eugene B. Dixon, Maryville, Tennessee, for the appellant, Vicky L. Benson.

Joshua A. Wolfe, Knoxville, Tennessee, for the appellees, Old Republic Insurance Company and New Gray Cemetery.

Judge: BLACKWOOD

Pursuant to Tennessee Supreme Court Rule 51, this workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Vicky Benson ("Employee") developed bilateral carpal tunnel syndrome in 2002, as a result of her work for New Gray Cemetery ("Employer"). Her claim was accepted. She had surgery on her right arm in 2004 and returned to work. After her return, she was terminated for reasons not related to her injury. She continued to receive conservative medical treatment from time to time. She found new employment in 2006. In September 2007, her treating physician recommended surgery for her left arm. Employer denied the claim, contending that her subsequent employer was liable for the condition and its effects. The trial court ruled that Employee's condition had been worsened by her later employment, and dismissed the claim. On appeal, Employee contends that the evidence preponderates against the trial court's finding. We affirm the judgment.

http://www.tba2.org/tba_files/TSC_WCP/2010/bensonv_072810.pdf

WENDY BLAIR v. WYNDHAM VACATION OWNERSHIP, INC.

Court: TWCA

Attorneys:

Christopher Brown and Adam Russell, Knoxville, Tennessee, for the appellant, Wyndham Vacation Ownership.

George R. Garrison, Sevierville, Tennessee, for the appellee, Wendy Blair.

Judge: BELL

Pursuant to Tennessee Supreme Court Rule 51, this workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Wendy Blair ("Employee") sustained injuries as a result of a fall which occurred in the course of her work as a sales agent for Wyndham Vacation Ownership ("Employer"). The trial court found that she suffered permanent injuries to her neck and lower back due to the fall and that she had not made a meaningful return to work. The trial court awarded Employee 78% permanent partial disability ("PPD") benefits to the body as a whole. Employer has appealed from that judgment. We conclude that the trial court erred in its finding that Employee did not have a meaningful return to work. Consequently, we modify the judgment to award 19.5% PPD to the body as a whole.

http://www.tba2.org/tba_files/TSC_WCP/2010/blairw_072810.pdf

TRANSPORT SERVICE, LLC v. DONALD ALLEN

Court: TWCA

Attorneys:

Meredith B. Weaver, Knoxville, Tennessee, for the appellant Transport Service, LLC.

Anthony A. Seaton and Mary M. Renfroe, Johnson City, Tennessee, for the appellee Donald Allen.

Judge: LEE

Pursuant to Tennessee Supreme Court Rule 51, this workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee alleged a compensable injury to his right shoulder and a compensable mental injury. His employer denied that the alleged mental injury was compensable. The trial court found both injuries to be compensable and awarded 50% permanent partial disability to the body as a whole. On appeal, the employer contends that the trial court erred by awarding benefits for the mental injury and by finding that the employee did not have a meaningful return to work. The employee contends that the trial court erred by accepting the impairment rating of the Medical Impairment Rating Registry physician and in the trial court's application of the concurrent injury rule. We conclude that the evidence preponderates against the trial court's finding that the employee sustained a compensable mental injury and modify the judgment accordingly.

http://www.tba2.org/tba_files/TSC_WCP/2010/transportservice_072810.pdf

CATHY L. CHAPMAN, ET AL. v. JAMES V. LEWIS, M.D., ET AL.

Court: TCA

Attorneys:

Charles T. Herndon, IV, Johnson City, Tennessee, for the appellant, James V. Lewis, M.D.

Jeffrey M. Ward, Greeneville, Tennessee, for the appellant, George M. Testerman, Jr., M.D.

Richard L. Duncan, Knoxville, Tennessee, and John Bandeian, Bristol, Tennessee, for the appellee, Cathy L. Chapman.

Judge: SUSANO

On April 10, 2000, William D. Chapman, II ("the Deceased") was involved in a motor vehicle accident. As a result of his injuries, he was admitted to Holston Valley Hospital and Medical Center in Kingsport where he came under the care of trauma surgeons, the defendants, James V. Lewis, M.D., and George M. Testerman, Jr., M.D., as well as other physicians and medical personnel. The plaintiff, Cathy L. Chapman, brought this wrongful death action against the defendants based upon her allegation that they were guilty of medical malpractice in the treatment of her husband; she claims that their malpractice caused the death of the Deceased on April 15, 2000. Following eight days of a jury trial in July 2008, counsel for the parties made their closing arguments. During the defense's argument, counsel for the plaintiff objected when counsel for Dr. Testerman projected on a video screen what purported to be the Q. and A. trial testimony of the plaintiff's medical expert, Dr. Philip Witorsch. The trial court overruled the objection and thereafter the jury returned a verdict in favor of both defendants. Later, the trial court, acting on the plaintiff's motion, reversed itself and held that the defendants failed to lay a proper foundation for the use of the projected testimony. The court also pointed out that the defendants failed to give the plaintiff prior notice of their intention to use portions of the trial transcript in closing argument. As a consequence, the court granted the plaintiff a new trial. The defendants appeal. We reverse the trial court's grant of a new trial and reinstate the court's judgment in favor of the defendants.

http://www.tba2.org/tba_files/TCA/2010/chapmanc_072810.pdf

STATE OF TENNESSEE, ex rel DONNA J. COTTINGHAM v. WILLIAM B. COTTINGHAM

Court: TCA

Attorneys:

Lauren W. Moss, Franklin, Tennessee, for the appellant, William B. Cottingham.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Amy T. McConnell, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee ex rel Donna J. Cottingham.

Judge: HIGHERS

This appeal involves a father's child support and alimony arrearages. The trial court found the father in contempt and sentenced him to ten days in jail, with three days suspended. The court also awarded interest on the alimony and child support arrearages. We affirm in part and reverse and vacate in part.

http://www.tba2.org/tba_files/TCA/2010/cottinghamd_072810.pdf

TINA MARIE JENNINGS ELAM (ENGLE) v. LARRY DANIEL ELAM, JR.

Court: TCA

Attorneys:

Daryl M. South, Murfreesboro, Tennessee, for the appellant, Larry Daniel Elam, Jr.

Brad W. Hornsby, Murfreesboro, Tennessee, for the appellee, Tina Marie Elam (Engle).

Judge: COTTRELL

The father has appealed from the trial court's order naming the mother as the primary residential parent and allowing her to move to Indiana with the parties' minor child. Because the trial court's order does not resolve all the claims between the parties, we dismiss the appeal for lack of a final judgment.

http://www.tba2.org/tba_files/TCA/2010/elamt_072810.pdf

JAMES Q. HOLDER, et al., v. WESTGATE RESORTS LTD., a Florida Limited Partnership d/b/a WESTGATE SMOKY MOUNTAIN RESORT AT GATLINBURG
CORRECTION in the majority opinion

Court: TCA

Attorneys:

John M. Lawhorn, Knoxville, Tennessee, for the appellant, Westgate Resorts, Ltd.

James H. Ripley, Sevierville, Tennessee, for the appellees, James Q. Holder and wife, Laura C. Holder.

Judge: FRANKS

Plaintiff sustained personal injuries resulting from a fall on defendant's premises and brought this action for damages, which resulted in a jury verdict in favor of plaintiff for damages against defendant. Defendant appealed, and asserted that the Trial Judge erred when he refused to allow defendant's expert to testify to his conversation with a third party. On appeal, we hold that the Trial Court erred in refusing to allow the proffered testimony, but the error was harmless. We affirm the Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2010/holderj_corr_072810.pdf

SUSANO concurring in part and dissenting in part
http://www.tba2.org/tba_files/TCA/2010/holderj_CON_072810.pdf

ROBERT A. LEEDY v. THE REALTY STORE, INC., ET AL.

Court: TCA

Attorneys:

Lewis S. Howard, Jr., and Elizabeth S. Dodd, Knoxville, Tennessee, for the appellant, Robert A. Leedy.

Scott D. Hall, Sevierville, Tennessee, for the appellees, The Realty Store, Inc., and Judy L. Jones dba The Realty Store.

James H. Ripley, Sevierville, Tennessee, for the appellees, CNB BancShares, Inc., dba Citizens National Bank.

Judge: SUSANO

The individual principals in this appeal are Robert A. Leedy and Judy L. Jones. The dispute arises from their joint ownership of a business operated as The Realty Store, Inc. ("the Agency"). Differences arose in September 2005 and the principals executed numerous documents, including quitclaim deeds dividing up jointly-held real properties as well as transfer agreements on businesses they had operated together. Leedy transferred to Jones all "right, title and interest" in the Agency, and, at the same time, Leedy signed a document pursuant to which he continued to be associated with the Agency as an "independent contractor." Under his independent contractor agreement, he was to receive a commission of 10% of the income brought to the Agency by way of Leedy's property management accounts. After September 2005, Leedy continued to deposit receipts into a property management escrow account that he had opened prior to September 2005. However, after paying property owners and expenses, Leedy used the balance of the funds in the account as his own rather than pay them into the Agency. When she became aware of this, Jones caused a criminal investigation to be initiated against Leedy, and Leedy, in turn, filed his complaint initiating this action against Jones. He claimed, among other things, that the Agency was operated as a partnership, even after September 2005, and that he was entitled to an accounting and his share of the profits. Jones filed a counterclaim seeking to recover business funds that Leedy used for his personal benefit, both before and after September 2005. As the trial date approached, Leedy moved for a continuance on the basis of Jones's withholding of, and late production of, voluminous documents. The trial court denied the motion. After a bench trial, the court found that, in September 2005, the principals "settled up" their affairs and that thereafter Leedy wrongfully took an excess of $131,489.99, for which the court gave the Agency a judgment. The court declined to award the Agency approximately $70,000 that it claimed Leedy had taken before September 2005 in excess of what he had earned. Leedy appeals, challenging the trial court's denial of a continuance, among other things, including the award to the Agency. Jones and the Agency challenge the trial court's refusal to award judgment against Leedy for the monies taken before September 2005. We affirm.

http://www.tba2.org/tba_files/TCA/2010/leedy_072610.pdf

JANICE MADDOX v. TENNESSEE STUDENT ASSISTANCE CORPORATION

Court: TCA

Attorneys:

James L. Harris, Nashville, Tennessee, for the appellant, Janice Maddox.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, Steven B. McCloud, Senior Counsel, Nashville, Tennessee, for the appellee, Tennessee Student Assistance Corporation.

Judge: HIGHERS

Employee sued her employer under the Tennessee Human Rights Act, alleging that she was denied a promotion because of her race. The trial court granted summary judgment to the employer. We reverse the summary dismissal and remand for further proceedings.

http://www.tba2.org/tba_files/TCA/2010/maddoxj_072810.pdf

STATE OF TENNESSEE v. JEFFERY LEE ARNOLD

Court: TCCA

Attorneys:

Paul Cross, Monteagle, Tennessee, for the appellant, Jeffery Lee Arnold.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; J. Michael Taylor, District Attorney General, and William Copeland, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Jeffrey Lee Arnold, pled guilty to simple possession of marijuana, a Class A misdemeanor, but reserved a certified question for appeal. The question presented is whether law enforcement officers who entered the defendant's house and discovered the marijuana forming the basis for the charge in this cause, had the right to enter under the Fourth Amendment to the United States Constitution and Article I, section 7 of the Tennessee Constitution. After reviewing the record, we conclude that the marijuana was lawfully seized from the defendant, and we affirm the judgment from the trial court.

http://www.tba2.org/tba_files/TCCA/2010/arnoldj_072810.pdf

STATE OF TENNESSEE v. DAVID L. BAKER

Court: TCCA

Attorneys:

Thomas H. Bilbrey, Assistant Public Defender, Lafayette, Tennessee, for the appellant David L. Baker.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General, and Jimmy Lea, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

In April 2004, Appellant, David L. Baker, pled guilty in Jackson County to one count of aggravated assault. Pursuant to the plea agreement, Appellant was ordered to serve four years on probation. Appellant's probation officer filed a probation violation warrant alleging that Appellant had violated Rules 1 and 4 of the probation order. Following a hearing, the trial court revoked Appellant's probation based upon a violation of Rule 10 of the probation order. Appellant appealed to this Court arguing that his right to due process had been violated because he did not receive sufficient notice of the Rule 10 violation to support the revocation of his probation. We have reviewed the record on appeal and must agree with Appellant. The trial court based the revocation upon a violation which was not alleged in the probation violation warrant and Appellant had neither written nor actual notice of the allegation of this violation. Therefore, we reverse the revocation of Appellant's probation and remand for further proceedings in accordance with this opinion.

http://www.tba2.org/tba_files/TCCA/2010/bakerd_072810.pdf

STATE OF TENNESSEE v. NORMAN EUGENE BANKS

Court: TCCA

Attorneys:

James H. Threet, III, Manchester, Tennessee, for the appellant, Norman Eugene Banks.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Charles Michael Layne, District Attorney General; and Jason M. Ponder, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Defendant, Norman Eugene Banks, was indicted for initiation of a process intended to result in the manufacture of methamphetamine, a Class B felony, in count one of the indictment, and possession of drug paraphernalia, a Class A misdemeanor, in count two. Following a bench trial, the trial court as trier of fact found Defendant guilty of the lesser included offense of attempt to initiate of a process intended to result in the manufacture of methamphetamine, a Class C felony, and possession of drug paraphernalia. The trial court sentenced Defendant as a Range II, multiple offender, to eight years for his Class C felony conviction and eleven months, twenty-nine days for his misdemeanor conviction, to be served concurrently for an effective sentence of eight years. On appeal, Defendant argues that (1) the trial court erred in denying his motion to dismiss the indictment based on his assertion that the language in Tennessee Code Annotated section 39-17-435 is unconstitutionally vague and overbroad; (2) the statutory presumption created in Tennessee Code Annotated section 39-17-435 is unconstitutional; (3) the offense of attempt to initiate a process intended to result in the manufacture of methamphetamine is not a recognizable offense in Tennessee; and (4) the evidence is insufficient to support Defendant's conviction of possession of drug paraphernalia. After a thorough review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/banksn_072810.pdf

STATE OF TENNESSEE v. JONATHAN LOUIS BARNETT

Court: TCCA

Attorneys:

George Morton Googe, District Public Defender; and Hewitt Chatman, Assistant Public Defender, attorneys for appellant, Jonathan Louis Barnett.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Rachel E. Willis, Assistant Attorney General; James G. Woodall, District Attorney General; and Angela R. Scott, Assistant District Attorney General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The Defendant, Jonathan Louis Barnett, was convicted of statutory rape, a Class E felony; coercion of a witness, a Class D felony; and attempted sexual exploitation of a minor, a Class E felony. Pursuant to a plea agreement, the Defendant pled guilty to violating the sexual offender registry laws, a Class E felony, in exchange for concurrent sentencing on all of his convictions. The trial court sentenced the Defendant to two years for each of the Class E felonies and four years for the Class D felony. The trial court ordered the sentences to be served concurrently with one another but consecutively to a sentence imposed in an unrelated case. In this appeal as of right, the Defendant contends that the evidence was insufficient to support his convictions of statutory rape, coercion of a witness, and attempted sexual exploitation of a minor. Following our review, we reverse and dismiss the Defendant's conviction of coercion of a witness. We affirm the judgments of the trial court relating to the Defendant's other convictions.

http://www.tba2.org/tba_files/TCCA/2010/barnettj_072810.pdf

BARRY BROWN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Andre B. Mathis, Memphis, Tennessee, attorney for appellant, Barry Brown.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William L. Gibbons, District Attorney General; and Lora Fowler, Assistant District Attorney General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The Petitioner, Barry Brown, filed a petition for post-conviction relief attacking his convictions of three counts of aggravated robbery on the basis of ineffective assistance of trial counsel. Following an evidentiary hearing, the post-conviction court denied relief based upon its finding that the Petitioner had failed to prove his allegations by clear and convincing evidence. In this appeal as of right, the Petitioner contends that trial counsel was ineffective in failing to suppress his statement, in preparing for trial, and in failing to present any mitigating evidence at his sentencing hearing. Following our review, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2010/brownb_072810.pdf

STATE OF TENNESSEE v. PHILLIP G. HARRIS
CORRECTION on page 1 changes "Appeal as of Right" to "Appeal Dismissed"

Court: TCCA

Attorneys:

Clayton M. Whittaker, Chattanooga, Tennessee, for the Defendant-Appellant, Phillip G. Harris.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Charles E. Layne, District Attorney General; and Kenneth Shelton, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

The Defendant-Appellant, Phillip G. Harris, pled guilty to aggravated sexual battery, a Class B felony, in the Circuit Court for Coffee County. Pursuant to the plea agreement, he was sentenced as a violent offender to eight years in the Tennessee Department of Correction. The judgment order did not impose lifetime community supervision following the expiration of Harris' sentence as required by Tennessee Code Annotated section 39-13-524. Consequently, the State filed a motion to amend the judgment order. The trial court entered a corrected judgment order that imposed lifetime community supervision. On appeal, Harris challenges the validity of his guilty plea and the constitutionality of the lifetime supervision statute. The State contends this court lacks jurisdiction to hear this appeal because Rule 3 of the Tennessee Rules of Appellate Procedure does not provide for an appeal as of right. Upon review, we agree with the State and dismiss Harris' appeal.

http://www.tba2.org/tba_files/TCCA/2010/harrisp_corr_072810

STATE OF TENNESSEE v. JAMES EDGAR LEVERETTE

Court: TCCA

Attorneys:

Donna Orr Hargrove, District Public Defender, and Michael J. Collins, Assistant Public Defender, Shelbyville, Tennessee, for the appellant, James Edgar Leverette.

Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, James Edgar Leverette, stands convicted of theft of property over $500, a Class E felony. The trial court sentenced him as a career offender to six years in the Tennessee Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence, arguing that the value of the property was under $500. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/leverettej_072810.pdf

BRANDYCE LUSBY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Joseph T. Howell, Jackson, Tennessee, attorney for appellant, Brandyce Lusby.

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

Judge: THOMAS

The Petitioner, Brandyce Lusby, appeals as of right from the Madison County Circuit Court's denial of her petition for post-conviction relief challenging her guilty plea convictions for second degree murder, attempted especially aggravated robbery, and tampering with evidence for which she received an effective sentence of forty years. The Petitioner challenged the performance of trial counsel and the voluntariness of her guilty plea. Following an evidentiary hearing, the post-conviction court denied relief. We affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2010/lusbyb_072810.pdf

STATE OF TENNESSEE v. MICHAEL MAPLES

Court: TCCA

Attorneys:

Jonathan M. Holcomb, Morristown, Tennessee, for the appellant, Michael Maples.

Robert E. Cooper, Attorney General and Reporter; John H. Bledsoe, Senior Counsel; C. Berkeley Bell, District Attorney General; and Kevin Keeton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

The Defendant, Michael Maples, was convicted by a Hamblen County Criminal Court jury of one count of facilitation of aggravated assault, a Class D felony, and one count of aggravated burglary, a Class C felony. He was sentenced as a Range I, standard offender to four years and six years, respectively, to be served concurrently in the custody of the Department of Correction. In this appeal as of right, he argues that the trial court erred in denying his motion for a mistrial based upon the State's failure to provide exculpatory evidence pretrial. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/maplesm_072810.pdf

STATE OF TENNESSEE v. DAVID NELSON MCCOY

Court: TCCA

Attorneys:

Dawn Deaner, District Public Defender, Jeffery A. DeVahser (on appeal), Tyler Chance Yarbro (at trial), and Jonathan F. Wing (at trial), Assistant Public Defenders, Nashville, Tennessee, for the appellant, David Nelson McCoy.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Amy Eisenbeck, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, David Nelson McCoy, pled guilty to voluntary manslaughter, a Class C felony, and received a negotiated sentence of ten years, as a Range I standard offender, in the Tennessee Department of Correction. On appeal, the defendant challenges the trial court's imposition of a sentence of continuous confinement. Following our review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/mccoyd_072810.pdf

STATE OF TENNESSEE v. JENNIFER LEEANN NOWLIN

Court: TCCA

Attorneys:

Donna Orr Hargrove, District Public Defender, Michael J. Collins (on appeal and at trial) and Catherine H. Hickerson (at trial), Assistant District Public Defenders, Shelbyville, Tennessee, for the appellant, Jennifer LeeAnn Nowlin.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Jennifer LeeAnn Nowlin, pled guilty to aggravated burglary, a Class C felony, and conspiracy to commit aggravated burglary, a Class D felony. The trial court sentenced her as a Range II multiple offender to eight years for aggravated burglary concurrent with six years for the conspiracy charge, to be served in the Tennessee Department of Correction. On appeal, the defendant argues that her sentence is excessive. Following our review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/nowlinj_072810.pdf

STATE OF TENNESSEE v. WILLIAM ROBERT WILSON

Court: TCCA

Attorneys:

David N. Brady, District Public Defender and Allison M. Rasbury, Assistant Public Defender, Cookeville, Tennessee, for the appellant, William Robert Wilson.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Bill Gibson, District Attorney General, and Marty Savage, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant William Robert Wilson, was arrested for driving under the influence ('DUI') after being observed driving erratically by a deputy with the Putnam County Sheriff's Office. The Putnam County Grand Jury indicted Appellant for one count of DUI; one count of DUI, third offense; one count of driving on a revoked license; and one count of violation of the implied consent law. Following a jury trial and his waiver of proof regarding DUI, third offense, Appellant was convicted of DUI and driving on a revoked license and entered a plea to DUI, third offense. The trial court sentenced Appellant to eleven months and twenty-nine days for DUI, third offense and five months and twenty-nine days for driving on a revoked license. These sentences were ordered to be served concurrently with service of 130 days in confinement and the remainder in a community-based alternative program. Appellant appeals arguing that: (1) the evidence was insufficient to support his conviction for DUI; (2) the trial court erred in denying Appellant's motion to dismiss his case because the officer did not have reasonable suspicion to support the traffic stop; (3) the trial court erred in denying Appellan''s motion for continuance; and (4) the trial court erred in denying Appellant's request for a jury instruction on the State's duty to preserve evidence. We have reviewed the record on appeal and have found no basis for reversal. Therefore, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/wilsonw_072810.pdf

STATE OF TENNESSEE v. TAJ O'CHANCEY YOUNG

Court: TCCA

Attorneys:

Roger E. Nell, District Public Defender, and Sarah R. King, Assistant District Public Defender, for the appellant Tay O'Chancey Young.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; John Carney, District Attorney General, and Ann M. Kroeger, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

As a result of a guilty plea, the Robertson County Circuit Court, sentenced Appellant, Taj O'Chancey Young, to an effective sentence of four years. The sentence was ordered to be served on community corrections. Appellant was placed under the supervision of a case officer on March 20, 2009. On June 29, 2009, the case officer filed a violation warrant. A second amended violation warrant was filed on August 28, 2009, asserting additional grounds. After a hearing on the warrants, the trial court revoked Appellant's community corrections sentence and ordered Appellant to serve the remainder of his sentence in incarceration. Appellant has appealed the revocation of his community corrections sentence. After a thorough review of the record, we conclude that the trial court did not abuse its discretion in revoking the community corrections sentence. Therefore, we affirm the decision of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/youngt_072810.pdf

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Legal News

State requests new Harbison execution date

The state filed a motion Monday asking the Supreme Court to set a new date for the execution of Edward Jerome Harbison, contending there is now "no legal impediment" to his execution since the U.S. District Court for the Middle District of Tennessee on July 12 vacated its injunction against execution. The move came in response to a ruling by the Sixth Circuit Court of Appeals. Read the state's motion and all filings in the case on the AOC website

The Tennessean covers the story

Tennessee ACLU joins national fight over FBI records

The American Civil Liberties Union of Tennessee on Tuesday asked that the Federal Bureau of Investigation turn over records related to the collection and use of race and ethnicity data in local communities. The ACLU contends the documents reveal the "FBI's attempt to collect and map demographic data using race-based criteria for targeting purposes," which could "invite unconstitutional racial profiling by law enforcement."

The Nashville City Paper reports

Nashville firm changes name

The Nashville law firm of Parker, Lawrence, Cantrell & Dean has announced that effective Aug. 1 the firm will be known as Parker, Lawrence, Cantrell & Smith. The new name acknowledges the departure of George Dean and the addition of Richard K. Smith, who joined the firm in 1987 and became managing partner in 2003. Smith maintains an estate planning and workers' compensation practice.