 |
| Thursday, December 16, 2010 |
|
| |
| |
Investiture ceremony for Ed Stanton set for Friday
The Investiture Ceremony of Edward L. Stanton III, as United States
attorney for the Western District of Tennessee will be Friday, Dec.
17, at 2 p.m. in the City Hall Council Chambers (125 North Main St). A
reception will follow the ceremony in the Hall of Mayors.
|
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.
01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
00 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - 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.
|
|
|
|
|
|
STATE OF TENNESSEE v. TERRY PHELPS
Court: TSC
Attorneys:
Thomas F. Bloom (on appeal), Nashville, Tennessee, and Emeterio "Terry" Hernando (at trial court), Lewisburg, Tennessee, for the appellant, Terry Phelps.
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Rachel West Harmon, Asst. Attorney General; Charles Crawford, District Attorney General; Michael D. Randles, Asst. District Attorney General, for the appellee, State of Tennessee.
Judge: CLARK
The defendant, a convicted violent sexual offender, was released on parole in 2006. He registered pursuant to the Tennessee Sexual Offender and Violent Sexual Offender
Registration, Verification, and Tracking Act of 2004 ("the Registration Act"), listing a primary address in Bedford County and a secondary address in Rutherford County. He was
subsequently arrested in Lincoln County and charged with violating the Registration Act. Defendant tendered an "open" guilty plea but moved to withdraw his plea prior to being
sentenced. After a hearing, the trial court ruled that the defendant had "merely had a change of heart" and denied the motion. The trial court later sentenced the defendant as a Range II offender to three years in the Department of Correction. The defendant appealed the trial court's decision on his motion to withdraw plea and his sentence. The Court of Criminal Appeals affirmed. We hold that the trial court committed reversible error in failing to apply the correct analysis in determining whether the defendant had established a "fair and just reason" for withdrawing his guilty plea. We further hold that Defendant established sufficient grounds for the withdrawal of his guilty plea. The judgments of the trial court and the Court of Criminal Appeals are reversed, the defendant's motion to withdraw his guilty
plea is granted, and this matter is remanded to the trial court for further proceedings consistent with this opinion.
http://www.tba2.org/tba_files/TSC/2010/phelpst_121610.pdf
STATE OF TENNESSEE v. JIMMY CURTIS ADKINS
Court: TCCA
Attorneys:
Ardena J. Garth, District Public Defender; and Richard Kenneth Mabee, Assistant District Public Defender, for the appellant, Jimmy Curtis Adkins.
Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General and Reporter; Bill Cox, District Attorney General; and James Woods, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, Jimmy Curtis Adkins, was found guilty by a Hamilton County Criminal Court jury of promoting the manufacture of methamphetamine, a class D felony, and
initiating the manufacture of methamphetamine, a Class B felony. See T.C.A. sections 39-17-433,-435 (2010). He was sentenced as a Range II, multiple offender to six years' and fourteen years' confinement, respectively, to be served concurrently but consecutively to the Defendant's convictions in Georgia. On appeal, he contends that (1) the evidence was
insufficient to support his convictions, (2) the trial court erred in denying his motion to suppress evidence, and (3) the trial court erred during sentencing by considering prior
convictions that were not proven by certified copies of the convictions and by considering enhancement factors that were not submitted to the jury. We affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2010/adkinsj_121610.pdf
|
|
 |
|
| TODAY'S NEWS |
|
Tenn. Supreme Court
Legal News
Tenn. Government
TBA Member Services
|
| Tenn. Supreme Court |
| Habitat can keep buiding in North Nashville |
| The Tennessee Supreme Court has denied a last-chance appeal from a group called Concerned Neighbors of Nashville. Members complained that their part of north Nashville already has too many Habitat for Humanity homes and an even larger low-income development will drive down property values.
Lower courts have sided with Habitat, although the group is lamenting the cost to defend itself in the multi-year lawsuit -- $120,000, enough to build two homes. |
WPLN has the story
|
| Legal News |
| Dannon to pay $21 million in Tennessee-led case |
| The Dannon Company has agreed to pay $21 million and ditch some of its health claims for Activia yogurt and DanActive dairy drink.
The case, led by attorneys general in Tennessee and Oregon, represents the largest attorney general consumer protection multi-state settlement ever reached with a food producer.
The two lead states -- Tennessee and Oregon -- will receive $1.06 million under the agreement, and the remainder of the money will be divided among the other nearly three dozen states involved. |
The Tennessean has the story
|
| Social media law embraced by Memphis lawyer |
| Memphis lawyer Charlie Hill is making a niche for his practice in the area of social media.
"This whole area of what is and what isn't private in social media is evolving daily, so there are no hard and fast lines and you can't apply a traditional analysis of what's private conduct versus public conduct," Hill told the Memphis Daily News. |
Read the profile
|
| NSL student now also a citizen |
| A student at the Nashville School of Law, Cuban-born Marlen Santana Perez, officially became a U.S. citizen last week after years of worrying about being deported.
"If a Cuban has a deportation order, it's because the case is botched," said Nashville immigration lawyer Linda Rose. "Red flags should go up. There is a policy in place to protect Cubans." Apparently, her case "botched," the process was harrowing and lasted many years.
Her focus when she graduates, not surprisingly, will be immigration law. |
Read her story in the Tennessean
|
| 6th Circuit says 'come back with a warrant' for emails |
| The government must obtain a court warrant to require internet service providers to turn over stored e-mail to the authorities, 6th U.S. Circuit Court of Appeals ruled Tuesday. It was the first time an appellate court said Americans had that Fourth Amendment protection. |
Wired.com has details
|
| Weirich says she will run for DA in 2012 |
| On the day it was announced that Amy Weirich would be Shelby County's next district attorney general, she
answered quickly when asked
asked if she would run for the office in the 2012 elections. She immediately responded, "I will."
Weirich takes the post Jan. 15, the day outgoing District Attorney General Bill Gibbons becomes commissioner of public safety and homeland security for the state of Tennessee. |
The Daily News has more
|
| Clerk's office closed Friday for move |
| The main Davidson County Clerk's Office at 523 Mainstream Drive in Metro Center will close Friday as the staff moves to permanent space in the Fulton Complex's Howard Office Building at 700 Second Ave. South.
The new office, to be located on the first floor in the Howard structure, will open Monday and maintain business hours Monday-Friday, from 8 a.m. to 4:30 p.m. |
The City Paper has more
|
| Tenn. Government |
| O'Day is new Children's Services commissioner |
| Tennessee Governor-elect Bill Haslam today announced Kathryn "Kate" O'Day as
Commissioner of the Tennessee Department of Children's Services. |
The News Sentinel reports
|
| TBA Member Services |
| First Tennessee is TBA's preferred provider |
| First Tennessee has crafted a package of discounts to meet the specific needs of Tennessee Bar Association members. |
Find savings on merchant credit services, checking and savings, financial planning and more
|
| |
|
| |
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 2010 Tennessee Bar Association
|
|
|
