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.
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Court: TSC


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.


Court: TCCA


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.


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.


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