Supreme Court names new CLE director

The Tennessee Supreme Court has appointed Judy Bond-McKissack as executive director of the Tennessee Commission on Continuing Legal Education (CLE) and Specialization. Bond-McKissack, who will assume the post on Jan. 4, replaces David Shearon, who is stepping down after 23 years of service. Bond-McKissack previously served as a Board of Review hearing officer with the Tennessee Department of Labor and Workforce Development. She also has held various positions in the Secretary of State's office including director of business services and chief legal counsel. Prior to joining state government, Bond-McKissack served as managing attorney for the Clarksville office of the Legal Aid Society of Middle Tennessee and the Cumberlands. She earned her law degree from Vanderbilt University Law School.

Read more about Bond-McKissack from the AOC

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Court: TCA


William E. Jarvis, Nashville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; and Mark A. Fulks, Senior Counsel, Criminal Justice Division, for the appellee, State of Tennessee.


Father previously convicted of contempt for failure to pay child support appeals the dismissal of his petition seeking habeas corpus relief. Finding that the petition does not allege facts sufficient to support the issuance of a writ of habeas corpus, the judgment is affirmed.


Court: TCCA


Clifton Douglas, Whiteville, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; and Rachel West Harmon, Assistant Attorney General, for the appellee, State of Tennessee.


The Petitioner, Clifton Douglas, appeals as of right from the Hardeman County Circuit Court's dismissal of his petition for a writ of habeas corpus. The Petitioner contends that the State failed to provide proper notice of its intention to seek enhanced punishment as required by statute. See Tenn. Code Ann. section 40-35-202(a). Following our review, we affirm the judgment of the habeas corpus court.


Court: TCCA


James M. Flinn, Wartburg, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Russell Johnson, District Attorney General; and Frank Harvey, Assistant District Attorney General, for the appellee, State of Tennessee.


The Appellant, James M. Flinn, appeals from the Roane County Criminal Court's denial of his pro se "Motion for Preliminary Examination or Probable Cause Hearing" and his pro se "Motion to Suppress and Return Items Seized Pursuant to Search Warrant and Warrantless Searches." On appeal, the Appellant contends that the trial court erred in denying his motions because (1) he was entitled to a preliminary hearing in the Roane County Criminal Court to determine if police had probable cause to detain him and (2) the Roane County Criminal Court had exclusive jurisdiction over his motion to suppress and return property obtained during the search of his home. We affirm the judgment of the trial court.


Court: TCCA


Herbert S. Moncier, Knoxville, Tennessee, for the appellant, Gary Lynn Harvey.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; Randall E. Nichols, District Attorney General; Patricia Cristil and William Jeff Blevins, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

Appellant, Gary Lynn Harvey, was found guilty by a Knox County Criminal Court jury of assault, a Class A misdemeanor, and disorderly conduct, a Class C misdemeanor. See Tenn. Code Ann. sections 39-13-101 and 39-17-305. The trial court sentenced Appellant to eleven months, twenty-nine days on probation for the assault conviction and to thirty days on probation for the disorderly conduct conviction, with the sentences to run concurrently. On appeal, Appellant contends that the trial court erred by: (1) refusing to dismiss the disorderly conduct charge because the presentment was insufficient; (2) refusing to dismiss the disorderly conduct charge because section 39-17-305(b) is unconstitutionally vague and overbroad; (3) finding the evidence sufficient to support his conviction for disorderly conduct; (4) finding the evidence sufficient to support his conviction for assault; (5) not declaring a mistrial due to an officer's conduct during jury deliberations; (6) not finding prosecutorial misconduct after Appellant was charged with assaulting an officer who denied being assaulted; (7) not declaring a mistrial following the discharge of a juror during deliberations and the recall of an alternate juror who had already been discharged; (8) not providing Appellant with a written copy of the jury instructions before his closing argument; (9) incorrectly charging the jury on reasonable doubt; (10) incorrectly charging the jury on self-defense; (11) incorrectly charging the jury on lawful resistance; (12) denying him the right to present a complete defense by erroneously excluding newspaper articles as hearsay evidence; (13) violating his Sixth Amendment right to confront witnesses; (14) improperly conducting voir dire; (15) denying him the right to present a complete defense by erroneously excluding witness testimony and by granting the State's motion to quash subpoenas against the Knoxville Sheriff and two chief deputy sheriffs; (16) refusing to grant a change of venue; and (17) denying his right to a speedy trial by delaying in ruling on his motion for new trial. Because Appellant was denied his constitutional right to a jury trial when the trial court substituted a discharged alternate juror for a disqualified original juror during deliberations, we reverse the judgments and remand the case for a new trial.

With Concurring Opinion

Court: TCCA


Roland E. Cowden, Maryville, Tennessee, for the appellee, Michael T. Henderson.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Russell Johnson, District Attorney General; for the appellant, State of Tennessee.

Judge: OGLE

The State of Tennessee appeals the Morgan County Criminal Court's order granting the petitioner, Michael T. Henderson, partial habeas corpus relief from his Knox County convictions of burglary and larceny. Also on appeal, the petitioner argues in his brief that the habeas corpus court erred in denying a portion of his claims. Following our review we reverse the partial award of habeas corpus relief and affirm the denial of the remaining habeas corpus claims.

TIPTON concurring


Court: TCCA


Joseph F. Harrison, Blountville, Tennessee, for the appellant, Mark Frederic Taylor.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph Eugene Perrin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Mark Frederic Taylor, was convicted of two counts of attempt to obtain a controlled substance by fraud and one count of fraudulently obtaining benefits for medical assistance, and he received a total effective sentence of fourteen years, eight years of which was to be served on probation. Subsequently, the trial court found that the appellant violated his probationary sentence by receiving new convictions. Therefore, the trial court revoked the appellant's probation and ordered him to serve his entire sentence in confinement. On appeal, the appellant contests the revocation and the imposition of an incarcerative sentence. Upon review, we affirm the judgments of the trial court.


Court: TCCA


Scott A. Lovelace, Ripley, Tennessee, attorney for appellant, Rickey Clyde Taylor.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Julie K. Pillow, Assistant District Attorney General, attorneys for appellee, State of Tennessee.


The Petitioner, Rickey Clyde Taylor, appeals as of right from the Lauderdale County Circuit Court's denial of his petition for post-conviction relief. The Petitioner pled guilty to four counts of delivery of .5 grams or more of cocaine, a Class B felony, and received an effective 28-year sentence for the convictions. In this appeal as of right, the Petitioner alleges that as a result of trial counsel's ineffectiveness, his guilty pleas were involuntarily entered. Following our review, we affirm the judgment of the post-conviction 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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