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

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.

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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.

WILLIAM E. JARVIS v. STATE OF TENNESSEE, EX REL, JANICE L. BANE

Court: TCA

Attorneys:

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.

Judge: DINKINS

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.

http://www.tba2.org/tba_files/TCA/2010/jarvisw_123010.pdf


CLIFTON DOUGLAS v. JOE EASTERLING, WARDEN

Court: TCCA

Attorneys:

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.

Judge: THOMAS

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.

http://www.tba2.org/tba_files/TCCA/2010/douglasc_123010.pdf


JAMES M. FLINN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

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.

Judge: TIPTON

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.

http://www.tba2.org/tba_files/TCCA/2010/flinnj_123010.pdf


STATE OF TENNESSEE v. GARY LYNN HARVEY

Court: TCCA

Attorneys:

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.

http://www.tba2.org/tba_files/TCCA/2010/harveyg_123010.pdf


MICHAEL T. HENDERSON v. STATE OF TENNESSEE
With Concurring Opinion


Court: TCCA

Attorneys:

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.

http://www.tba2.org/tba_files/TCCA/2010/hendersonm_123010.pdf

TIPTON concurring
http://www.tba2.org/tba_files/TCCA/2010/hendersonm_CON_123010.pdf


STATE OF TENNESSEE v. MARK FREDERIC TAYLOR

Court: TCCA

Attorneys:

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.

http://www.tba2.org/tba_files/TCCA/2010/taylorm_123010.pdf


RICKEY CLYDE TAYLOR v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

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.

Judge: THOMAS

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.

http://www.tba2.org/tba_files/TCCA/2010/taylorr_123010.pdf


TODAY'S NEWS

Legal News
Disciplinary Actions
TBA Member Services

Legal News
TBA closed for New Years but CLE Blast open Friday
The TBA's general offices will be closed Friday, Dec. 31, in observance of the New Years Day holiday. The office will re-open on Monday at 8 a.m. Publication of TBA Today will resume on Monday as well. The TBA CLE Department will be open on Friday for those who still need CLE credit in 2010. The Year-End CLE Blast will offer programming from 7 a.m. to 7 p.m. No advance registration is required.
Learn more about the CLE Blast
Deputy attorney general gets recess appointment
President Barack Obama yesterday bypassed the U.S. Senate to make six recess appointments, including a deputy attorney general whose confirmation had stalled. Cole currently is a lawyer with the Washington, D.C., firm of Bryan Cave LLP. He previously served as a Justice Department official from 1979 to 1992, and worked on former President Bill Clinton's transition team in 1992. Under the appointment, he may serve through the end of 2011.
WKRN TV has the AP story
IOLTA bill signed into law
President Obama yesterday signed H.R. 6398 into law, providing unlimited FDIC insurance coverage for Interest On Lawyers' Trust Accounts (IOLTA) through Dec. 31, 2012. The FDIC issued the following statement on its website: "The FDIC will issue guidance to all insured depository institutions providing information on Congress's action to include IOLTAs in the definition of noninterest-bearing transaction accounts...The FDIC is advising insured depository institutions that they do not have to send individual notices to IOLTA depositors" and if they already have done so, they "may provide a revised notice advising that IOLTAs will receive unlimited insurance coverage..."
Read more from the FDIC
New administrator named for drug court
Marianne Schroer, therapist and wife of Franklin Mayor John Schroer, is the new lead administrator of the 21st Judicial District Drug Court. She replaces former coordinator Brent Hessel, who held the position since September. Schroer, who plans to take office in early January, previously worked in Davidson County, leading therapy sessions for incarcerated pregnant women. Her work was recognized by Judge Tim Easter, who nominated her for the post.
Read more in the Tennesseean
Chattanooga mayor vote deadlocked
The Hamilton County Commission recently deadlocked on the choice for county mayor with Jim Coppinger and Mike Carter getting four votes each. Carter, an attorney and former General Sessions Court judge, is currently special assistant to County Mayor Claude Ramsey. The selection process is required to replace Ramsey, who is taking a position in the Haslam administration. Another vote of commissioners is set for Jan. 5.
Read more at Chattanoogan.com
Lawyer's book examines Marcia Trimble case
A new book -- A Season of Darkness -- by Nashville lawyer Douglas Jones and English professor Phyllis Gobbell chronicles the case of 9-year-old Marcia Trimble, who disappeared from her Nashville neighborhood in 1975. Her killer was not found for 35 years but just last year, a jury convicted Jerome Barrett on two counts of second-degree murder in the case.
Read more about the book in the Tennessean
Disciplinary Actions
Little Rock attorney suspended
Arkansas attorney John P. Brizzolara was suspended on Dec. 23 for two years after pleading guilty to serious crimes involving prescription drug fraud, forgery and identity theft. Brizzolara entered a conditional guilty plea and accepted the suspension, which the court made retroactive to July 29 -- the day the court summarily suspended him pending final disposition of his case. In imposing the discipline, the court noted that Brizzolara also is under suspension for failure to pay registration fees and failure to comply with continuing legal education requirements.
Read the BPR's notice
TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
or get an online rate quote

 
 
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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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