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| Monday, April 11, 2011 |
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Court: IQ is not only test for intellectual disability
The Tennessee Supreme Court today ruled that expert testimony may be considered when determining whether a person facing the death penalty is intellectually disabled. In the post-conviction appeal of death-row inmate Michael Angelo Coleman, the court found that state law does not require IQ scores to be accepted on their "face value." Instead, the courts may consider expert testimony to determine whether the score accurately reflects the defendant's functional IQ. The Supreme Court remanded Coleman's case to the trial court for further proceedings to determine if he meets the definition of intellectual disability.
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SUPREME COURT DISCRETIONARY APPEALS
Court: TSC
http://www.tba2.org/tba_files/TSC/2011/Certlist_041111.pdf
MICHAEL ANGELO COLEMAN v. STATE OF TENNESSEE
Court: TSC
Attorneys:
Michael J. Passino and Kelley Henry, Nashville, Tennessee; William D. Massey, Memphis,
Tennessee, for the appellant, Michael Angelo Coleman.
Robert E. Cooper, Jr., Attorney General and Reporter; Gordon W. Smith, Associate Solicitor
General; James E. Gaylord, Assistant Attorney General; William Gibbons, District Attorney
General; and John Campbell and Scott Bearup, Assistant District Attorneys General, for the
appellee, State of Tennessee.
James W. Ellis, Albuquerque, New Mexico; Jodie Ann Bell, Nashville, Tennessee, for the
Amicus Curiae, American Association of Intellectual and Developmental Disabilities and the
Arc of the United States and the Arc of Tennessee.
Wade V. Davies, Knoxville, Tennessee, for the Amicus Curiae, Tennessee Association of
Criminal Defense Lawyers.
Judge: KOCH
prisoner who has been sentenced to death is intellectually disabled and thus barred from
being executed under Tenn. Code Ann. Section 39-13-203 (2010). An inmate facing execution
filed a motion in the Criminal Court for Shelby County to re-open his post-conviction
proceedings on the ground that he was intellectually disabled at the time he committed the
crime for which he was convicted and on the ground that his trial counsel had been
ineffective in investigating and presenting mitigating evidence. At the hearing, the prisoner
presented expert testimony that his functional intelligence quotient ("I.Q.") was actually
lower than the raw test scores on his I.Q. tests and that he was mentally disabled for the
purpose of Tenn. Code Ann. Section 39-13-203(a). The State presented no contrary evidence. The
trial court dismissed the prisoner's motion to re-open his post-conviction petition after
concluding that he had failed to prove that he was intellectually disabled and that he was
procedurally barred from raising his ineffective assistance of counsel claim. The Court of
Criminal Appeals affirmed the judgment of the trial court. Coleman v. State, No. W2007-
02767-CCA-R3-PD, 2010 WL 118696 (Tenn. Crim. App. Jan. 13, 2010). We granted the
prisoner's Tenn. R. App. P. 11 application for permission to appeal. We find that Tenn.
Code Ann. Section 39-13-203(a)(1) does not require that raw scores on I.Q. tests be accepted at
their face value and that the courts may consider competent expert testimony showing that
a test score does not accurately reflect a person's functional I.Q. or that the raw I.Q. test
score is artificially inflated or deflated. We have also determined that both the postconviction
trial court and the Court of Criminal Appeals properly determined that the
prisoner's claim involving the ineffective assistance of his trial counsel in connection with
the investigation and presentation of mitigation evidence is procedurally barred.
http://www.tba2.org/tba_files/TSC/2011/colemanm_041111.pdf
IN RE: THE ADOPTION OF GABRIELLE N. N.
Court: TCA
Attorneys:
Robert B. Pyle, Chattanooga, Tennessee, for the appellant, Russell A. N.
Mitchell L. Meeks, Chattanooga, Tennessee, for the appellee, Jeanenne W. M.
Judge: SWINEY
Jeanenne W. M. ("Petitioner") filed a petition seeking to adopt the minor child, Gabrielle N.N. ("the Child") and to terminate the parental rights of Russell A.N. ("Father") to the Child. After a trial, the Trial Court entered its order on June 14, 2010 finding and holding, inter alia, that clear and convincing evidence existed to support a termination of Father's parental rights pursuant to Tenn. Code Ann. Subsection 36-1-113(g)(3) and (g)(5), and that clear and convincing evidence existed that it was in the Child's best interest for Father's parental rights to be terminated. Father appeals to this Court. We affirm.
http://www.tba2.org/tba_files/TCA/2011/inreadoptionofgabriellann_041111.pdf
REBECCA LYNN WEINGART v. JONATHAN SHANE FORESTER
Court: TCA
Attorneys:
Gregory W. Francisco, Kingsport, Tennessee, for the appellant, Jonathan S. Forester.
Judith Fain, Johnson City, Tennessee, for the appellee, Rebecca L. Weingart
Judge: MCCLARTY
This appeal arises from an entry of divorce. The parties executed a prenuptial agreement prior to their marriage. The prenuptial agreement outlined the classification of separate property and the parties' respective rights in the event of divorce. After nearly seven years of marriage, the wife filed a petition for divorce. The parties participated in mediation, and a hearing was held to resolve the remaining issues. At the hearing, counsel for both parties presented arguments regarding the unresolved issues and eventually reached an agreement to settle those issues during a recess of the hearing. Counsel for the parties announced the agreement before the trial court, and the trial court subsequently entered an order. The husband appeals and challenges the trial court's finding that the wife's retirement account is entirely her separate property. After reviewing the record, we find that the trial court erred in finding that the prenuptial agreement was ambiguous. Nevertheless, the trial court properly awarded the wife's retirement account to her as separate property. Therefore, we reverse in part and affirm in part.
http://www.tba2.org/tba_files/TCA/2011/weingart_041111.pdf
IN RE: ZADA M.
Court: TCA
Attorneys:
Jennifer Luther and Leslie Douthat, Greeneville, Tennessee, for the appellant, D.M., and the Guardian Ad Litem.
Robert E. Cooper, Jr., Attorney General and Reporter, and Joshua Davis Baker, Assistant Attorney General, Nashville, Tennessee, for the appellee, The Tennessee Department of children's Services.
Judge: FRANKS
In this parental termination case the Trial Court, upon hearing evidence, terminated the mother's parental rights upon finding grounds of abandonment and that it is in the best interest of the child. The mother has appealed and we conclude from the record that the statutory grounds for abandonment were established by clear and convincing evidence, and we affirm the Judgment of the Trial Court.
http://www.tba2.org/tba_files/TCA/2011/zadam_041111.pdf
STATE OF TENNESSEE v. TOMMY L. BEATY a/k/a JACKY WAYNE BEATY
Court: TCCA
Attorneys:
Chase T. Smith (at trial) and Jeffrey A. DeVasher (on appeal), Nashville, Tennessee, for the Appellant, Tommy L. Beaty.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant General; Victor S. Johnson, III, District Attorney General, and Joel W. Crim, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
The
Defendant, Tommy L. Beaty, pled guilty to
aggravated burglary
and agreed to allow the
trial
court to set the length and manner of his sent
ence. The trial court sentenced him to
thirteen
years in the Tennessee Department of Correc
ti
on. On appeal, the Defendant
contends
the trial court erred when it set
the length of his sentence and
when it ordered him
to
serve his
sentence in confinement.
After a thorough review of the record and applicable law, we affirm the trial court's judgment.
http://www.tba2.org/tba_files/TCCA/2011/BeatyT_041111.pdf
STATE OF TENNESSEE v. KASEY N. MADDOX
Court: TCCA
Attorneys:
Gregory D. Smith, Clarksville, Tennessee, for the appellant, Kasey N. Maddox.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Charles Crawford, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WELLES
The Defendant, Kasey N. Maddox, appeals the sentencing decision of the Bedford County Circuit Court. Following her guilty plea to the sale of .5 grams or more of cocaine, a Class B felony, the trial court imposed a nine-year sentence as a Range I, standard offender to be served in the Department of Correction. On appeal, the Defendant asserts that the trial court erred in denying alternative sentencing. After a review of the record, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/MaddoxK_041111.pdf
VICTOR E. MCCONNELL v. JIM MORROW, Warden, and STATE OF TENNESSEE
Court: TCCA
Attorneys:
Victor E. McConnell, Pikeville, Tennessee, Pro Se.
Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant District Attorney General; J. Michael Taylor, District Attorney General; and James W. Pope, III, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: WELLES
The Petitioner, Victor E. McConnell, appeals the Bledsoe County Circuit Court's summary dismissal of his petition for habeas corpus relief attacking his 1983 conviction for assault with intent to commit first degree murder. The Petitioner alleged that his judgment of conviction was void because the indictment was illegally amended on the day of his plea "to broaden the original charge without being resubmitted to the grand jury[.]" The habeas corpus court summarily dismissed the petition, finding that the Petitioner had failed to state a cognizable claim for relief. Following our review of the record and the applicable law, we affirm the order summarily dismissing the petition.
http://www.tba2.org/tba_files/TCCA/2011/McConnellV_041111.pdf
JOSE E. MOLINA, aka ROBERTO C. PEREZ v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Charles Walker, Nashville, Tennessee, for the appellant, Jose E. Molina, aka Roberto C. Perez.
Robert E. Cooper, Jr., Attorney General and Reporter Lindsy Paduch Stempel, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Rob McGuire, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WELLES
The Petitioner, Jose E. Molina, aka Roberto C. Perez, was convicted by a jury of aggravated rape and aggravated robbery and was, thereafter, sentenced to an effective sentence of twenty-one years at 100%. This Court affirmed the Petitioner's convictions on direct appeal. The Petitioner filed a timely petition for post-conviction relief and, following an evidentiary hearing, the post-conviction court denied relief. In this appeal, the Petitioner raises the following issues for review: (1) the post-conviction court erred in its determination that the Petitioner's trial counsel was effective; and (2) in light of a recent publication, the fingerprint comparison testimony at his trial should be excluded as scientifically unreliable. Following our review, we conclude that the Petitioner has not shown he is entitled to relief. We affirm the Davidson County Criminal Court's denial of relief.
http://www.tba2.org/tba_files/TCCA/2011/MolinaJ_041111.pdf
SHANDA ALENE WRIGHT v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Emeterio R. "Terry" Hernando, Lewisburg, Tennessee, for the appellant, Shanda Alene Wright.
Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Charles Frank Crawford, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
The Petitioner, Shanda Alene Wright, appeals as of right from the Marshall County Circuit Court's denial of her petition for post-conviction relief. The Petitioner was convicted of especially aggravated burglary, especially aggravated robbery, and aggravated robbery. She received an effective sentence of 16 years for her convictions. The Petitioner challenges the performance of trial counsel. Following our review, we affirm the judgment of the post- conviction court.
http://www.tba2.org/tba_files/TCCA/2011/WrightS_041111.pdf
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| TODAY'S NEWS |
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Legal News
General Assembly News
TBA Member Services
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| Legal News |
| McWherter remembered |
| Praised as a politician who could reach consensus, former Gov. Ned Ray McWherter was remembered at two services over the weekend. On Saturday, former President Bill Clinton and former Vice President Al Gore
spoke at a memorial for McWherter, who died April 4 at age 80.
On Sunday, a memorial was held on the front lawn of his home in Dresden. McWherter's longtime physician and friend Karl Vandevender spoke. He recounted a story of what McWherter had said when asked how he felt about death: "I'm on good terms with the man upstairs -- and with the man downstairs." On a serious note, Vandevender stated that "no matter how things went, [McWherter] was prepared to reach across the aisle." |
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| Davidson County jails may have rooms for rent |
| The number of jail inmates dropped in Davidson County over the past couple years, leaving Metro jails with room to spare. Now they are considering renting the space to nearby counties with overcrowding issues. |
Read more about it in the Tennesseean
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| 9th Circuit rules against Arizona immigration law |
| The 9th Circuit Court of Appeals, in a ruling released today, upheld a preliminary injunction against parts of Arizona's controversial immigration law that were challenged by the Obama administration. Arizona's law included a provision that would require police to determine the immigration status of individuals detained and suspected of being in the country illegally. |
WREG has the story
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| 'Buz' Dooley is East Tennessee pro bono star |
| Charles W. "Buz" Dooley is a committed pro bono attorney who demonstrates the utmost respect for the clients he serves -- and he serves a lot of them, according to Legal Aid of East Tennessee Executive Director Russell Fowler. Dooley is
"one of our most dedicated and consistent pro bono volunteers," Fowler says. "He is extremely respectful of our clients. He takes the time to really understand their legal problems and, in doing so, puts them on the path to a resolution."
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The Hamilton County Herald has this profile
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| Sen. Corker to be honored on Grammy Awards show |
| The organization that hands out the Grammy Awards is honoring Sen. Bob Corker for supporting legislation and causes that are important to the music industry.
Corker, R-Chattanooga, will be recognized Wednesday night as a champion of music makers during the 10th Annual Grammys on the Hill Awards in Washington. The ceremony is used to spotlight political and music leaders who have worked to improve the environment for the nation's music community. |
The News Sentinel has more
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| State fund aided 2,000+ crime victims last year |
| Since 1982, the Tennessee Treasury Department has administered the Criminal Injuries Compensation Fund, a program intended to reimburse innocent victims of violent crime and their loved ones for some of their out-of-pocket expenses that are not covered through other resources. Last year, more than 2,000 victims received $11.3 million through Tennessee's program. Also during that budget year, the state provided almost $2.2 million in reimbursement to health care providers for performing forensic exams on sexual assault victims. |
Chattanoogan.com reports
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| O'Connor defends role in judicial election policies while still hearing cases |
| Retired Supreme Court Justice Sandra Day O'Connor has come under fire for playing a role in public policy issues while also hearing cases in U.S. appeals courts. She
defended her involvement in the campaign supporting
a ballot measure to change the way state judges are selected. O'Connor has traveled the country since her retirement in 2006 to criticize costly election campaigns for state judges, promote enhanced civics education for schoolchildren and advocate for Alzheimer's research. |
The Knoxville News Sentinel has this AP story
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| General Assembly News |
| Vote on constitutional amendment to overturn abortion law delayed |
| Today, the state Senate was to take up a constitutional amendment that would overturn the Tennessee Supreme Court ruling that has served as the foundation for abortion law in the state for more than a decade. But the main sponsor of the amendment, State Sen. Mae Beavers, R-Mt. Juliet, said she will delay the vote one week because two co-sponsors were not present for today's Senate session. |
The Tennessean follows the story
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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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