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| Friday, May 27, 2011 |
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Apply for Judicial Nominating Commission by Tuesday
The deadline to apply for a seat on the
Judicial Nominating Commission is May 31 at 4:30 p.m., Central time. Terms for five commission members are set to expire on June 30, so the Administrative Office of the Courts is accepting applications to fill those seats. The new commissioners will serve six-year terms on the body, which reviews and recommends applicants for vacancies on the appellate and state trial courts for the governor's consideration. Appointments to the commission are made by the lieutenant governor and the speaker of the House.
Download information and instructions
Download the application
Learn more about the commission and see a list of current members
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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
04 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
00 - TN Supreme Court - Disciplinary Orders
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.
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STATE OF TENNESSEE v. CEDRIC JOHNSON
Court: TSC
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Lacy Wilber, Assistant Attorney General; William L. Gibbons, District Attorney General;
and Nicole Germain, Assistant District Attorney General, for the appellant, State of Tennessee.
Claiborne H. Ferguson, Memphis, Tennessee, for the appellee, Cedric Johnson.
Judge: KOCH
This appeal involves the application of the mandatory joinder provisions in Tenn. R. Crim. P. 8(a)(1)(A). The defendant was charged with committing an aggravated robbery and was
separately charged with initiating a false police report twelve hours later regarding his automobile that was somehow connected with the robbery. Approximately one month after
he was indicted by a Shelby County grand jury for initiating a false police report, the defendant pleaded guilty to attempting to initiate a false police report. Thereafter, a Shelby County grand jury indicted the defendant for aggravated robbery. The defendant filed a motion in the Criminal Court for Shelby County seeking to dismiss the aggravated robbery indictment in accordance with Tenn. R. Crim. P. 8(a)(2) because the State had already prosecuted him separately on the initiation of a false police report charge. The trial court granted the defendant's motion, and the State appealed to the Court of Criminal Appeals. A divided panel of the Court of Criminal Appeals affirmed the trial court's judgment. State v. Johnson, No. W2008-01593-CCA-R3-CD, 2009 WL 4263653 (Tenn. Crim. App. Nov. 30, 2009). We granted the State's application for permission to appeal to address the application of Tenn. R. Crim. P. 8(a)(1)(A) to offenses arising from the same criminal episode. We have
determined that the two offenses involved in this case were not part of the same criminal episode and, therefore, that the Court of Criminal Appeals erred by relying on Tenn. R. Crim P. 8(a)(2) to dismiss the aggravated robbery charge.
http://www.tba2.org/tba_files/TSC/2011/johnsonc_052611
STATE OF TENNESSEE v. CARL LEE BRIGHT
Court: TCCA
Attorneys:
Steve McEwen, Mountain City, Tennessee, and Chessia Allyn Cox, Assistant District Public Defender (on appeal); Robert W. White, Maryville, Tennessee (at trial), for the appellant,
Carl Lee Bright.
Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Steven Bebb, District Attorney General; and Paul A. Rush and James Stutts,
Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, Carl Lee Bright, was convicted by a Monroe County Criminal Court jury of driving under the influence (DUI), fourth offense, a Class E felony, and was sentenced as a
Range I, standard offender to two years' confinement. See T.C.A. section 55-10-401 (Supp. 2009) (amended 2010). On appeal, the Defendant contends that the trial court erred by (1) denying his motion to dismiss the case due to insufficient evidence, (2) denying his motion to suppress evidence, (3) denying his motion to dismiss the indictment or remand for a
preliminary examination because his Sixth Amendment right to counsel had been violated, and (4) imposing confinement for the maximum allowable sentence. We affirm the judgment
of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/brightc_052711.pdf
STATE OF TENNESSEE v. JEREMY MICHAEL HOLMES
Court: TCCA
Attorneys:
James O. Martin, III (on appeal), and Rich McGee and Lisa Naylor (at trial), Nashville, Tennessee, for the appellant, Jeremy Michael Holmes.
Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Amy Eisenbeck,
Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
The Defendant, Jeremy Michael Holmes, pled guilty as a career offender to voluntary manslaughter, a Class C felony, with an agreed sentence of 6 years at 60 percent, leaving the
manner of service to the discretion of the trial court. Following a sentencing hearing, the trial court denied alternative sentencing and ordered the Defendant to serve his sentence in confinement. In this appeal as of right, the Defendant contends that the trial court erred in denying all forms of alternative sentencing. Following our review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/holmesj_052611.pdf
STATE OF TENNESSEE v. DARIUS JONES
Court: TCCA
Attorneys:
Michael E. Scholl, Memphis, Tennessee, for the appellant, Darius Jones.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; William L. Gibbons, District Attorney General; and David M. Zak, Jr. and Paul Thomas Hoover, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Darius Jones, was convicted of one count of first degree felony murder, four counts of aggravated robbery, three counts of attempted especially aggravated robbery, two
counts of attempted aggravated robbery, and one count of aggravated burglary. He was sentenced to consecutive sentences of life with the possibility of parole for the felony murder conviction, ten years for each of the aggravated robbery and attempted especially aggravated robbery convictions, and four years for each of the attempted aggravated robbery and the aggravated burglary convictions, for an effective sentence of life plus eighty-one years. On
direct appeal, this court affirmed all of the defendant's convictions and his life sentence for the felony murder conviction but remanded for resentencing on the remaining convictions in light of Blakely v. Washington, 542 U.S. 296 (2004). This court also ordered that the trial court revisit the issue of consecutive sentencing and place its specific findings on the record. After being resentenced to life plus fifty-four years, the defendant appealed again, arguing that the trial court erred in imposing consecutive sentences. On direct appeal of the resentencing, this court observed that the trial court failed to place its findings regarding consecutive sentencing in the record, and we remanded the matter a second time. After conducting a sentencing hearing on remand, the trial court again imposed consecutive
sentences, which the defendant challenges on appeal. After review, we affirm the judgment of the trial court ordering consecutive sentencing in this case.
http://www.tba2.org/tba_files/TCCA/2011/jonesd_052711.pdf
ASSADOT STARLING v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Ryan C. Caldwell, Nashville, Tennessee, for the appellant, Assadot Starling.
Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Rachel Sobrero, and Jennifer McMillen, Assistant District Attorneys General, for the appellee.
Judge: OGLE
The Petitioner, Assadot Starling, pled guilty in the Davidson County Criminal Court to possession of .5 grams or more of cocaine in a drug free zone with the intent to sell or deliver. He received a sentence of eight years in the Tennessee Department of Correction. Thereafter, he filed a petition for post-conviction relief, alleging that his counsel was
ineffective and that his pleas were not knowingly and voluntarily entered. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/starlinga_052711.pdf
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| TODAY'S NEWS |
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Legal News
U.S. Supreme Court
Upcoming
Passages
TBA Member Services
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| Legal News |
| Lawson will temporarily fill Judge Brand's seat |
| The state Supreme Court appointed Circuit Court Judge Kindall Lawson to fill the position held by the late Judge David Brand who died last week, until the Hawkins County Commission can appoint someone to the post. Lawson served as the county's general session judge for nearly 20 years before he stepped aside to enter private practice. He later assumed a seat on the Third Judicial District bench as a circuit judge. Applications for the seat should be turned in to the county mayor's office by June 10. The commission will make a decision by June 27. |
Learn more from the Rogersville Review
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| DA to investigate Torrence |
| Davidson County District Attorney Torry Johnson announced today that his office will launch an investigation into the questionable actions of Criminal Court Clerk David Torrence. A recent news report showed that Torrence had only been going to work three days a week and using his state-issued car for personal errands, among other irregularities. |
WSMV has this news as well as the original stories
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| Memphis Law boasts 100 percent bar pass rate |
| The University of Memphis School of Law reports that 100 percent of its graduates who took the Tennessee bar exam in February passed the test. |
The Commercial Appeal has more
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| Judge: Campaign finance law is unconstitutional |
| In a ruling issued late Thursday, a U.S. District judge in Virginia ruled that the campaign-finance law banning corporations from making contributions to federal candidates is unconstitutional. Judge James Cacheris said that under last year's landmark Citizens United decision, corporations enjoy the same rights as individuals to contribute to campaigns. |
The News Sentinel has this Associated Press story
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| TBA closed Monday |
| The Tennessee Bar Association will be closed Monday, May 30, in observance of Memorial Day. The association will reopen at 8 a.m. on May 31. |
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| President signs anti-terrorist extension |
| Minutes before a midnight deadline, President Barack Obama signed into law a four-year extension of post-Sept. 11 powers to search records and conduct roving wiretaps in pursuit of terrorists. Congress sent the bill to the president with only hours to go on Thursday before the provisions expired at midnight. Since the president was in France he used an "autopen" to sign. An autopen machine holds a pen and signs his actual signature. It is only used with proper authorization of the president.
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WRCB carried this AP story
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| New firm forms in Chattanooga |
| Chattanooga lawyers Martin L. Pierce and Jodi Harris Schaffer have established a law practice under the new name of Pierce & Schaffer Attorneys at Law. Their practice will include estate planning, probate, elder law, employee benefit plans and corporate law. Pierce was formerly a partner with Chambliss, Bahner & Stophel PC and Husch & Eppenberger LLC. Harris Schaffer was formerly the executive coordinator of estate planning and vice president for the Church of God Foundation. She also taught business law at Lee University. She worked for Shumaker, Witt, Gaither & Whitaker prior to attending law school. Their new office is located at 4513 Hixson Pike, Suite 109. They may be reached at (423) 648-4303. |
Read more about the firm from the Chattanoogan
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| U.S. Supreme Court |
| Arizona worker law upheld by high court |
| In a 5-3 vote, the U.S. Supreme Court ruled in Chamber of Commerce v. Whiting that federal immigration law does not pre-empt the Arizona statute. The Arizona law that was upheld penalizes employers who knowingly hire unauthorized foreign workers. |
Law.com explores this story
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| Ruling tossed on interviewing children |
| The Supreme Court on Thursday threw out a lower court's ruling that authorities need warrants to talk to potential victims of sex abuse at school, without saying whether it thought the earlier decision was wrong. |
WRCB carried this AP story
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| Roberts appoints 2 to surveillance court |
| U.S. Supreme Court Chief Justice John Roberts has appointed U.S. District Judges Jennifer Coffman of Kentucky and F. Dennis Saylor of Massachusetts to seven-year terms on the Foreign Intelligence Surveillance Court. |
The Jackson Sun has the story
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| Upcoming |
| Sen. Corker to speak at CBA Law Day festivities |
| U.S. Sen. Bob Corker and Claude Ramsey,
deputy to Gov. Bill Haslem, are scheduled to attend
the Chattanooga Bar Association's Law Day Celebration on Tuesday, May 31. The program will include presentation of the 2011 Liberty Bell Award and Law Day High School Essay Scholarship awards, as well as announcement of the CBA's class of 2011 Fellows. |
The CBA has more information
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| Passages |
| Former legislator, Shelby County D.A dies |
| Hugh W. Stanton Jr., the district attorney general for Shelby County from 1974 to 1990, died Monday at age 83. Stanton was elected to two terms as Shelby County's chief prosecutor after his appointment to the job in 1974 by then-Gov. Winfield Dunn. His second full term in 1982 was a victory over then-Shelby County public defender A C Wharton Jr. Before his appointment, Stanton served in the Tennessee legislature from 1962 to 1972. He earned his law degree from Vanderbilt University Law School. Services will be at 2 p.m. Monday, May 30, at Forest Hill Funeral Home East, 2440 Whitten Road, Memphis with visitation beginning at noon.
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The Memphis Daily News reports
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| TBA Member Services |
| New solutions for your insurance needs |
| Working with Graham Swafford III of Capital Financial Group, the TBA Member Insurance Solutions Program is able to provide members with exclusive benefits, personalized service, and pricing discounts for disability income insurance, business overhead expense insurance, life and long-term care insurance with other employee related benefits. TBA Member Insurance Solutions can also provide an objective review of your current health insurance program, evaluate your needs, and recommend the most cost effective solution. |
Learn more about TBA Insurance Solutions now
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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.
© Copyright 2011 Tennessee Bar Association
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