 |
| Tuesday, June 14, 2011 |
|
| |
| |
Chattanooga legal groups honor pro bono achievers
A lawyer and judge who were recently appointed to the Tennessee Bar Association's Access to Justice Committee were honored along with others in the Chattanooga legal community at Pro Bono Night 2011.
Amanda Branam Rogers was given the
Pro Bono Excellence Award and Judge Jeff Hollingsworth was presented the "Chief Justice M. Barker Equal Access to Justice Award." Also recognized was
Rachel Fisher, who received the Pro Bono Advocacy Award, and
McWilliams & Gold, which received the Firm of the Year Award.
"We are here because we believe equal access to our courts is a basic right that should be available to all people regardless of race, class, education, or disability,"
Tennessee Supreme Court Chief Justice Cornelia Clark told the crowd. She urged lawyers to "embrace and celebrate our obligation to devote professional time on behalf of our brothers and sisters who need our help."
The Hamilton County Herald has more details
|
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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
09 - 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.
|
|
|
|
|
|
VIOLET CORROZZO A/K/A VIOLET GUARINO v. JOSEPH B. CORROZZO ET AL
Court: TCA
Attorneys:
James Daniel Richardson Roberts, Jr., Nashville, Tennessee, for the appellant, Violet Corrozzo a/k/a Violet Guarino.
Mary Beth Hagan, Murfreesboro, Tennessee, for the appellees, Joseph B. Corrozzo and Mary Francis Corrozzo.
Judge: PER CURIAM
This is an appeal from the dismissal of the plaintiff's complaint for intentional fraud, unjust enrichment and breach of contract. Because the plaintiff did not file her notice of appeal within thirty days after entry of the order denying her motion to alter or amend the judgment as required by Tenn. R. App. P. 4, we dismiss the appeal.
http://www.tba2.org/tba_files/TCA/2011/corrozzov_061411.pdf
WILLIAM L. DOWNING v. SHERRIE J. DOWNING
Court: TCA
Attorneys:
Patti Jon Burton Garner, Gallatin, Tennessee, for the appellant, William L. Downing.
Gary Michael Williams, Hendersonville, Tennessee, for the appellee, Sherrie J. Downing.
Judge: COTTRELL
The trial court granted the wife a divorce on the ground of inappropriate marital conduct, and divided the marital property, awarding the marital home to the wife and a nearby piece of unencumbered business property to the husband. The court also made the husband responsible for 60% of the mortgage obligation on the marital home and allowed the wife to retain her entire 401(k) retirement account. The husband contends on appeal that the division of property and debt was inequitable and that the trial court impermissibly awarded the wife her 401(k) account in the form of alimony in solido. We affirm the division of marital property and marital debt. We also find that there was no alimony award, because the final order in this case, signed by the judge, treats the 401(k) as part of the division of marital property rather than as alimony. However, it appears to us that the trial court made some calculating errors when it ordered the husband to pay specific monthly amounts on the home
mortgage. We therefore vacate that portion of the court's order and remand this case to the trial court so that it may correct those calculations.
http://www.tba2.org/tba_files/TCA/2011/downingw_061411.pdf
STATE OF TENNESSEE v. ROGER EUGENE DALY
Court: TCCA
Attorneys:
Paul J. Bruno, Nashville, Tennessee, for the appellant, Roger Eugene Daly.
Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel,
Victor S. Johnson, III, District Attorney General; and Benjamin Ford, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WELLES
The Defendant, Roger Eugene Daly, was indicted for first degree murder during the perpetration of a theft, first degree premeditated murder, especially aggravated robbery,
aggravated arson, and abuse of a corpse. A jury convicted him of first degree murder in the perpetration of a theft, first degree premeditated murder, aggravated robbery, a Class B
felony, setting fire to personal property or land, a Class E felony, and abuse of a corpse, a Class E felony. See Tenn. Code Ann. sections 39-13-202, -13-402(b), -14-303(b), -17-312(b) (1997). The trial court merged the two murder convictions and sentenced the Defendant to life imprisonment. For his other convictions, the Defendant was sentenced as a Range II, multiple offender to sixteen years for aggravated robbery, eight years for setting fire to
personal property, and four years for abuse of a corpse. The trial court ordered that the setting fire to personal property and abuse of a corpse sentences run concurrently with each
other but consecutive to the Defendant's life sentence, for a total effective sentence of life plus eight years. In this direct appeal, the Defendant raises the following issues for our
review: (1) The State presented insufficient evidence to support his convictions for first degree murder in perpetration of a theft, first degree premeditated murder, aggravated
robbery, setting fire to personal property, and abuse of a corpse; (2) The trial court erred in failing to require the State to elect or specify the object of the theft with regard to the first degree murder in perpetration of a theft count and the aggravated robbery count; (3) The State failed to prove an underlying felony to support the Defendant's "felony murder"
conviction; (4) The trial court erred in failing to grant a mistrial when a detective testified that the Defendant had a criminal history; (5) The trial court erred when it allowed a
photograph of the victim's charred body into evidence; and (6) The trial court erred when it allowed testimony regarding an assault on a witness by the Defendant's brother. During our
review, we discovered that, for count four, the trial court erroneously entered a judgment reflecting the offense of arson, a Class C felony, and the corresponding statute section, rather than the offense of setting fire to personal property or land, a Class E felony. On that count, the trial court sentenced the Defendant within the range for a Class C felony. Thus, on count four, we must remand to the trial court for the entry of a corrected judgment and for resentencing within the range for a Class E felony. In all other respects, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/adlyr_061411.pdf
RONALD E. CROOK v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Brett B. Stein, Memphis, Tennessee, for the appellant, Ronald E. Crook.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William L. Gibbons, District Attorney General; and Chris West, Assistant District Attorney General, for the appellee, the State of Tennessee.
Judge: WOODALL
Petitioner, Ronald Crook, appeals the dismissal of his petition for post-conviction relief in which he alleged that he received ineffective assistance of trial counsel because counsel
failed to properly cross-examine the State's witnesses and investigate the facts of his case. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel and affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/crookr_061411.pdf
STATE OF TENNESSEE v. ASHLEE V. DOBBS
Court: TCCA
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Kim Helper, District Attorney General; Tammy J. Rettig, Assistant District Attorney
General, for the Appellant, State of Tennessee.
Stanley A. Kweller and J. Robin McKinney, Nashville, Tennessee, for the Appellee, Ashlee V. Dobbs.
Judge: WEDEMEYER
A Williamson County grand jury indicted the Defendant, Ashlee V. Dobbs, on five counts of fraudulent use of a credit card and one count of theft over $500. A bench trial was
conducted, and, at the conclusion of the State's proof, the Defendant filed a motion to dismiss the charges for failure to establish venue. The trial court dismissed four of the counts
for failure to establish venue, found the Defendant not guilty of one count, and dismissed the final count by agreement of the parties. The State appeals, contending that the trial court
erred when it dismissed four of the counts for lack of venue. After a thorough review of the record and applicable law, we conclude that the trial court properly dismissed two counts for
failure of proof of venue but erred when it dismissed the remaining two counts for the same reason. As such, we affirm in part and reverse in part the trial court's judgments, and we
remand for further proceedings.
http://www.tba2.org/tba_files/TCCA/2011/dobbsa_061411.pdf
STATE OF TENNESSEE v. TRAVIS KINTE ECHOLS
Court: TCCA
Attorneys:
Robert L. Jolley, Jr., Knoxville, Tennessee, for the appellant, Travis Kinte Echols.
Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip Morton, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
A Knox County Criminal Court jury convicted the appellant, Travis Kinte Echols, of first degree felony murder committed during the perpetration of robbery, and the trial court
sentenced him to life. On appeal, the appellant raises numerous issues, including that the evidence is insufficient to support the conviction. Finding no errors that warrant reversal, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/echolst_061411.pdf
WILLIAM B. FRANCIS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Ashley Preston, Nashville, Tennessee, for the appellant, William B. Francis.
Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Victor S. Johnson III, District Attorney General; Amy Eisenbeck and
Katrin Miller, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: MCLIN
In 2006, a jury convicted the petitioner, William B. Francis, of second degree murder, a Class A felony, and the trial court sentenced him as a Range I, violent offender to twenty-five years in the Tennessee Department of Correction. A panel of this court affirmed his conviction and sentence. See State v. William B. Francis, Jr., No. M2006-02177-CCA-R3-CD, 2007 WL
4224629, at *1 (Tenn. Crim. App., at Nashville, Nov. 30, 2007). In his post-conviction petition, the petitioner alleged ineffective assistance of counsel. The post-conviction court
denied relief. On appeal, the petitioner argues that his counsel were ineffective for failing to present a complete defense and for not preventing the state from referring to the
petitioner's residence as a halfway house. Following our review, we affirm the judgment of the post-conviction court.
http://www.tba2.org/tba_files/TCCA/2011/francisw_061411.pdf
JAMES HATHAWAY v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Joseph A. McClusky (on appeal) and Larry Sargent (at trial), Memphis, Tennessee, for the appellant, James Hathaway.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William L. Gibbons, District Attorney General; and Tom Hoover, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The Petitioner, James Hathaway, appeals the Shelby County Criminal Court's denial of post-conviction relief from his convictions of first degree felony murder and especially aggravated robbery, for which he is serving consecutive sentences of life without parole and twenty-five years. On appeal, he contends that trial counsel rendered ineffective assistance by failing to request lesser included offense instructions and failing to obtain additional expert assistance.
We affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/hathawayj_061411.pdf
STATE OF TENNESSEE v. MICHAEL D. HAWK
Court: TCCA
Attorneys:
Donna Orr Hargrove, District Public Defender, and William J. Harold, Assistant Public Defender, Lewisburg, Tennessee, for the appellant, Michael D. Hawk.
Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Assistant Attorney General; Charles Frank Crawford, District Attorney General; and Hollyn Eubanks and Ann L. Filer, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: MCLIN
On February 16, 2010, the defendant, Michael D. Hawk, entered an open plea in case numbers S1000006 and S1000007 to three counts of burglary, Class D felonies; six counts
of theft over $1,000, Class D felonies; eight counts of theft under $500, Class A misdemeanors; two counts of criminal trespass, Class C misdemeanors; and one count of
vandalism under $500, a Class A misdemeanor. The trial court imposed a total effective sentence of six years, to be served in the Tennessee Department of Correction as a Range I,
standard offender. On appeal, the defendant argues that his sentence is excessive and disputes the denial of alternative sentencing. Following our review, we affirm the judgments
of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/hawkm_061411.pdf
STATE OF TENNESSEE v. CORINIO PRUITT
Court: TCCA
Attorneys:
Harry E. Sayle, III, and Tony N. Brayton, Memphis, Tennessee, for the Appellant, Corinio Pruitt.
Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; James E. Gaylord, Assistant Attorney General; William L. Gibbons, District Attorney
General, Amy P. Weirich, Alanda H. Dwyer, and John W. Campbell, Assistant District Attorneys General, for the Appellee, State of Tennessee.
Judge: MCMULLEN
Capital Appellant, Corinio Pruitt, appeals as of right from his conviction for first degree felony murder and his sentence of death resulting from the August 2005 death of Lawrence
Guidroz. On February 29, 2008, a Shelby County jury found the Appellant guilty of one count of second degree murder and one count of first degree felony murder, and the trial
court merged the conviction for second degree murder with the first degree murder conviction. At the conclusion of the penalty phase, the jury unanimously found the presence
of three statutory aggravating circumstances; specifically, (1) the defendant had previously been convicted of one or more felonies involving the use of violence, (2) the murder was
knowingly committed while the defendant had a substantial role in committing a robbery, and (3) the victim was seventy (70) years of age or older. See T.C.A. section 39-13-204(i)(2), (7), (14). The jury further determined that these three aggravating circumstances outweighed any mitigating circumstances and imposed a sentence of death. The trial court approved the sentencing verdict. On appeal, the Appellant presents the following issues for our review:
(1) whether the trial court erred in failing to find the Appellant intellectually disabled and ineligible for the death penalty, (2) whether the evidence is sufficient to support a conviction for first degree felony murder, (3) whether the trial court erred in permitting the introduction of the autopsy photographs of the victim, (4) whether application of the (i)(7) aggravating circumstance is constitutional, (5) whether the evidence is sufficient to support application of the (i)(7) aggravator, and (6) whether the sentence of death is proportionate in the present case. After a thorough review of the record and the applicable law, we affirm the judgment
of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/pruittc_061411.pdf
STATE OF TENNESSEE v. DERRICK SLOAN TAYLOR
Court: TCCA
Attorneys:
Dwight E. Scott, Nashville, Tennessee, for the appellant, Derrick Sloan Taylor.
Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Sarah Davis and Jan Norman, Assistant
District Attorneys General, for the appellee, State of Tennessee.
Judge: TIPTON
The Defendant, Derrick Sloan Taylor, was convicted by a Davidson County Criminal Court jury of felony murder, second degree murder, and especially aggravated robbery, a Class A
felony. See T.C.A. sections 39-13-202 (Supp. 2007), 39-13-210 (2010), 39-13-403 (2010). The trial court merged the convictions for felony murder and second degree murder and sentenced the Defendant as a Range III, multiple offender to life for felony murder and to forty years' confinement for especially aggravated robbery, to be served concurrently with each other and consecutively to the Defendant's sentence in another case. On appeal, he contends that the evidence was insufficient to support his convictions and that the trial court erred by admitting evidence of prior bad acts. We affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/taylord_061411.pdf
|
|
 |
|
| TODAY'S NEWS |
|
Legal News
Convention 2011
U.S. Supreme Court
Passages
Upcoming
TBA Member Services
|
| Legal News |
| Newspaper disputes sealing of Baumgartner case records |
| Attorney Richard Hollow on Monday filed on behalf of News Sentinel Editor Jack McElroy a petition that challenges the decision that keeps under seal documents related to former Knox County Criminal Court Judge Richard Baumgartner. The newspaper hopes to find information that could shed light on the relationship between Baumgartner, a former participant in the drug court program, and the felon who confessed to supplying the ex-judge hundreds of prescription painkillers.
McElroy says the sealing smacks of preferential treatment afforded Baumgartner that would not be offered other convicted criminals. |
The News Sentinel has this story
|
| Judge honored for historic preservation |
| The National Society of the Daughters of the American Revolution presented its highest national award for historic preservation to Judge Jon P. McCalla at the Tennessee NSDAR State Conference in Franklin.
McCalla was selected to receive this honor principally for his work in preserving the oral history of small communities as the editor-in-chief of the book "An Illustrated History of the People and Towns of Northeast Shelby County and South Central Tipton County." |
The Commercial Appeal has more
|
| Same-sex couple can file bankruptcy despite Prop 8 |
| A federal statute barring recognition of same-sex marriage can't prevent a legally wed same-sex couple from jointly filing for bankruptcy, a group of 20 judges in California has decided. The ruling by the U.S. Bankruptcy Court in Los Angeles yesterday found that two men who had married in California before the controversial Proposition 8 ban went into effect could not be denied their constitutional due-process right to file together by the federal Defense of Marriage Act. |
Get more from ABAJournal.com
|
| ABA takes step toward law school transparency |
| The ABA's Section on Legal Education and Admissions to the Bar on June 11 approved changes to its annual law school questionnaire that will require schools to report more detailed employment and salary information on their graduates. The change is an effort to improve the accuracy and transparency of law school employment data.
Law School Transparency, a Tennessee-based nonprofit organization founded last year to advocate for delivering better employment information to prospective students, called the change a "enormous step." |
Law.com reports
|
| Celebrate Flag Day today |
| Today is Flag Day, when Americans celebrate the adoption of the Stars and Stripes as the nation's banner by the Second Continental Congress on June 14, 1777, and reflect on the flag's importance as a symbol of "one nation under God, indivisible, with liberty and justice for all."
|
The Charlotte Observer looks at the flag's place in history
|
| Convention 2011 |
| It's not too late to go to the TBA Convention |
|
Advance registration to the 2011 TBA Annual Convention in Chattanooga has closed, but you can still register at the event, which kicks off Wednesday at the Chattanoogan Hotel. Highlights of the convention include a journey to the Rhea County Courthouse in Dayton, site of the famed Scopes trial, where Pulitzer Prize-winning author Edward Larson will tell the story of the famous case and discuss the legal issues raised in the trial, and an evening at the Tennessee Aquarium for dinner, touring and access to the acclaimed Riverbend Music Festival. |
Find out more about convention activities now
|
| U.S. Supreme Court |
| Voting recusal ethics law upheld by court |
| States can require that lawmakers disqualify themselves from voting on matters because they may have a conflict of interest, the Supreme Court ruled on Monday in upholding long-standing ethics rules.
The high court unanimously upheld the Nevada Ethics in Government Act, rejecting arguments it was unconstitutionally broad and violated free-speech rights. |
WREG carried this Reuters story
|
| Justices travel for summer break |
| With the U.S. Supreme Court on break for the summer, the justices are headed out of Washington. Chief Justice John Roberts is going to Florence, Italy; Justice Anthony Kennedy is headed to Salzburg, Austria; and Justice Samuel Alito will spend time in Rome. Each is taking part in an American law school's summer-abroad program.
Justices Stephen Breyer and Elena Kagan are headed to the Aspen Institute in Colorado. Justice Ruth Bader Ginsburg also may visit Aspen. |
Learn more from TriCities.com
|
| Passages |
| Civil Rights activist Ben Cox dies |
| The Rev. Ben Cox, one of the original Freedom Riders who held peaceful protests for civil rights in the early 1960s, died in Jackson on Sunday. He was 79. Local NAACP president Harrell Carter called Cox, "an iconic figure that was pivotal in the history of civil rights in America. Ben was a man of great faith and believed that service to others came before self," Carter said.
The funeral will be at New St. Luke Church on North Royal Street, with a visitation from noon until 2 p.m. on Saturday. Funeral services will begin at 2 p.m. There also will be a visitation from 9 a.m. until 6 p.m. on Friday. |
The Jackson Sun has more
|
| Upcoming |
| Debtors and creditors is subject of next legal forum |
| A seminar for the public, "Debtors and Creditors: Your Rights and Remedies," is set for June 30, from 7 to 8:30 p.m. at the Cleveland/Bradley Public Library. It is part of a quarterly Legal Forum series that is a partnership between the Bradley County Bar Association and the public library. |
Read it in The Cleveland Dailey Banner
|
| TBA Member Services |
| Earn rewards with Budget car rentals |
| Tennessee Bar Association members who rent with Budget twice for two consecutive days on each rental before Dec. 31 can receive $25 to put toward their next car rental. To take part in the promotion, first enroll in the Budget Fastbreak counter bypass program. After enrolling, visit Budget Bucks to get full terms and conditions of this promotion and to sign up.
Also remember that with your Tennessee Bar Association Budget Customer Discount Code you can receive up to 20 percent off your rentals. |
|
| |
|
| |
Discontinue your TBA Today subscription? ... Surely not!
But if you must, visit the TBALink web site at:
http://www.tba2.org/tbatoday/unsub_tbatoday.php
Questions, comments: Email us at TBAToday@tnbar.org
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
|
|
|
