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| Wednesday, August 03, 2011 |
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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.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
07 - TN Court of Criminal Appeals
01 - 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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ASHRAF M. SAWERES v. ROYAL NET AUTO SALE, INC., ET AL.
Court: TCA
Attorneys:
Dan R. Alexander, Nashville, Tennessee, for the appellant, Ashraf M. Saweres a/k/a Ashraf M. Ghobrial.
Marc A. Walwyn, Madison, Tennessee, for the appellee, Royal Net Auto Sale, Inc., and Welid Kamake.
Judge: DINKINS
This appeal arises out of an action in which the plaintiff asserted a claim that the agent of a used car business in which the plaintiff allegedly invested committed misrepresentation, fraud, and conversion, and violated the Tennessee Consumer Protection Act in failing to give him stock in the business or compensate him for work performed at the business. Plaintiff also asserted a claim based on defendants' alleged failure to repair his vehicle. The trial
court held that plaintiff had not established the necessary elements for any of his claims and dismissed the case; plaintiff appeals. Finding no error, we affirm.
http://www.tba2.org/tba_files/TCA/2011/saweresa_080311.pdf
STATE OF TENNESSEE v. MAURICE EDWARD CARTER
Court: TCCA
Attorneys:
Jacky O. Bellar (on appeal and at trial) and Jamie Winkler (at trial), Carthage, Tennessee, for the appellant, Maurice Edward Carter.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; Howard L. Chambers, Assistant District Attorney General; and William C. Whitesell, Jr., District Attorney General, for the appellee, State of Tennessee.
Judge: GLENN
The defendant, Maurice Edward Carter, pled guilty in Smith County to one count of aggravated statutory rape and one count of criminal exposure to HIV for an effective
sentence of twenty years. Additionally, he pled guilty in Rutherford County to four counts of aggravated sexual exploitation of a minor, two counts of solicitation of sexual
exploitation of a minor, one count of statutory rape, and one count of criminal exposure to HIV for an effective sentence of twenty years, to be served concurrently with his Smith
County sentences. As a condition of his guilty pleas, the defendant reserved a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure
regarding the denial of his motions to suppress the stop and search of his automobile, and his subsequent statement to police and evidence obtained during the execution of search
warrants. After review, we conclude that the record supports the findings of the trial courts that the motions to suppress were without merit and that the certified question is not
dispositive of the charges against the defendant and, as a result, this court is without jurisdiction to consider the appeal. Accordingly, the appeal is dismissed.
http://www.tba2.org/tba_files/TCCA/2011/carterm_080311.pdf
ROBERT EARL COLE v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Robert Earl Cole, Mountain City, Tennessee, pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; and Anthony Wade Clark, District Attorney General, for the appellee, the State of
Tennessee.
Judge: WOODALL
Petitioner, Robert Earl Cole, appeals from the trial court's order dismissing his petition for writ of habeas corpus. After review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/coler_080311.pdf
STATE OF TENNESSEE v. SALWILLEL THOMAS FIELDS
Court: TCCA
Attorneys:
Edward E. DeWerff, Clarskville, Tennessee, for the appellant, Salwillel Thomas Fields.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and John E. Finklea,
Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
In February 2005, a 14-count indictment was returned against the Defendant, Salwillel Thomas Fields. In exchange for concurrent sentencing, the Defendant pled guilty to
possession with intent to sell over 300 grams of cocaine, a Class A felony; possession with intent to sell more than one half ounce but less than ten pounds of marijuana, a Class E
felony; possession of a machine gun, a Class E felony; and three counts of unlawful possession of a weapon, a Class E felony. The parties agreed to the Defendant's sentencing
range for each of the convictions but left the length of the sentences to the trial court's discretion. The remaining counts were dismissed. The trial court sentenced the Defendant
as a Range II, multiple offender to 38 years for the Class A felony and as a Range III, persistent offender to 5-years for each of the Class E felonies. In this appeal as of right, the
Defendant contends that the trial court erred in setting the length of his Class A felony sentence. Following our review, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/fieldss_080311.pdf
STATE OF TENNESSEE v. LAMAR TYRONE HARRIS
Court: TCCA
Attorneys:
Dawn Deaner, District Public Defender, and Emma Rae Tennent, Assistant Public Defender (on appeal), and Latasha Thomas, Nashville, Tennessee (at trial), for the appellant, Lamar Tyrone Harris.
Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Jennifer Erin McMillen and Rachel Sobrero, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: THOMAS
The Defendant, Lamar Tyrone Harris, was charged with tampering with evidence, a Class C felony. Following the denial of his motion to suppress his inculpatory statement following a traffic stop, the Defendant pled guilty as charged. In accordance with the plea agreement, the trial court sentenced the Defendant as a Range I, standard offender to three years, suspended to probation. Pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, the Defendant sought to reserve a certified question of law challenging the trial court's denial of his motion to suppress. Following our review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/harrisl_080311.pdf
STATE OF TENNESSEE v. NICHOLAS SHAWN MARSHALL
Court: TCCA
Attorneys:
Gregory D. Smith (on appeal), Clarksville, Tennessee, and Donna Orr Hargrove, District Public Defender, Michael Collins, William Harold, and Stephanie Barca, Assistant Public
Defenders (at trial), Shelbyville, Tennessee, for the appellant, Nicholas Shawn Marshall.
Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; and Weakley E. Barnard and Chris Collins, Assistant District Attorneys General, for the appellee, State of Tennessee.
Judge: MCLIN
The defendant, Nicholas Shawn Marshall, stands convicted of rape, a Class B felony. The trial court sentenced him as a Range II, violent offender to fifteen years in the Tennessee
Department of Correction. On appeal, the defendant argues that the trial court erred in admitting hearsay and that the evidence was insufficient to support his conviction. Following
our review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/marshalln_080311.pdf
STATE OF TENNESSEE v. JIMMY SPRAGUE
Court: TCCA
Attorneys:
Steve McEwen, Mountain City, Tennessee (on appeal), and Stephen M. Wallace, District Public Defender, and Terry L. Jordan, Assistant Public Defender (at trial), for the appellant,
Jimmy Sprague.
Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Senior Counsel; H. Greeley Wells, Jr., District Attorney General; and Julie R. Canter, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WILLIAMS
The defendant, Jimmy Sprague, was convicted of failure to appear in court, a Class E felony. He was sentenced as a Range I, standard offender to two years in the Tennessee Department of Correction consecutive to an existing federal sentence. On appeal, he argues that: (1) the evidence was insufficient to support his conviction; (2) the trial court improperly refused to allow the admission of his medical records; and (3) he was improperly sentenced. After careful review, we affirm the judgment of the trial court in all respects.
http://www.tba2.org/tba_files/TCCA/2011/spraguej_080311.pdf
STATE OF TENNESSEE v. DONNIE LEE SULLIVAN
Court: TCCA
Attorneys:
Gregory D. Smith (on appeal), Clarksville, Tennessee, and William J. Harold (at trial) for the appellant, Donnie Lee Sullivan.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Charles Frank Crawford, Jr., District Attorney General; and Weakley E. Barnard,
Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: MCLIN
The defendant, Donnie Lee Sullivan, stands convicted of voluntary manslaughter, a Class C felony. The trial court sentenced him as a Range I, standard offender to four years and nine months in the Tennessee Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence, the sentence length, and the denial of alternate sentencing. Following our review, we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/sullivand_080311.pdf
Duties of Attorney in Office of Legal Services
TN Attorney General Opinions
Date: 2011-08-03
Opinion Number: 11-60
http://www.tba2.org/tba_files/AG/2011/ag_11_60.pdf
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| TODAY'S NEWS |
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Legal News
Career Opportunities
Passages
Disciplinary Actions
TBA Member Services
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| Legal News |
| Donald to get Senate vote Sept. 6 |
| U.S. District Judge Bernice B. Donald will get a confirmation vote in the U.S. Senate on Sept. 6, the first day Congress reconvenes after its five-week summer recess, a Senate staffer confirmed this morning.
Donald, 59, a federal judge in Memphis for more than 15 years, got a favorable report by the Judiciary Committee in early May. She is one of 20 judicial nominees awaiting a floor vote, including 16 who received unanimous thumbs up from the committee. |
The Commercial Appeal has more
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| Indicted Shelby clerk now suspended |
| Shelby County General Sessions Court Clerk Otis Jackson was suspended for 60 days with pay effective Friday because of his recent indictment on felony official misconduct charges. Jackson was indicted last month on allegations that he coerced members of the clerk's staff into giving money to his 2012 re-election campaign.
The action was taken by the General Sessions judges, who also appointed Edward Stanton Jr. -- the father of U.S. Attorney Ed Stanton III -- as interim clerk. |
The Commercial Appeal reports
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| How to connect indigent clients with parent services |
| The Administrative Office of the Courts sent a letter today to judges, clerks and attorneys outlining the procedures for mediation and parenting education under Tennessee Supreme Court Rule 38. Under the rule, indigent parents may participate in court-ordered mediation and parenting education seminars at a reduced or no fee. Providers of these services are reimbursed by filing a claim with the AOC. Get more details in the letter. |
See sample parenting plan forms
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| Resolution for Arriola's resignation on hold for now |
| The Metro Nashville Council will wait two weeks to vote on a resolution asking County Clerk John Arriola to resign. The Tennessee Bureau of Investigation has opened a criminal investigation after a NewsChannel 5 report showed that Arriola was accepting what he called "gratuities" for performing wedding ceremonies as part of his job. |
Read the story
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| ABA meeting features 2 Supreme Court justices |
| The American Bar Association's annual meeting gets underway in Toronto today.
Among many distinguished guests and speakers, U.S. Supreme Court Justice Stephen G. Breyer and retired Justice Sandra Day O'Connor will speak on the state of civil education in the nation's schools at a session on Saturday. |
Learn more about the meeting
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| Career Opportunities |
| Commercial real estate lawyer sought |
| Special Counsel Inc. is seeking a commercial real estate attorney for a Nashville corporation. The position requires a minimum of three years' experience in the field and experience reviewing due diligence, environmental reports and lease agreements for commercial tenants. To be considered, qualified candidates should submit resumes to nashville@specialcounsel.com. |
Learn more on JobLink
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| Passages |
| Judge Dozier's father dies |
| Retired Metro Nashville Police Department Major Tom Dozier, father of Davidson County Criminal Court Judge Steve Dozier, died Aug. 2. Visitation will be Thursday from 3:30 to 7 p.m. and on Friday from 1 until 2 p.m. with the funeral service immediately afterward. Both the visitation and funeral will be at Brentwood Baptist Church. |
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| KKK member convicted 40 years after murders, dies |
| James Ford Seale, who was convicted and imprisoned decades after the segregation-era abduction and killing of two young black men by Ku Klux Klansmen in rural Mississippi in 1965, has died, a spokesman with the federal Bureau of Prisons said.
Seale died Tuesday in Terre Haute, Ind., where he had been serving three life sentences after being convicted in 2007, Bureau of Prisons spokesman Edmond Ross told The Associated Press. He was 76. |
The News Sentinel has this Associated Press story
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| Disciplinary Actions |
| Two lawyers reinstated |
| Keisha D. May of Spencer, W.Va., and Samuel Alexander Reed of Nashville were reinstated to the practice of law after paying their 2010 Board of Professional Responsibility registration fees and filing their 2010 IOLTA reports. May was reinstated on Aug. 2. Reed was reinstated on Aug. 3. No further order of the court was required for their reinstatement. |
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| California lawyer reinstated |
| Steven C. Sobotka of San Diego, Calif., was reinstated to the practice of law on Aug. 1 after paying his state professional privilege tax as required by Tennessee Code Annotated 67-4-1 702. He was suspended on Dec. 3, 2010, for failing to pay the 2009 and 2010 fees. |
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| TBA Member Services |
| Ship directly from Microsoft Office Outlook with FedEx QuickShip |
| Now you can ship your FedEx packages directly from the Microsoft Office Outlook application -- and save money doing it. It's a fast and convenient way to easily access some of the most popular features on fedex.com using Microsoft technology. That's why you should Think FedEx First.
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Take advantage of your member discounts on select FedEx shipping services and FedEx OfficeSM business services
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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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