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Wednesday, September 28, 2011

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Health care law reaches high court

A group of 26 states filed a petition with the U.S. Supreme Court today, challenging parts of an 11th Circuit ruling that struck the new health law's individual insurance mandate but upheld the rest of the law. This afternoon, the Obama Administration filed its own challenge to the appellate decision and urged prompt review by the court. The 11th Circuit ruling is the first of three to reach the court.

Learn more and download filings at SCOTUSBLOG

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.

LISA BRADFORD v. ABE STEPHENS

Court: TCA

Attorneys:

Norris Arthur Kessler III and Floyd Don Davis, Winchester, Tennessee, for the appellant, Abe Stephens.

John Mark Stewart, Winchester, Tennessee, for the appellee, Lisa Bradford.

Judge: BENNETT

The appellant, the former business partner of the appellee, appeals the trial court's determination that the appellee did not breach their partnership agreement, as well as the trial court's distribution of partnership profits. Appellant also appeals the trial court's decision not to grant a jury trial. We affirm the trial court's decision not to grant a jury trial as well as its determination that the appellee did not breach the partnership agreement. We adjust the amount of the court's awards to account for $5,000 of an $8,000 sale which the appellee kept rather than depositing it into the partnership account.

http://www.tba2.org/tba_files/TCA/2011/bradfordl_092811.pdf

IN RE: JOZIE C.C.

Court: TCA

Attorneys:

John Philip Parson, Cookeville, Tennessee, for the appellant, Karen C.

Lisa A. Houston, Jackson, Tennessee, for the appellee, John A.

Joseph T. Howell, Jackson, Tennessee, Guardian Ad Litem.

Judge: STAFFORD

This is a modification of child custody case. Mother and Father entered into a consent order naming Father primary residential parent and giving Mother visitation. Mother petitioned the juvenile court to change custody. The court denied the petition to change custody, but modified Mother's visitation. Mother appeals. Discerning no error, we affirm.

http://www.tba2.org/tba_files/TCA/2011/joziecc_092811.pdf

WANDA LEAVER WILLIAMS ET AL. v. BRANDON LEAVER ET AL.

Court: TCA

Attorneys:

David Brock East, Murfreesboro, Tennessee, for the appellants, Brandon Leaver and Tammy Leaver.

William Kennerly Burger, Murfreesboro, Tennessee, for the appellees, Wanda Leaver Williams and Kevin Williams.

Judge: BENNETT

The trial court imposed a constructive trust on a six-acre parcel of real property to carry out the intent of the father that his son and daughter would divide the property. The court ordered the sale of the property and division of the proceeds. We have concluded that the more appropriate equitable remedy is a resulting trust and have modified the judgment with regard to the disposition of the sale proceeds. Otherwise, we affirm the result reached by the trial court.

http://www.tba2.org/tba_files/TCA/2011/williamsw_092811.pdf

STATE OF TENNESSEE v. WAYNE BOYKIN

Court: TCCA

Attorneys:

Joseph T. Howell, Jackson, Tennessee (on appeal); George Morton Googe, District Public Defender; and Susan Korsnes, Assistant Public Defender (at trial), for the appellant, Wayne Boykin.

Robert E. Cooper, Jr., Attorney General & Reporter; Cameron L. Hyder, Assistant Attorney General; James G. Woodall, District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

Following a bench trial, the defendant, Wayne Boykin, was convicted of fraudulently using a credit card to obtain goods with a value in excess of $60,000, which is punishable as a Class B felony. The Circuit Court of Madison County sentenced the defendant to ten years incarceration as a Range I, standard offender. On appeal, the defendant maintains that (1) the evidence was insufficient to support his conviction, and (2) his sentence was excessive. After careful review, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/boykin_092811.pdf

STATE OF TENNESSEE v. GEORGE EUGENE CODY

Court: TCCA

Attorneys:

David A. Collins, Nashville, Tennessee, for the appellant, George Eugene Cody.

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Victor S. Johnson III, District Attorney General; Sarah N. Davis and Robert Elliott McGuire, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: WITT

A Davidson County Criminal Court jury convicted the defendant, George Eugene Cody, of two counts of criminally negligent homicide, see T.C.A. section 39-13-210 (2006), two counts of first degree murder committed in the perpetration of a robbery, see id. section 39-13-202(a)(2), two counts of especially aggravated robbery, see id. section 39-13-403, and two counts of identity theft, see id. section 39-14-150. At sentencing, the trial court merged the criminally negligent homicide convictions into the felony murder convictions and imposed a total effective sentence of life plus 20 years' imprisonment. On appeal, the defendant challenges only the sufficiency of the evidence to support his convictions. Discerning no infirmity in the evidence, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/codyg_092811.pdf

DANIEL EWING v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Karen McDonald, Nashville, Tennessee, for the appellant, Daniel Ewing.

Robert E. Cooper, Jr., Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Charles Crawford, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

Much aggrieved by his guilty-pleaded convictions of rape and introduction of drugs into a penal institution, the petitioner, Daniel Ewing, filed a petition for post-conviction relief alleging that his guilty pleas were involuntarily and unknowingly entered as a product of the ineffective assistance of counsel. Following the appointment of counsel and an evidentiary hearing, the post-conviction court denied relief. Following our review, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2011/ewingd_092811.pdf

BILLY F. JOHNSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Billy F. Johnson, Whiteville, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, III, District Attorney General, and Pamela S. Anderson, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

In 2000, a Davidson County jury convicted the Petitioner, Billy F. Johnson, of felony murder, first degree murder, and theft, and the trial court sentenced him to an effective sentence of life imprisonment plus two years. In 2010, the Petitioner filed a pro se petition for post-conviction relief, and the post- conviction court summarily dismissed the petition, concluding that his petition was not filed within the applicable statute of limitations. On appeal, the Petitioner contends that he was mentally incompetent and unable to timely proceed with his petition, and, as a result, the post-conviction court erred when it dismissed his petition. After thoroughly reviewing the record and the applicable authorities, we affirm the post-conviction court's judgment.

http://www.tba2.org/tba_files/TCCA/2011/johnsonb_092811.pdf

JASON KAYSER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Danny H. Goodman, Tiptonville, Tennessee, for the appellant, Jason Kayser.

Robert E. Cooper, Jr., Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Tommy A. Thomas, District Attorney General; and Kevin McAlpin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Petitioner, Jason Kayser, appeals the Weakley County Circuit Court's denial of post-conviction relief from his conviction upon his guilty plea for second degree murder, a Class A felony, for which he is serving seventeen years as a violent offender. The Petitioner contends that he did not receive the effective assistance of counsel in connection with his guilty plea and that his plea was not knowingly,voluntarily, and intelligently entered. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2011/kayserj_092811.pdf

DANNY E. ROGERS v. HOWARD CARLTON, WARDEN

Court: TCCA

Attorneys:

Danny E. Rogers, Mountain City, Tennessee, pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; and Sophia S. Lee, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Danny E. Rogers, filed in the Johnson County Criminal Court a petition for a writ of habeas corpus. The habeas corpus court summarily dismissed the petition, and the petitioner appeals. The State filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record and the parties' briefs, we conclude that the petition was properly dismissed. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2011/rogersd_092811.pdf

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Legal News

Gaile Owens to be released

Former death row prisoner Gaile Owens of Bartlett, whose sentence for having her husband killed in 1985 was commuted to life in prison last year, has been granted parole. State officials confirmed that the Tennessee Board of Probation and Parole approved her release today. A spokesperson for the board said her actual release date could come within one to three weeks.

The Commercial Appeal reports

Paper: Release details of Crumley incident

The Johnson City Press has made an open records request for video from a police car involved in an incident last week with former prosecutor Joe Crumley. Jonesborough police have declined to release the footage and a written report, citing its relevance to an ongoing investigation. But the incident is raising questions of preferential treatment for the former official. In today's paper the Johnson City Press writes, "It's impossible for us to say at this point if Crumley was treated the same as or differently from any other driver stopped under the same circumstances. Even so, not releasing all the information about this incident has given ammunition to the cynics who believe otherwise."

White named to Supreme Court Historical Society

University of Tennessee College of Law professor Penny White has been named to the board of directors of the Tennessee Supreme Court Historical Society, which exists to provide historical information about the state's appellate courts, and to promote a better understanding of the role of the judiciary in society. The law school announced the news on its website this week.