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| Tuesday, December 13, 2011 |
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Former Memphis judge and civil rights leader dies
Former Memphis criminal court judge and civil rights leader H.T. "Tony" Lockard died Monday at the age of 91. A native of Henning, Judge Lockard attended law school in Missouri after being denied admission to any law school in Tennessee. He graduated from Lincoln University School of Law in 1950 and returned to Tennessee to begin practicing. He was elected to the old Shelby County Quarterly Court in 1964 and became the first African American man to join a governor's cabinet when he served as an assistant to Gov. Buford Ellington from 1967 to 1971. He became a criminal court judge in 1975 and served until 1994.
Active in the civil rights movement, Judge Lockard defended African American students seeking to attend the University of Memphis and "played a key behind-the-scenes role as an adviser on civil rights issues to President Lyndon B. Johnson," according to the Memphis Daily News. He later served as president of the Memphis NAACP and as a board member of the National Civil Rights Museum. In 2010, he received the Benjamin L. Hooks Award from the Memphis Bar Foundation. Funeral services were pending at press time. R.S. Lewis & Sons Funeral Home in Memphis is handling arrangements.
The Commercial Appeal has more on his life
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TODAY'S OPINIONS
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DAVID CANTRELL v. JOE EASTERLING, WARDEN
CORRECTED concurring opinion released 12-13-11
Court: TSC
Attorneys:
Sharon Harless Loy, Memphis, Tennessee, for the appellant, David Cantrell.
Robert E. Cooper, Jr., Attorney General & Reporter; Gordon W. Smith, Associate Solicitor
General; Rachel E. Willis, Senior Counsel; for the appellee, State of Tennessee.
Judge: CLARK
We granted this appeal to determine if the defendant's four sentences for aggravated rape are illegal because each of the four uniform judgment documents designates the defendant as a "Multiple 35% Range 2" offender and does not designate the defendant as a "Multiple Rapist." Because the four uniform judgment documents indicate that the defendant is eligible for early release on parole, which is in direct contravention of a statutory provision, we hold that the four sentences are illegal and void. The defendant's underlying convictions of aggravated rape, which arose from a jury verdict before a court of competent jurisdiction, remain intact. We remand this matter to the sentencing court for the entry of four amended
judgment orders, each to set forth the legal sentence on each of the defendant's four convictions of aggravated rape, including the designation that the defendant is a "Multiple Rapist."
http://www.tba2.org/tba_files/TSC/2011/cantrelld_080111.pdf
WADE concurring
On page 3, in line 1 of the 2nd full paragraph, "In Moody, 160..." has been changed to "In Moody, 160...".
http://www.tba2.org/tba_files/TSC/2011/cantrelld_con_CORR_121312.pdf
STATE OF TENNESSEE v. MARK ANTHONY McNACK
Court: TSC
Attorneys:
Robert E. Cooper, Jr., Attorney General and Reporter; Gordon W. Smith, Associate Solicitor General; David H. Findley, Senior Counsel; James G. Woodall, District Attorney General; Shaun A. Brown, Assistant District Attorney General, for the appellant, State of Tennessee.
George Morton Googe, District Public Defender, and Gregory D. Gookin, Assistant Public Defender, for the appellee, Mark Anthony McNack.
Judge: WADE
Upon the defendant's plea of guilty to theft, the trial court imposed a three-year sentence to be served in the community corrections program. Although the defendant violated a condition of his release shortly after September 30, 2003, the revocation warrant was not filed and issued until ten months later. While revoking the community corrections sentence and ordering the defendant to serve the duration of his sentence in prison, the trial court approved credit for time served only through September 30, 2003, the estimated date of the violation. The Court of Criminal Appeals reversed, holding that the credit should have
extended until the issuance of the revocation warrant. We hold that the filing date of the revocation warrant begins the tolling of sentence credits. The judgment of the Court of Criminal Appeals is, therefore, affirmed.
http://www.tba2.org/tba_files/TSC/2011/mcnackm_121311.pdf
THOMAS H. GILREATH, ET AL. v. DONALD G. PETERS, II
Court: TCA
Attorneys:
Allen J. Coup, Mount Carmel, Tennessee, for the appellant, Donald G. Peters, II.
Douglas T. Jenkins, Rogersville, Tennessee, for the appellees, Thomas H. Gilreath, and Carol L. Gilreath.
Judge: SWINEY
Thomas H. Gilreath and Carol L. Gilreath ("Plaintiffs") sued Donald G. Peters, II ("Defendant") with regard to a right-of-way. After a trial, the Trial Court entered its order on February 17, 2010 finding and holding, inter alia, that Defendant had interfered with Plaintiffs' use of the right-of-way, and that the right-of-way "should remain open and unobstructed..." Defendant did not appeal this judgment. Plaintiffs later filed a motion for
contempt. During a hearing on Plaintiffs' motion, Defendant made an oral motion seeking to set aside the February 17, 2010 order pursuant to Tenn. R. Civ. P. 60.02(5). After the hearing, the Trial Court entered its order denying Defendant's Rule 60.02(5) motion, and
finding Defendant in contempt of the Trial Court's February 17, 2010 order. Defendant appeals to this Court raising issues regarding the denial of his Rule 60.02(5) motion, and the finding of contempt. We affirm.
http://www.tba2.org/tba_files/TCA/2011/gilreatht_121311.pdf
DAVID WHITE v. EMPIRE EXPRESS, INC. AND EMPIRE TRANSPORTATION, INC.
Court: TCA
Attorneys:
Richard Glassman and Lewis W. Lyons, Memphis, Tennessee, for the Defendant/Appellants Empire Express, Inc., and Empire Transportation, Inc.
Saul Belz and Andre B. Mathis, Memphis, Tennessee, for the Plaintiff/Appellee David White.
Judge: KIRBY
The case involves a lease-purchase agreement. The plaintiff truck driver worked for the defendant hauling company. He entered into a lease-purchase agreement with the co-defendant leasing company, affiliated with the employer hauling company, to purchase the truck he drove in his employment. At the end of the lease, the leasing company refused to transfer title to the truck to the plaintiff. The plaintiff then filed this lawsuit against both defendant companies, alleging breach of contract, conversion, and violation of the Tennessee Consumer Protection Act. The defendants asserted the affirmative defenses of set-off and recoupment based on the plaintiff's employment agreement. After a bench trial, the trial court held in favor of the plaintiff on all of his claims. However, based on an arbitration provision in the employment agreement, it granted the plaintiff's motion to dismiss and to compel arbitration of the defendants' affirmative defenses of set-off and recoupment. The defendants now appeal. In light of the trial court's order compelling arbitration, we dismiss
the appeal and remand for entry of an order staying the proceedings pending the arbitration.
http://www.tba2.org/tba_files/TCA/2011/whited_121311.pdf
BILLY LEE SIMMONS v. DAVID A. SEXTON, WARDEN
Court: TCCA
Attorneys:
Billy Lee Simmons, Mountain City, Tennessee, pro se.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Anthony Wade Clark, District Attorney General, for the appellee, State of Tennessee.
Judge: THOMAS
The Petitioner, Billy Lee Simmons, appeals the summary dismissal of his pro se petition for writ of habeas corpus, wherein he seeks relief for his eight-year sentence for possession of .5 grams or more of cocaine with the intent to sell and within 1,000 feet of a school. The crux of the Petitioner's argument is that his Class A felony sentence is illegal because it was enhanced pursuant to the Drug-Free School Zone Act. We agree that the Petitioner's sentence is illegal, albeit for a different reason-his sentence for a Class A felony not being authorized by law-and that the habeas corpus court erred in summarily dismissing the petition. We remand to the Johnson County Circuit Court for the appointment of counsel and a hearing to determine the proper remedy.
http://www.tba2.org/tba_files/TCCA/2011/simmonsb_121311.pdf
STATE OF TENNESSEE v. JEREMY CURTIS WORKMAN
Court: TCCA
Attorneys:
Duncan Cates Cave, Greeneville, Tennessee for the Appellant, Jeremy Curtis Workman.
Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; C. Berkeley Bell, District Attorney General; Cecil Mills and Tara Trent, Assistant District Attorneys General, for the Appellee, State of Tennessee.
Judge: WEDEMEYER
A Greene County jury convicted the Defendant, Jeremy Curtis Workman, of five counts of rape of a child and two counts of incest. The trial court sentenced the Defendant to twenty-five years confinement for each rape of a child conviction and six years for each incest
conviction and ordered that the rape of a child sentences run concurrently to each other but
consecutively to each incest conviction, for a total effective sentence of thirty-seven years to be served in the Tennessee Department of Correction. On appeal, the Defendant contends: (1) the trial court erred when it denied his motion to suppress his statements; (2) the trial court erred when it denied his motion to sever the offenses; (3) the trial court erred when it denied his motion for a judgment of acquittal based on the prosecutor's failure to establish jurisdiction or proper venue of the trial court; (4) the trial court erred when it overruled his motion to exclude members of the clergy from testifying at trial; (5) there is insufficient
evidence to support the jury's findings; (6) the trial court erred when it denied his motion for mistrial based on improper, prejudicial testimony from a DCS investigator; and (7) the trial court erred when it denied his motion for new trial based on the prosecutor's improper comments to the jury. After a thorough review of the record and applicable law, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2011/workmanj_121311.pdf
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| TODAY'S NEWS |
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Legal News
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TBA Member Services
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| Legal News |
| Baumgartner fallout continues |
| In light of new trials being granted to several high profile murder defendants whose cases were heard in front of former Criminal Court Judge Richard Baumgartner, other defendants are pursuing the possibility of new trials. The latest to publicly announce such a move is Raynella Dossett Leath, who was convicted of killing her husband in 2010. WREG.com has more on that story.
In related news, the News Sentinel is reporting that Knox County Public Defender Mark Stephens is working with area criminal defense attorneys to map out a strategy for challenging cases heard by Baumgartner. "It makes sense to have some systemic process" to decide what cases are at risk and how best to litigate them, he said.
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Learn more about that in the News Sentinel
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| Baumgartner prosecutor speaks out |
| Special prosecuting attorney Al Schmutzer broke his silence over the case of former Knox County Criminal Court judge Richard Baumgartner yesterday, saying he was "stunned" when Baumgartner received probation, hoping he would have received jail time. But Schmutzer defended his decision to offer a plea deal. He also explained why he limited the scope of the case to dealings with just one defendant and why the state did not pursue drug charges. The bottom line, according to Schmutzer, was the desire to obtain a felony conviction and get Baumgartner off the bench as quickly as possible.
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WBIR.com Knoxville reports
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| Petition calls on governor to halt retrials |
| Knoxville area residents upset that four defendants convicted in one of city's highest profile murder cases will get new trials are signing an online petition calling on Gov. Bill Haslam and the Tennessee Supreme Court to intervene. More than 3,000 have signed the document asking the state to halt the retrials. When asked for comment, Haslam's spokesperson said "According to our legal counsel, the governor doesn't have such authority, but as the governor has said previously it is a horrific thing having to replay all of that."
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WATE News Channel 6 has more
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| Blount County elects new officers |
| The Blount County Bar Association has elected its officers for 2012. Cathy H. Morton of Nicholson & Morton will serve as president, and Blount County Clerk and Master Stephen S. Ogle will serve as vice-president. Brent T. Strunk of Brackett & Strunk PLLC, will serve as treasurer while solo practioner George R. Maifair will serve as secretary.
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| Hearing on Gibson wood postponed |
| A federal court hearing over wood seized from Gibson Guitar Corp. has been postponed until Jan. 30. Federal prosecutors and Gibson Guitar Corp. asked for the hearing to be rescheduled, though court documents did not give a reason for the delay. The Nashville-based company is contesting a judge's ruling that it must wait until a criminal investigation is complete before proceeding with efforts to reclaim wood seized by the government.
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The Memphis Daily News has more
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| Frost Brown Todd to move to Pinnacle |
| The Nashville office of Frost Brown Todd has signed a long-term lease for 29,800 square feet on the 18th and 19th floors of The Pinnacle at Symphony Place. Construction of the firm's new space will begin this month with a move scheduled for May 2012. According to Mekesha Montgomery, member-in-charge of the office, the move is driven by growth. "We need to accommodate a staff twice the size of our current 15-attorney office." Though financial terms of the deal were not disclosed, the building permit for the new space authorizes $1.5 million in construction expenses. The firm currently is located in the Fifth Third Center. |
The Nashville Post reports
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| Upcoming |
| Vanderbilt mock trial event needs volunteers |
| The undergraduate mock trial team at Vanderbilt University is hosting its annual Commodore Classic Tournament Jan. 14-15. More than 20 of the top undergraduate mock trial teams in the country are expected to compete at the event. Judges, lawyers and law students are needed to help score rounds and evaluate competitors' knowledge of the law and courtroom procedure. Contact Leia Andrew at commodorejudges@gmail.com or (609) 304-5891 for more information or to volunteer.
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| Waller lunch to feature U.S. Rep John Lewis |
| U.S. Congressman and civil rights leader John Lewis will be the featured speaker at a luncheon celebrating the legacy of Dr. Martin Luther King Jr. on Jan. 13, 2012. The event, hosted by Nashville law firm Waller Lansden Dortch & Davis LLP, is an annual initiative that brings a prominent leader to Nashville to speak on the topic of diversity and service. The luncheon will take place at the Doubletree Nashville Downtown Hotel at 11:30 a.m. During the event, the firm also will present its Endowed Diversity Scholarship to University of Tennessee law school student Meesha Kaw.
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Learn more about the event from the firm
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| Disciplinary Actions |
| Three reinstated after administrative suspension |
| Several Tennessee lawyers have been reinstated in the last several weeks after being administratively suspended. One lawyer was reinstated after complying with 2011 CLE requirements. One lawyer was reinstated after complying with 2009 CLE requirements. And one lawyer was reinstated after paying the 2007 annual BPR registration fee. See updated lists at the links above.
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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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