Camp picked as State Court Administrator

Randy Camp, who has served three years as state personnel commissioner, will become administrative director of the Tennessee court system on Jan. 1.

http://www.tba2.org/tbatoday/news/2005/camp.html

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, 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 http://www.tba.org/getpassword.mgi.

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Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. 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. 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. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

KIM BROWN v. CARLTON BROWN

Court: TCA

Attorneys:

Gregory D. Smith, and Aminah M. Collick, Nashville, Tennessee, for Appellant.

Jeffrey L. Levy, Nashville, Tennessee, for Appellee.

Judge: FRANKS

In the divorce action, the Trial Court awarded wife a divorce, alimony, child support, and divided marital property and debts of the marriage, and awarded fees for the wifeís attorney. The husbandís issues on appeal are valuation and division of property, alimony, attorneyís fees and amount of child support. We affirm the Trial Courtís Judgment.

http://www.tba2.org/tba_files/TCA/2005/brownk121505.pdf


IN RE M.J.H.
MAL HOOKER v. TONIA SMITH JOHNSON


Court: TCA

Attorneys:

William T. Winchester, Memphis, Tennessee, for the appellant, Mal Hooker.

Gregory S. Gallagher, Memphis, Tennessee, for the appellee, Tonia Smith Johnson.

Judge: KIRBY

This is a petition in juvenile court to modify custody. In November 1997, the juvenile court issued an order granting the mother primary residential custody of the partiesí daughter, and granting the father liberal visitation. In October 2001, the father filed a petition to modify his visitation. The fatherís petition was later amended to add a request for joint custody. In November 2001, the juvenile court entered an order rescheduling the matter for a later date and granting the father visitation with the child for a full week on alternating weeks, pending the hearing. The mother tried to obtain a rehearing of that order, but was unable to do so because of numerous procedural problems. In July 2004, a final hearing was conducted. The juvenile court determined that no material change in circumstances had occurred since the November 1997 order, and that the childís best interest would not be served by granting the parties joint custody. The juvenile court slightly modified the visitation schedule for the father set forth in the November 1997 order. From that order, the father now appeals. We affirm.

http://www.tba2.org/tba_files/TCA/2005/hookerm121505.pdf


STATE OF TENNESSEE, EX REL. CHERYL MARKLEY MOCK v. BENJAMIN FRANKLIN DECKER

Court: TCA

Attorneys:

Paul G. Summers, Attorney General and Reporter, Stuart F. Wilson-Patton, Senior Counsel, and Juan G. Villasenor, Assistant Attorney General, Nashville, Tennessee, for the appellant, State of Tennessee, ex rel. Cheryl Markley Mock.

Benjamin Franklin Decker, Memphis, Tennessee, appellee, Pro Se.

Judge: KIRBY

This is a Title IV child support case. The child involved in this action was born in September 2000. The parents were never married. The child lived with the mother, and the mother began receiving financial assistance from the State when the child was born. In February 2002, the child was legitimated as the natural child of the father. In February 2003, the State, on behalf of the mother, filed a petition against the father for child support payments. In May 2003, the father was ordered to pay child support, plus a monthly amount toward his child support arrearage. The mother filed a petition for rehearing by the juvenile court judge, arguing that the established arrearage was too high, and asserting that she no longer wanted child support from the father because the two were reunited. In November 2003, a hearing was conducted. At the conclusion of the hearing, the trial court terminated the fatherís monthly child support obligation and gave him a credit toward the child support arrearage for payments that had been made directly to the mother. The State filed a motion to alter or amend the decision, which was denied. The State now appeals. We reverse.

http://www.tba2.org/tba_files/TCA/2005/mockc121505.pdf


STATE OF TENNESSEE v. COREY C. ABERNATHY

Court: TCCA

Attorneys:

John G. McDougal, Chattanooga, Tennessee, for the appellant, Corey C. Abernathy.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William H. Cox, III, District Attorney General; and Mary Sullivan Moore, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Corey C. Abernathy, was convicted after a bench trial of theft of property under $500, a Class A misdemeanor, and sentenced to eleven months, twenty-nine days, suspended to probation. On appeal, the defendant argues the evidence was insufficient to support his conviction. We conclude that the defendant was not questioned, as required, before being allowed to represent himself. Accordingly, we reverse the conviction and remand for a new trial.

http://www.tba2.org/tba_files/TCCA/2005/abernathyc121505.pdf


DARRELL BRADDOCK v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Darrell Braddock, West Tennessee State Prison, Henning, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General; William L. Gibbons, District Attorney General; and John W. Campbell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Darrell Braddock, appeals the denial of his petition for post-conviction relief, arguing the post-conviction court erred in finding he received effective assistance of counsel. Following our review, we affirm the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2005/braddockd121505.pdf


STATE OF TENNESSEE v. RICHARD GASTINEAU

Court: TCCA

Attorneys:

Joseph S. Ozment, Memphis, Tennessee, for the appellant, Richard Gastineau.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and James A. Wax, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Richard Gastineau, pled guilty in the Shelby County Criminal Court to reckless driving, and the trial court sentenced him to a six-month suspended sentence and fined him five hundred dollars. The trial court also sua sponte ruled that the appellant had violated the implied consent law and revoked his driverís license for one year. In this appeal, the appellant claims that the trial court erred by finding that he violated the implied consent law and by revoking his driverís license. Upon review of the record and the partiesí briefs, we conclude that the trial court lacked jurisdiction over the implied consent law violation and reverse the judgment of the trial court. We also remand the case to the trial court in order for it to clarify on the record whether the appellant should receive judicial diversion for the reckless driving conviction.

http://www.tba2.org/tba_files/TCCA/2005/gastineaur121505.pdf


STATE OF TENNESSEE v. RONALD LEE HAMBY

Court: TCCA

Attorneys:

William A. Kennedy, Blountville, Tennessee, for the appellant, Ronald Lee Hamby.

Paul G. Summers, Attorney General & Reporter; Blind Akrawi, Assistant Attorney General; and William B. Harper, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

The defendant, Ronald Lee Hamby, entered pleas of guilty to aggravated burglary, a Class C felony, and theft over $500, a Class E felony. The trial court imposed an effective sentence of seven years to be served in a community corrections program. Fifteen months later, the community corrections sentence was revoked and the defendant was ordered to serve the remainder of his term in the Department of Correction. In this appeal, the single issue presented for review is whether revocation was proper. The judgment is affirmed.

http://www.tba2.org/tba_files/TCCA/2005/hambyr121505.pdf


STATE OF TENNESSEE v. BRANDON JEROME JOHNSON

Court: TCCA

Attorneys:

Terry L. Jordan, Assistant Public Defender, for the Appellant, Brandon Jerome Johnson.

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph Eugene Perrin, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Brandon Jerome Johnson, appeals the sentencing decision of the Sullivan County Criminal Court. Johnson pled guilty to possession of less than .5 grams of cocaine for sale or delivery, tampering with evidence, vandalism, and resisting arrest. Pursuant to the plea agreement, he was sentenced as a Range I standard offender to an effective sentence of four years and six months in the Department of Correction. On appeal, Johnson argues that the trial court erred by denying his request for alternative sentencing. After review of the record, we affirm the judgmentof the trial court.

http://www.tba2.org/tba_files/TCCA/2005/johnsonb121505.pdf


STATE OF TENNESSEE v. CLARENCE EDWARD JOHNSON

Court: TCCA

Attorneys:

Leslie Hale, Blountville, Tennessee, for the appellant, Clarence Edward Johnson.

Paul G. Summers, Attorney General & Reporter; Leslie Price, Assistant Attorney General; and Robert H. Montgomery, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WADE

The defendant, Clarence Edward Johnson, entered pleas of guilty to four counts of forgery, four counts of identity theft, speeding, failure to provide proof of financial responsibility, two counts of second offense driving on a revoked license, misdemeanor failure to appear, two counts of felony failure to appear, and theft under $500. The trial court imposed an effective sentence of six years of incarceration followed by three years of supervised probation. In this appeal, the defendant asserts that the trial court erred by denying an alternative sentence. The judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2005/johnsonc121505.pdf


DEANGELO DEMOND JOHNSON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Deangelo Demond Johnson. J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Deangelo Demond Johnson.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Deangelo Demond Johnson, pled guilty in the Knox County Criminal Court to possession of more than .5 grams of cocaine with the intent to sell, felony evading arrest, and driving on a suspended license. He received a total effective sentence of ten years. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his counsel was ineffective. The post-conviction court dismissed the petition, and the petitioner appeals. Upon our review of the record and the partiesí briefs, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2005/johnsond121505.pdf


SIDNEY PORTERFIELD v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Sidney Porterfield, Pro Se.

Paul G. Summers, Attorney General and Reporter; Alice B. Lustre, Senior Counsel; William L. Gibbons, District Attorney General; and Don D. Strother, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Petitioner, Sidney Porterfield, was convicted of first-degree murder and sentenced to death. The Petitioner has exhausted his direct appeals and has previously pursued post-conviction relief. The Petitioner filed the instant habeas corpus petition asserting several claims regarding the validity of his sentence. The trial court summarily denied the petition. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2005/porterfields121505.pdf


STATE OF TENNESSEE v. VICTOR L. POWELL

Court: TCCA

Attorneys:

Clayton F. Mayo (at trial); and David H. Crichton, Assistant Public Defender (on appeal), Jackson, Tennessee, for the appellant, Victor L. Powell.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; James G. Woodall, District Attorney General; and Jason White, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

The defendant, Victor Powell, was convicted of two counts of vehicular homicide (by recklessness and by intoxication), three counts of vehicular assault, and two counts of driving under the influence. The conviction for vehicular homicide by recklessness was merged into the conviction for vehicular homicide by intoxication. In addition, both convictions for driving under the influence were merged into the conviction for vehicular homicide by intoxication. The trial court imposed consecutive sentences of twelve years for vehicular homicide and four years for each vehicular assault conviction. In this appeal, the defendant asserts that the evidence was insufficient and that the trial court erred by refusing to grant a second mental evaluation. The judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2005/powellv121505.pdf


STATE OF TENNESSEE v. NICHOLAS RIENDEAU

Court: TCCA

Attorneys:

John D. Parker, Jr., Kingsport, Tennessee, for the appellant, Nicholas Riendeau.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; and Teresa M. Smith, Assistant District Attorney, for the appellee, State of Tennessee.

Judge: WADE

The defendant, Nicholas Riendeau, pled guilty to theft over $1,000, forgery, identity theft, two1 counts of possession of drug paraphernalia, possession with intent to deliver less than .5 grams of cocaine, simple possession of cocaine, possession of a schedule IV drug (clonazepam), and theft over $10,000. The trial court imposed a Range I, effective sentence of five years in the Department of Correction. In this appeal, the defendant asserts that the trial court erred by denying full probation. The judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2005/riendeaun121505.pdf


STATE OF TENNESSEE v. COREY DESHAWN ROBINSON

Court: TCCA

Attorneys:

Stephen M. Wallace, District Public Defender, and Leslie S. Hale, Assistant Public Defender, for the appellant, Corey Deshawn Robinson.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Teresa Murray-Smith, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant appeals his sentence of three years confinement after entering a guilty plea to theft of property over $10,000. The defendant contends the trial judge erred in failing to sentence him to full probation or other alternative sentencing. Our review reveals that the trial judge complied with sentencing procedures, and we affirm the sentence.

http://www.tba2.org/tba_files/TCCA/2005/robinsonc121505.pdf


MICHAEL W. SMITH v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Juni S. Ganguli, Memphis, Tennessee, for the appellant, Michael W. Smith.

Paul G. Summers, Attorney General and Reporter; Brian C. Johnson, Assistant Attorney General; William L. Gibbons, District Attorney General; and Alana Dwyer, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Michael W. Smith, appeals the denial of his petition for post-conviction relief, raising as his sole issue whether trial counsel was ineffective for failing to properly prepare and investigate his case. Following our review, we affirm the denial of the petition.

http://www.tba2.org/tba_files/TCCA/2005/smithm121505.pdf


Use of Two Way Video Conferencing at Parole Hearings

TN Attorney General Opinions

Date: 2005-12-15

Opinion Number: 05-175

http://www.tba2.org/tba_files/AG/2005/OP175.pdf

Joint Economic Development Board of Weakley County

TN Attorney General Opinions

Date: 2005-12-15

Opinion Number: 05-176

http://www.tba2.org/tba_files/AG/2005/OP176.pdf

Validity of Tenn. Code Ann. Sec. 41-8-107(c)
Regarding the Use of Subsidies Received for Housing


TN Attorney General Opinions

Date: 2005-12-15

Opinion Number: 05-177

http://www.tba2.org/tba_files/AG/2005/OP177.pdf

Food Allergies under the ADA

TN Attorney General Opinions

Date: 2005-12-15

Opinion Number: 05-178

http://www.tba2.org/tba_files/AG/2005/OP178.pdf

TODAY'S NEWS

Legal News
Online CLE
Upcoming CLE Programs

Legal News
TBA asks for more time to comment on TLAP/BPR rule changes
The TBA today filed a motion with the Tennessee Supreme Court asking for an additional 3 months -- until March 31 -- to comment on proposed amendments to Rule 9 and Rule 33 proposed by the Tennessee Lawyers Assistance Program (TLAP) and the Board of Professional Responsibility (BPR). The proposal was put out for comment last week by order of the Court. Read the amendment here and the TBA motion here.

Survey shows strong support for general sessions court candidate Jackson
The Knoxville News Sentinel reported today that a Knoxville Bar Association survey of nearly 500 attorneys shows longtime prosecutor Andy Jackson as the overwhelming favorite among lawyers to replace retiring Sessions Court Judge Brenda Waggoner.
0,1406,KNS_347_4316241,00.html
Online CLE
Two new online courses available on TennBarU
Many court cases are decided, not at trial, but at pretrial hearings on search and seizure questions. Learn what the latest cases hold in this important area of criminal procedure from this new course. Also new is a course that addresses the effect of the adoption of comparative fault on those common law tort doctrines that you learned in Torts 101. Scenarios and hypotheticals will raise issues and illustrate the problems that can arise when an important change in the law occurs by judicial fiat, leaving other doctrines uncertainly affected or even abrogated.
index.htm
Upcoming CLE Programs
Special offer for last-minute CLE program
TennBarU is offering more than 150 hours of video replays (100+ ethics hours) between Dec. 27 and Dec. 30 at the Tennessee Bar Center in Nashville. We still need moderators to fill some of the three hour shifts -- moderators will earn 6 hours credit for each shift. Interested? Call TennBarU Administrator Kathleen Caillouette at (615) 383-7421 and schedule your shift today.
endofyear_2005.html

 
 
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