Supreme Court to consider Knox County election issue

The Supreme Court announced today that it would consider whether its decision in the Shelby County term limits case applies to elections in Knox County. The motion for consideration was brought by former Knox County Commissioner Bee DeSelm who is seeking to oust Sheriff Tim Hutchison on the grounds that term limits apply not only to Knox county commissioners but to other office holders as well. The court will meet in Jackson tomorrow to consider the case in closed session.
TODAY'S OPINIONS
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

IVY JOE CLARK, ET AL. v. JOYCE ANN SHOAF, ET AL.

Court: TCA

Attorneys:

Andrew H. Owens, Memphis, Tennessee, for the appellant Tennessee Farmers Mutual Insurance Companies.

Marvin A. Bienvenu, Jr., Gatti, Keltner, Bienvenu & Montesi, PLC, Memphis, Tennessee, for the Appellees, Ivy Joe Clark and Vicky Clark.

Judge: FARMER

Husband sued for personal injury damages and Wife claimed damages for loss of consortium. The jury awarded Wife damages in an amount greater than damages awarded to Husband for the underlying personal injury claim. Appellant asserts the award to Wife is inconsistent and unsupportable as a matter of law. We affirm.

http://www.tba2.org/tba_files/TCA/2006/clarki040406.pdf


DANIEL GORDON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Paul K. Guibao, Memphis, Tennessee, for the appellant, Daniel Gordon.

Paul G. Summers, Attorney General and Reporter; Leslie Price, Assistant Attorney General; William L. Gibbons, District Attorney General, and Glen Baity, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The petitioner pled guilty in the Shelby County Criminal Court to one count of rape of a child on May 1, 2002. On October 7, 2002, the petitioner filed a petition for post-conviction relief asserting that he was afforded ineffective assistance of counsel at his guilty plea. Following a hearing, the post-conviction court denied the petition on May 19, 2005. The petitioner appeals to this Court. After a review of the record, we affirm the decision of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/gordond040406.pdf


STATE OF TENNESSEE v. CAREY B. HAYNES, JR.

Court: TCCA

Attorneys:

Charles M. Agee, Jr., Dyersburg, Tennessee, for the appellant, Carey B. Hayes, Jr.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; and Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The appellant, Carey Haynes, Jr., was indicted by the Dyer County Grand Jury for one count of selling less than .5 grams of cocaine and one count of selling more than .5 grams of cocaine. After a jury trial, the appellant was convicted on both counts. The trial court sentenced the appellant to six years for the conviction for the sale of less than .5 grams of cocaine and twelve years for the conviction for the sale of more than .5 grams of cocaine. The trial court ordered the sentences to run concurrently to each other, but consecutively to several sentences for which the appellant was on probation at the time he committed the present offenses. After the denial of a motion for new trial, the appellant sought an appeal, arguing that he received ineffective assistance of counsel at trial. For the following reasons, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/haynesc040406.pdf


MARCUS NIXON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Marcus Nixon, Pro Se, Tiptonville, Tennessee.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Elizabeth Rice, District Attorney General; and Tracey A. Brewer, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The petitioner, Marcus Nixon, was convicted in Lauderdale County of rape of a child and sentenced to serve twenty-one years in the Department of Correction. His conviction was affirmed on direct appeal. The petitioner filed a petition seeking a DNA analysis. The trial court initially granted an order requiring the petitioner to submit a blood sample to be compared to DNA collected at the scene. After a response from the State, the trial court entered a second order requiring the petitioner to provide a biological specimen for inclusion in the DNA database compiled by the State, but denying the petitioner's request for DNA analysis because no "exculpatory results" would come from the analysis. The petitioner then sought a writ of mandamus requiring the State to comply with the trial court's second order, and also filed a motion seeking permission to file an interlocutory appeal to appeal the trial court's denial of his petition requesting DNA analysis. The petitioner filed a timely notice of appeal. For the following reasons, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/nixonm040406.pdf


STATE OF TENNESSEE v. JERRY WARD and ROSANNE K. WARD

Court: TCCA

Attorneys:

Terry J. Leonard, Camden, Tennessee, for appellants, Jerry Ward and Rosanne K. Ward.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General; Robert Radford, District Attorney General; and Beth Boswell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The Benton County Grand Jury indicted the defendants, Jerry and Roseanne K. Ward, for crimes against revenue officers and tampering with governmental records. The defendants and the District Attorney General agreed to pretrial diversion. When the trial court refused to approve the agreement for pretrial diversion, the defendants filed an application for an appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. We have reviewed the record and conclude that the trial court erred in withholding its approval of the pretrial diversion agreement. Therefore, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2006/wardj040406.pdf


WELISTER L. WHITE v. DAVID MILLS, WARDEN

Court: TCCA

Attorneys:

Welister L. White, Pro Se, Henning, Tennessee.

Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; and Elizabeth Rice, District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The petitioner, Welister L. White, pled guilty to one count of felony murder in 1979 in exchange for a sentence of life imprisonment with the possibility of parole. In August of 2005, the petitioner sought habeas corpus relief on the basis that his sentence was illegal given the holding in Blakely v. Washington, 542 U.S. 296 (2004). The trial court dismissed the petition, and this appeal followed. Upon a review of the record in this case, we are persuaded that the trial court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/whitew040406.pdf


Constitutionality of HB 2842

TN Attorney General Opinions

Date: 2006-04-03

Opinion Number: 06-058

http://www.tba2.org/tba_files/AG/2006/ag_06-58.pdf

County Assessor's and Board of Equalization's Powers to Compel Witnesses

TN Attorney General Opinions

Date: 2006-04-03

Opinion Number: 06-059

http://www.tba2.org/tba_files/AG/2006/ag_06-59.pdf

TODAY'S NEWS

Legal News
BPR Actions
TBA Member Services
TennBarU CLE Programs

Legal News
Process announced to fill 2nd Judicial District vacancy
Chancellor Richard Ladd of the 2nd Judicial District has announced his retirement effective June 30. Those interested in applying for appointment to the seat must submit an applicant questionnaire to the Administrative Office of the Courts no later than May 1. The applicant chosen to complete the term will serve from July 1 to Aug. 31. An application and additional details are available on the
court's website
Disaster assistance news
The United Way has established temporary shelters in Dyer, Gibson and Weakley/Obion counties to help victims of Sunday's tornado and severe weather. Governor Bredeson has asked President Bush to designate Dyer and Gibson counties as federal disaster areas, and state Sen. Roy Herron and Rep. Mark Maddox today asked the governor to also petition for the federal designation in Weakley County.
To help or learn more
DUI Commission named
The commission established by Governor Bredeson to review existing DUI laws and recommend changes met for the first time last week in Nashville. The group will meet again April 21 and twice monthly thereafter. It will present findings and recommendations to the governor by Oct. 2. Mike Walker with the Tennessee Department of Safety chairs the commission. Other members include: Representative Joe Fowlkes; Attorney General Paul Summers; Janice Pilot, Memphis deputy chief of police; Sullivan County General Sessions Judge Kline Lauderback; 19th Judicial District Attorney General John Carney; Montgomery County Sheriff Norman Lewis; Becky Boone from Mothers Against Drunk Driving; 20th Judicial District Criminal Court Judge Steve Dozier; defense attorney Steve Oberman; and 20th Judicial District Public Defender Gary Antrican.

Cameras in federal court?
Last week, the U.S. Senate Judiciary Committee approved two bills paving the way for televised proceedings in all federal courts, including the Supreme Court. The first bill (S. 829) gives district and appellate court judges the option of allowing proceedings to be televised. Under current rules, only appellate judges have that authority. The second bill (S. 1768) requires the Supreme Court to allow television coverage of its public sessions unless a majority of justices agree that coverage would violate due process rights. The bills now go before the full Senate.

BPR Actions
Attorney reinstated following administrative suspension
The Tennessee law license of Amanda Payne Strange of Southhaven, Miss. has been reinstated. To view a list of all attorneys suspended and reinstated for failing to pay annual registration fees
click here
TBA Member Services
Register online now for 125th Annual TBA Convention
Join your colleagues from the Tennessee legal community at the state's largest and longest running gathering: the annual Tennessee Bar Association convention. This year's event will be in Memphis, June 14-17 at the Peabody Hotel. The event will again be held in conjunction with gatherings of the Tennessee Judicial Conference, the Tennessee Trial Lawyers Association and the Tennessee Lawyers' Association for Women.
Register or find out more now
TennBarU CLE Programs
Learn cutting edge issues in labor law at TennBarU forum
Join distinguished and highly qualified faculty from across the state as they guide you through a cross-section of the most recent decisions and cutting edge issues in the Labor and Employment Law arena. -- April 20 at the Tennessee Bar Center in Nashville. 6 general and 1 dual credit.
Register or learn more

 
 
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