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.

http://www.tba.org/convention2006/index.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 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.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
00 - TN Court of Appeals
23 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

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

STATE OF TENNESSEE v. MICHAEL ASHLEY

Court: TCCA

Attorneys:

Robert Wilson Jones, District Public Defender; and Garland Erguden, Assistant Public Defender, Memphis, Tennessee (on appeal), and Stephen Temple, Memphis, Tennessee (at trial), for the appellant, Michael Ashley.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General; William L. Gibbons, District Attorney General; and Michelle Kimbrill-Parks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

Defendant, Michael Ashley, was indicted on one count of criminally negligent homicide, a Class E felony, arising out of the death of the victim, James Graham. The trial court instructed the jury on the offenses of reckless endangerment accomplished with a deadly weapon, a Class E felony, and reckless endangerment without a deadly weapon, a Class A misdemeanor, as lesser included offenses of criminally negligent homicide. Following a jury trial, Defendant was found not guilty of criminally negligent homicide and guilty of felony reckless endangerment. The trial court denied probation and sentenced Defendant to two years confinement. In his appeal, Defendant argues that the trial court erred in charging the jury on the offense of felony reckless endangerment as a lesser included offense of criminally negligent homicide, and that the trial court erred in sentencing him to a sentence of confinement rather than some form of alternative sentencing. After a thorough review, we conclude that the conviction offense of felony reckless endangerment is not a lesser included offense of criminally negligent homicide. Because the jury rejected the charged offense of criminally negligent homicide, and because there are no lesser included offenses of criminally negligent homicide, we reverse and dismiss Defendant's conviction.

http://www.tba2.org/tba_files/TCCA/2006/ashleym040706.pdf


KENDALL G. CAMPBELL v. KEVIN MYERS, WARDEN and STATE OF TENNESSEE

Court: TCCA

Attorneys:

Kendall G. Campbell, Clifton, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Elizabeth Bingham Marney, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Petitioner, Kendall G. Campbell, appeals from the order of the trial court dismissing his petition for habeas corpus relief. The State has 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. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/campbellk040706.pdf


STATE OF TENNESSEE v. SERVANDO DELASANCHA CASTREJON

Court: TCCA

Attorneys:

Donna Leigh Hargrove, District Public Defender; and Andrew Jackson Dearing, III, Assistant Public Defender, Shelbyville, Tennessee, for the appellant, Servando Delasancha Castrejon.

Paul G. Summers, Attorney General and Reporter; C. Daniel Lins, Assistant Attorney General; William Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge: WOODALL

Defendant, Servando Delasancha Castrejon, entered a plea of guilty to two counts of sexual battery by an authority figure, a Class C felony, and two counts of unlawful photographing in violation of privacy, a Class A misdemeanor, without a recommendation from the State as to sentencing. Following a sentencing hearing, the trial court sentenced Defendant as a Range I, standard offender, to four years, six months for each felony conviction, and eleven months, twenty-nine days for each misdemeanor conviction. The felony sentences are to be served consecutively to each other, with the misdemeanor sentences concurrently with each other and with one of the felony sentences, for an effective sentence of nine years. Defendant does not challenge the trial courtís denial of alternative sentencing or the length of his sentences. In his appeal, Defendant argues that the trial court erred in imposing consecutive sentencing. After a careful review of the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/castrejons040706.pdf


JAMES CHARLES CAVAYE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

David Martin Hopkins, Nashville, Tennessee, for the appellant, James Charles Cavaye.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Mark A. Fulks and Amy Eisenbeck, District Attorneys General, for the appellee, State of Tennessee.

Judge: WELLES

This is an appeal from the denial of post-conviction relief. The Petitioner, James Charles Cavaye, was convicted upon a jury verdict of first degree murder and especially aggravated robbery. He received sentences of life imprisonment and twenty-four years to be served consecutively. This Court upheld his convictions and sentences on direct appeal. See State v. James Charles Cavaye, No. M2001-02154-CCA-R3-CD, 2002 WL 31769092 (Tenn. Crim. App., Nashville, Dec. 11, 2002). The Petitioner filed for and was denied post-conviction relief. The Petitioner now appeals the trial courtís denial of post-conviction relief, claiming his counsel provided ineffective assistance of counsel. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/cavayej040706.pdf


EDWARD COLEMAN v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Juni S. Ganguli, Memphis, Tennessee, for the appellant, Edward Coleman.

Paul G. Summers, Attorney General and Reporter, Jennifer L. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Lee Coffey, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Edward Coleman, was convicted of first degree premeditated murder, and he received a sentence of life imprisonment. Thereafter, he filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. The post-conviction court denied the petition, and the petitioner appeals. Upon our review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2006/colemane040706.pdf


STATE OF TENNESSEE v. CHRIS ALLEN DODSON

Court: TCCA

Attorneys:

Philip A. Condra, District Public Defender, and Charles D. Curtis, II, Assistant Public Defender, for the appellant, Chris Allen Dodson.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; James Michael Taylor, District Attorney General; and Sherry D. Gouger, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The probation of the defendant, Chris Allen Dodson, was revoked based upon: 1) New law violations consisting of possession of drug paraphernalia, criminal attempt to manufacture methamphetamine, possession of Schedule II drugs, and possession of Schedule IV drugs; and 2) Failure to notify his probation officer of the new law violations. On appeal, the defendant contends that the trial court erred in considering evidence obtained as a result of an illegal search. Upon review, we conclude that the proof presented was the product of a valid consensual search and that the trial court did not abuse its discretion in revoking the defendant's probation.

http://www.tba2.org/tba_files/TCCA/2006/dodsonc040706.pdf


DONNIE W. FOULKS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Janie Lindamood, Johnson City, Tennessee, for the Appellant, Donnie W. Foulks.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; and James Goodwin, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Donnie W. Foulks, appeals the judgment of the Greene County Criminal Court denying post-conviction relief. On appeal, Foulks argues that he was denied his Sixth Amendment right to the effective assistance of counsel and that his sentencing violated the constitutional mandate of Blakely v. Washington. After review of the record, we affirm the denial of post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2006/foulksd040706.pdf


STATE OF TENNESSEE v. SOLOMON GALLOWAY

Court: TCCA

Attorneys:

Gerald S. Green (on appeal) and Coleman Garrett (at trial), Memphis, Tennessee, for the appellant, Solomon Galloway.

Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General; William L. Gibbons, District Attorney General; and Michelle Parks and Bobby Carter, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

A Shelby County Criminal Court jury convicted the appellant, Solomon Galloway, of two counts of aggravated robbery. The trial court merged the convictions and sentenced the appellant as a Range I, standard offender to eight years in the Department of Correction. In this appeal, the appellant claims that the trial court improperly enhanced his sentence in light of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), which resulted in his being improperly classified as a standard offender instead of an especially mitigated offender. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/galloways040706.pdf


STATE OF TENNESSEE v. RONNIE DALE GENTRY

Court: TCCA

Attorneys:

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; J. Scott McCluen, District Attorney General; and Frank A. Harvey, Assistant District Attorney General, for the appellant, State of Tennessee.

Joe H. Walker, District Public Defender, and Walter B. Johnson, II, Assistant Public Defender, for the appellee, Ronnie Dale Gentry.

Judge: TIPTON

The state appeals from the Loudon County Criminal Court's dismissal of the indictments against the defendant, Ronnie Dale Gentry, for driving under the influence (DUI), violation of the implied consent law, driving on a revoked license, and speeding pursuant to Rule 8(a) of the Tennessee Rules of Criminal Procedure requiring mandatory joinder. We reverse the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/gentryr040706.pdf


HILTON G. JEFFRIES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Paul Whetstone, Morristown, Tennessee, for the appellant, Hilton G. Jeffries.

Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; Arthur F. Bieber, Assistant District Attorney General; and Wade Bobo, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

Petitioner, Hilton G. Jeffries, filed a pro se pleading captioned as a "Motion to Amend or Correct Judgment" in Case No. 23873 in the Circuit Court of Montgomery County. The pleading was in reference to his conviction in 1987 of aggravated rape of a child less than thirteen years of age. He was sentenced to serve forty years. In his pleading, Petitioner alleges that his constitutional rights were violated when the trial court enhanced his sentence from the minimum sentence of twenty years to forty years. The trial court treated the pleading as a petition for post-conviction relief and summarily dismissed it. Petitioner has filed a timely appeal, and counsel was appointed by the trial court to represent Petitioner on appeal. The State has filed a motion for affirmance pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Having thoroughly reviewed the record, we grant the State's motion and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/jeffriesh040706.pdf


STATE OF TENNESSEE v. JESSICA HOPE LANE

Court: TCCA

Attorneys:

Keith A. Hopson, Kingsport, Tennessee, for the appellant, Jessica Hope Lane.

Paul G. Summers, Attorney General and Reporter; Leslie Price, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Teresa Murray Smith and William Harper, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Jessica Hope Lane, pled guilty to possession of cocaine with intent to sell, theft of property valued under $500.00, possession of drug paraphernalia, obtaining a controlled substance by fraud, and two counts of failure to appear. In return, the defendant received a five-year sentence to be served in a manner determined by the trial court plus two years on probation resulting in an effective seven-year sentence. The trial court ordered the defendant to serve her five-year sentence in confinement, and the defendant appealed. Following our review of the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/lanej040706.pdf


STATE OF TENNESSEE v. JAMES W. MINTLOW

Court: TCCA

Attorneys:

Ross E. Alderman, District Public Defender; and James P. McNamara (on appeal) and Gary C. Tamkin (at trial), Assistant Public Defenders, for the appellant, James W. Mintlow.

Paul G. Summers, Attorney General and Reporter; Jane L. Beebe, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; James Todd and Russell F. Thomas, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, James W. Mintlow, appeals from his conviction for sale of less than one-half gram of cocaine, a Class C felony. The trial court sentenced him to a ten-year sentence to be served as a Range III, persistent offender in the Department of Correction. The defendant asserts that the evidence was insufficient to support his conviction and that the trial court erred in denying his motion for a mistrial after a witness testified that he had previously testified at the defendant's probation hearing. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/mintlowj040706.pdf


STATE OF TENNESSEE V. ABBIGAIL MORTON

Court: TCCA

Attorneys:

Charles E. Waldman, Memphis, Tennessee, for the appellant, Abbigail Morton.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; Tracye N. Jones, Assistant District Attorney General; and Glen Baity, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

Following a jury trial, Defendant, Abbigail Morton, was convicted of one count of attempted premeditated first degree murder and one count of conspiracy to commit premeditated first degree murder. The trial court sentenced Defendant as a Range I, standard offender, to concurrent sentences of twenty years for each conviction. In her appeal, Defendant argues that (1) the testimony of the co-defendant, Robert Hunter, was insufficiently corroborated to support Defendantís convictions; (2) the evidence was insufficient to support her convictions; (3) the trial court erred in not instructing the jury on the lesser included offense of solicitation of first degree murder; and (4) the trial court erred in not sentencing Defendant as an especially mitigated offender. After a thorough review of the record, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/mortona040706.pdf


SYLVESTER LEE MOSLEY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Sylvester L. Mosley, Clifton, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; Dan Hamm, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The petitioner, Sylvester Lee Mosley, appeals the Davidson County Criminal Court's summary dismissal of his petition for post-conviction relief from his guilty pleas to facilitation of first degree murder, a Class B felony, and possession with intent to sell or deliver a Schedule II controlled substance and resulting effective sentence of eighteen years in the Department of Correction. He contends his petition stated a cognizable claim for relief under the Post-Conviction Procedure Act, thereby entitling him to counsel and an evidentiary hearing. We conclude that the petition states a cognizable claim for relief and that the trial court erred in summarily dismissing the petition. We reverse the trial court's order dismissing the petition and remand this case to the trial court for the appointment of counsel and an evidentiary hearing.

http://www.tba2.org/tba_files/TCCA/2006/mosleys040706.pdf


STATE OF TENNESSEE v. TONY ALLAN PHIPPS

Court: TCCA

Attorneys:

Larry R. Dillow, Kingsport, Tennessee, attorney for the appellant, Tony Allan Phipps.

Paul G. Summers, Attorney General and Reporter; Leslie Price, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; Barry P. Staubus, Assistant District Attorney General; Joseph Eugene Perrin, Assistant District Attorney General; and Brian Todd Martin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WOODALL

On May 31, 2002, following a jury trial, Defendant, Tony Allan Phipps, was convicted of voluntary manslaughter. Defendant was sentenced to serve eleven (11) years in the Department of Correction and ordered to pay a fine in the amount of five thousand ($5000.00) dollars. Defendant filed a motion for new trial which the trial court granted on October 14, 2002. On August 11, 2004, following another jury trial, Defendant was convicted of reckless homicide, ordered to pay a five thousand ($5000.00) dollar fine and sentenced to ten (10) years in the Department of Correction. Defendant appeals his conviction for reckless homicide. In his appeal, Defendant argues (1) the evidence in the record is insufficient to sustain a conviction for reckless homicide; (2) the evidence in the record does not support the jury verdict; (3) the jury verdict is contrary to law and evidence; and (4) the State did not prove beyond a reasonable doubt that Defendant did not act in self-defense as required by Tennessee Code Annotated section 39-11-611(b) (2003). The judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/phippst040706.pdf


PROKERYON PRIMM v. RICKY BELL, Warden and STATE OF TENNESSEE

Court: TCCA

Attorneys:

Prokeryon Primm, Nashville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; C. Daniel Lins, Assistant Attorney General; Victor S. Johnson, District Attorney General, and Roger Moore, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Petitioner, Prokeryon Primm, appeals from the order of the trial court dismissing his petition for habeas corpus relief. The State has 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. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2006/primmp040706.pdf


STATE OF TENNESSEE v. MARCUS E. ROBINSON

Court: TCCA

Attorneys:

Edward E. Dewerff, Clarksville, Tennessee, for the appellant, Marcus E. Robinson.

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; John Carney, District Attorney General; and Helen Young, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Marcus Robinson, pled guilty to two counts of especially aggravated robbery but subsequently filed a motion to withdraw his pleas, which was denied by the trial court. At a separate plea hearing, the Defendant pled guilty to two counts of attempted first degree murder. Following a sentencing hearing, the Defendant's two especially aggravated robbery convictions were merged, and he was sentenced to twenty-four years and six months for the especially aggravated robbery conviction. He received a fifteen-year sentence for each attempted murder conviction. In addition, the Defendant was found to have violated the terms of a nine-year community corrections sentence and that sentence was ordered to be served in confinement. The two fifteen-year sentences were ordered to be served concurrently with each other, but consecutively to the twenty-four years and six- month sentence. These sentences were also ordered to be served consecutively to the nine-year sentence, for an effective sentence of forty-eight and one-half years in the Department of Correction. On appeal, the Defendant raises three issues; that the trial court erred in: (1) denying his motion to withdraw his guilty pleas for especially aggravated robbery, (2) imposing consecutive sentences, and (3) imposing an excessive sentence for his especially aggravated robbery conviction. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/robinsonm040706.pdf


STATE OF TENNESSEE v. TONY SAMUEL

Court: TCCA

Attorneys:

Kari I. Weber, Covington, Tennessee, for the appellant, Tony Samuel.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General; Elizabeth Rice, District Attorney General; and Tracey Brewer-Walker, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Tony Samuel, was convicted by a Lauderdale County jury of burglary and Class E felony theft. He received an effective seven-year sentence for these convictions. In this appeal as of right, the Defendant argues that: (1) the evidence is insufficient to support his convictions and (2) his sentences are excessive. After a review of the record, the judgments of conviction and resulting sentences are affirmed.

http://www.tba2.org/tba_files/TCCA/2006/samuelt040706.pdf


STATE OF TENNESSEE v. CLARENCE DAVID SCHREANE, ALIAS ISSAC CLARENCE EDMOND, ALIAS ISAAC EDMOUND, ALIAS DAVID L. SCHREANE

Court: TCCA

Attorneys:

Owen Stuart Brown, Chattanooga, Tennessee, for the appellant, Clarence David Schreane, alias Issac Clarence Edmond, alias Isaac Edmound, alias David L. Schreane.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; William H. Cox, III, District Attorney General; Boyd M. Patterson, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

A Hamilton County Criminal Court jury convicted the defendant, Clarence David Schreane, of first degree felony murder and especially aggravated robbery, a Class A felony, and the trial court sentenced him to life imprisonment for the murder and sixty years for the robbery, ordering the defendant to serve his sixty-year sentence as a career offender consecutively for an effective sentence of life plus sixty years. The defendant appeals, claiming the trial court erred in failing to suppress his confession. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/schreanec040706.pdf


STATE OF TENNESSEE v. MICHAEL KENNETH SISCO

Court: TCCA

Attorneys:

Lisa Zavogiannis, McMinnville, Tennessee, for the appellant, Michael Kenneth Sisco.

Paul G. Summers, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Clement Dale Potter, District Attorney General; and Larry G. Bryant, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

A Warren County Circuit Court jury convicted the defendant, Michael Kenneth Sisco, of driving under the influence (DUI), second offense, a Class A misdemeanor, and the trial court sentenced him to eleven months and twenty-nine days with sixty days to serve in confinement and the balance on probation. On appeal, the defendant contends that the evidence is insufficient, that the trial court erred in allowing the testimony of a rebuttal witness, and that the trial court erred in sentencing. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/siscom040706.pdf


ARTHUR W. STAMEY, III v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Robin Ruben Flores, (at trial) Chattanooga, Tennessee, and Arthur Stamey, III, (on appeal) Pikeville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Jerry N. Estes, District Attorney General; and Kristie Luffman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The petitioner, Arthur W. Stamey, III appeals the post-conviction courtís denial of post-conviction relief. On appeal, he alleges that he entered an unknowing and involuntary guilty plea, received the ineffective assistance of counsel, and received an illegal sentence. Following our review of the record and the partiesí briefs, we affirm the judgment of the post-conviction court denying post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2006/stameya040706.pdf


STATE OF TENNESSEE v. CURTIS LEE THAMES

Court: TCCA

Attorneys:

Amber D. Haas, Sevierville, Tennessee, for the appellant, Curtis Lee Thames.

Paul G. Summers, Attorney General and Reporter; Leslie Price, Assistant Attorney General; Al Schmutzer, District Attorney General; and Steven R. Hawkins, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Curtis Lee Thames, pled guilty to aggravated robbery, a Class B felony, in return for an eight-year sentence served in a manner to be determined by the trial court. The trial court ordered the defendant to serve his sentence in confinement, and the defendant appealed. Following our review of the record and the partiesí briefs, we affirm the trial court.

http://www.tba2.org/tba_files/TCCA/2006/thamesc040706.pdf


PATRICK THURMOND v. HOWARD CARLTON, WARDEN

Court: TCCA

Attorneys:

Patrick Thurmond, Mountain City, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; and Joe C. Crumley, Jr., District Attorney General, for the appellee, Howard Carlton, Warden.

Judge: TIPTON

The petitioner, Patrick Thurmond, appeals pro se from the Johnson County Criminal Courtís dismissal of his petition for habeas corpus relief from his convictions for one count of aggravated burglary, two counts of aggravated rape, one count of attempted aggravated rape, and one count of aggravated sexual battery and effective sentence of fifty years. The petitioner claims (1) that his sentences for attempted aggravated rape and aggravated sexual battery are illegal because the offenses are not subject to the multiple rapist classification under Tennessee Code Annotated section 39-13-523, (2) that his judgments of conviction are void on the two counts of aggravated rape and attempted aggravated rape because his classification as a multiple rapist is an enhanced punishment that was not charged in the indictment as required by Tennessee Code Annotated section 40-35203(e), and (3) that the trial court violated Tennessee Code Annotated section 29-21-108(b) in failing to grant a writ. We conclude that the sentences for attempted aggravated rape and aggravated sexual battery are illegal. We affirm the trial courtís judgment in part, reverse the judgment in part, and remand the case.

http://www.tba2.org/tba_files/TCCA/2006/thurmondp040706.pdf


TODAY'S NEWS

Election filings
Legal News
BPR Actions
Passages

Election filings
'Seismic shift' in General Assembly may be coming
With a number of powerful legislative figures opting not to seek reelection, a seismic shift of policy and culture on Tennessee's Capitol Hill may be in the works, the Tennessean reports.
Read the report
9th district draws crowded field
Two members of the Ford family are among the 22 candidates filing to fill the 9th U.S. congressional seat in Memphis. The Commercial Appeal provides a roundup.
Read the report
The reentry into the political arena of former state senator Bob Rochelle is bringing the income tax issue back into the public eye.
Read the City Paper report
The big races in Davidson County will again be in the primaries, the City Paper reports.
Read the full story
Here's a roundup of Shelby County judicial filings.
See the filings
Veteran state Rep. Russell Johnson, R-Loudon, did not file papers to run to keep his office representing Monroe County and the 21st House District.
Read the Monroe County Advocate's report
Judge Lee E. Haworth announced that he will seek re-election to the 12th Judicial Circuit Court. The circuit includes Sarasota, Manatee and DeSoto counties, the Sun Herald reports.

3rd Judicial District Circuit Court Judge John K. Wilson of Tusculum says he will not seek the Republican nomination for the 1st Congressional District seat, but will instead continue his unopposed race for re-election to a fifth term.
Read the Greenville Sun's report
Legal News
HealthSouth CEO to speak at Vanderbilt Law
Jay Grinney, president and CEO of HealthSouth, will speak at Vanderbilt Law School on April 14 about the progress the Birmingham-based health care company has made in restoring its credibility and profitability in the wake of the massive financial scandal uncovered there three years ago. The event is open to the public.
Find out more
BPR Actions
Knoxville lawyer censured
Knoxville lawyer M. Josiah Hoover was publicly censured by the Board of Professional Responsibility for violating RPC 8.4(d) of the attorneys rules of professional conduct as codified in Rule 8, Rules of the Supreme Court of Tennessee.
Read the BPR release
Chattanooga lawyer censured
Chattanooga lawyer Walter Edwin Grantham II was publicly censured by the Board of Professional Responsibility on March 30 for violating Rules of Professional Conduct 1.1, 1.3, 1.4, and 3.2
Read the BPR release
Attorney reinstated following administrative suspension
The Tennessee law license of Jennifer Ann Harris of Atlanta, Ga. was reinstated on March 31. To view a list of all attorneys suspended and reinstated for failing to pay annual registration fees
Read the BPR release
Passages
Former Shelby prosecutor among tornado victims
Former Shelby County assistant district attorney Sid Bruce was one of the victims of the tornados that tore through West Tennessee last week. Bruce, 69, was a prosecutor from 1982 to 1999, before retiring to Dyer County, the Commercial Appeal reports.


 
 
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