Bar results available on TBA web site

The list of applicants who were successful on the July 2007 Tennessee Bar Examination are now available on TBA Link. See the list:

http://www.tba.org/barpass.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 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.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
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05 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
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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.

JERRY D. CARNEY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jerry D. Carney, Henning, Tennessee, Pro se.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bret Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Jerry D. Carney, after being convicted of first degree murder, filed a petition for a writ of error coram nobis, arguing that newly discovered evidence would have changed the result of his trial. The trial court dismissed the petition without an evidentiary hearing. On appeal, the petitioner challenges the summary dismissal of his petition. Upon our review of the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/carneyj_101907.pdf


STATE OF TENNESSEE v. JAMES WILLIAM GANN, JR.

Court: TCCA

Attorneys:

B. Campbell Smoot, District Public Defender, and Margaret C. Lamb, Assistant District Public Defender, for the appellant, James William Gann, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; C. Michael Layne, District Attorney General; and Kenneth J. Shelton, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, James William Gann, Jr., was convicted of first degree premeditated murder, arson, and setting fire to personal property. See T.C.A. sections 39-13-202(a)(1), -14-301(a)(1), -14-303(a) (1997). He received a sentence of life with the possibility of parole for the premeditated murder conviction. The trial court imposed a sentence of six years for the arson conviction and two years for the setting fire to personal property conviction to be served consecutively to each other and to the murder conviction for an effective sentence of life plus eight years. In this appeal, the defendant asserts (1) that the evidence is insufficient to support his convictions, (2) that the trial court erred in the admission of certain evidence, (3) that the State engaged in prosecutorial misconduct, and (4) that his sentence is excessive. Upon our review of the record, there is no reversible error and the judgments of the trial court are affirmed.

http://www.tba2.org/tba_files/TCCA/2007/gannj_101907.pdf


STATE OF TENNESSEE v. JIM GILMORE

Court: TCCA

Attorneys:

Robert T. Carter, Tullahoma, Tennessee, for the appellant, Jim Gilmore.

Robert E. Cooper, Jr., Attorney General and Reporter; Alice B. Lustre, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steve Strain, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Jim Gilmore, entered a plea of guilty to a single count of aggravated assault, and the trial court imposed a sentence of six years' incarceration. In this appeal, the defendant asserts that the trial court erred by denying an alternative sentence. The judgment of the trial court is affirmed.

http://www.tba2.org/tba_files/TCCA/2007/gilmorej_101907.pdf


DWIGHT DEWON GORDON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Richard D. Dumas, Jr., Nashville, Tennessee, attorney for appellant, Dwight Dewon Gordon.

Robert E. Cooper, Jr., Attorney General & Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Jeff Burks, Assistant District Attorney General, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The petitioner, Dwight Dewon Gordon, appeals as of right the Davidson County Criminal Court's denial of his petition for post-conviction relief. On appeal, he asserts that the post-conviction court erred in concluding that his guilty plea to second degree murder was entered into knowingly and voluntarily and not as the result of the ineffective assistance of counsel. Following our review, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2007/gordond_101907.pdf


STATE OF TENNESSEE v. ELTON E. SMITHEY

Court: TCCA

Attorneys:

Gerald L. Melton, District Public Defender, and Russell N. (Rusty) Perkins, Assistant District Public Defender, for the appellant, Elton E. Smithey.

Robert E. Cooper, Jr., Attorney General & Reporter; Lacy Wilber, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Laural A. Nutt, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The defendant, Elton E. Smithey, pleaded guilty to two counts of attempted aggravated sexual battery in exchange for an effective six-year sentence to be served as one year of confinement followed by probation. Two years later, the trial court revoked the defendant's probation. The defendant appeals the revocation, and we affirm.

http://www.tba2.org/tba_files/TCCA/2007/smitheye_101907.pdf


TODAY'S NEWS

Legal News
Passages
Upcoming
TennBarU CLE
TBA Member Services

Legal News
AG nominee hedges on waterboarding
Attorney General-nominee Michael Mukasey refused to say whether he considers waterboarding a form of torture, frustrating Democrats and potentially slowing his confirmation to head the Justice Department.
WSMV.com has more
John Ford trial delayed until March
Former state senator John Ford's Nashville trial on federal wire fraud and concealment charges, stemming from his work for TennCare contractors, was postponed to March 4 during a short hearing today.
The Commercial Appeal has the story
Knox commission drops collection efforts
The Knox County Election Commission will end its efforts to recover about $4,000 in legal fees from Herbert S. Moncier related to one of his term-limit lawsuits. Legal fees related to term-limit lawsuits have already cost the commission more than $200,000. The Knoxville News Sentinel quotes Chairwoman Pam Reeves asking, "Is it in the best interest to continue? Or is it time to say, 'Enough is enough?' We've already spent $10,000 (trying to recover money from Moncier). I just don't want someone to say six months from now, 'Why are you spending $50,000 to collect $4,000?'"
Read more from the News Sentinel
Executions fall following court decision
The U.S. Supreme Court's decision to review the constitutionality of lethal injection procedures has slowed the annual number of executions to the lowest level in a decade.
Read more at WMCTV.com
In college at age 10, a lawyer at 18?
Forget the champagne. When Kathleen Holtz gets the results of the California state bar exam -- she expects to pass -- she'll have to settle for something milder to celebrate. At 18, she's too young to drink legally. But if she passes, her age will make her the youngest licensed lawyer in the U.S.
Read more in the Los Angeles Times
Passages
Services Sunday for Chattanooga attorney
Chattanooga attorney B. Stewart Jenkins, 68, passed away Thursday, after a brief stay in the hospital. Described as "just a country lawyer from Shinbone Valley, Ala.," Jenkins practiced law in Chattanooga for 43 years after graduating from the University of Alabama School of Law. Jenkins' family will receive visitors at the funeral home from 6 to 8 p.m. Saturday and from 1 to 3 p.m. Sunday. There will be a private, family graveside service Sunday.
See the Chattanooga Times Free Press for more information
Upcoming
Knoxville Bar to hold memorial service
The Knoxville Bar Association will hold its annual memorial service on Nov. 16. The service, which will be led by Hon. Gary R. Wade and will be opened and closed by Rev. Charles W.B. Fels, will be held from 4 to 6 p.m. in the Tennessee Supreme Court Courtroom, 505 Main Street, 2nd Floor.

Students to participate in court education project
Students from 5th Judicial District high schools will hear arguments in three state Supreme Court cases on Oct. 25, as part of the court's SCALES Project -- a program that educates young people about the judicial branch of government. Following oral arguments, the students will join court members and local attorneys for lunch and a discussion about the proceedings.
Learn more on the court's web site
TennBarU CLE
Free seminar will help improve online research skills
The Tennessee Bar Association and Fastcase are offering an online webinar Oct. 23 to help you boost your online legal research skills. It is and accredited for one-hour of E&P CLE credit. The webinar will give you an overview of how Fastcase works and how you can use it more effectively in your practice. All TBA members have free access to Fastcase and can use it to research court opinions from all 50 states, the U.S. Supreme Court and all Federal Courts of Appeal, as well as statutes, regulations, constitutions, and court rules from all 50 states and from federal sources. The course begins at noon central/1 p.m. eastern.
Register for the Oct. 23 seminar
Access Fastcase with your TBA password
TBA Member Services
TBA, Bank of America team up for no-fee credit card
The TBA Rewards American Express Card from Bank of America places a new world of rewards, privileges and service at your command -- with no annual fee.
Click here to learn more

 
 
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