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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.

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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.

JOANNE RUTH BEARB v. MICHAEL EDWIN BEARB

Court: TCA

Attorneys:

Harold F. Johnson, Jackson, Tennessee, for the appellant, Michael Edwin Bearb.

Mary Jo Middlebrooks, Jackson, Tennessee, for the appellee, Joanne Ruth Bearb.

Judge: FARMER

This appeal arises from a divorce case. The trial court awarded Wife a divorce based on adultery and awarded her alimony in futuro the amount of $5000 per month for ten years and $2500 per month thereafter. The trial court additionally awarded Wife alimony in solido in the amount of $100,000, and awarded Wife her attorney's fees. Husband appeals. We affirm the award of divorce to Wife and the alimony awards, but reverse the award of attorney's fees.

http://www.tba2.org/tba_files/TCA/2008/bearbj_022808.pdf


LILLIAN A. CARPENTER, ET AL. v. MICHAEL E. SIMS, ET AL.

Court: TCA

Attorneys:

Charles G. Taylor III, Knoxville, Tennessee, for the appellants, Lillian A. Carpenter, Sarah P. Carpenter, Charles C. Carpenter, and Alma Bain Davis.

Harry D. Sabine, Crossville, Tennessee, for the appellees, Michael E. Sims and Linda S. Sims.

Judge: LEE

Beneficiaries under a will sought to rescind the sale of a condominium in which they asserted an inheritance interest upon allegations that 1) the consideration paid by the purchasers was so inadequate as to shock the conscience; 2) the purchasers exerted undue influence over the seller; and 3) the seller was mentally incompetent at the time of the sale. Upon findings that the seller was mentally competent at the time of sale, that the purchasers did not exert undue influence over her, and that she had reason to sell the condominium for the amount she did, the trial court ruled that the sale of the condominium should not be set aside. Upon our determination that the evidence does not preponderate against the trial court's conclusions, we affirm.

http://www.tba2.org/tba_files/TCA/2008/carpenterl_022808.pdf


CENTRAL SALES AND SERVICES, INC., EDWARD J. KEHRER and RALPH A. DEAVER, v. MARK A. BERG

Court: TCA

Attorneys:

Thomas R. Meeks, Clarksville, Tennessee, for appellant.

Alan D. Johnson, Nashville, Tennessee, for appellees.

Judge: FRANKS

Plaintiff corporation and stockholders sued defendant to enforce a Stock Redemption and Shareholder Agreement signed by defendant, when he refused to comply with the terms of the Agreement after he was terminated from the company. The Trial Court granted plaintiff partial summary judgment, finding that the Agreement was enforceable, and defendant has appealed. We affirm the partial summary judgment of the Trial Court and remand, with instructions.

http://www.tba2.org/tba_files/TCA/2008/centralsales_022808.pdf


WILLIAM S. MATHIAS v. PAMELA SUE MATHIAS

Court: TCA

Attorneys:

Michael E. Richardson and Cara Alday, Chattanooga, Tennessee, for appellant.

Glenna M. Ramer, Chattanooga, Tennessee, for appellee.

Judge: FRANKS

In this divorce action the Trial Court granted the parties a divorce, awarded the wife attorney's fees and expenses and periodic alimony. The Trial Judge also divided the extensive marital estate between the parties. The husband has appealed and raised issues as to the award of alimony, attorney's fees and the division of the marital estate. We affirm the Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2008/mathiasw_022808.pdf


MARC A. SCHWARTZ v. JAMES NEELY, COMMISSIONER OF LABOR & WORKFORCE DEVELOPMENT OF THE STATE OF TENNESSEE, ET AL.

Court: TCA

Attorneys:

Dan Norwood and Jerry H. Schwartz, Memphis, Tennessee, for the appellant, Marc A. Schwartz.

Robert E. Cooper, Jr., Attorney General and Reporter, and Lauren S. Lamberth, Assistant Attorney General, for the appellee, James Neely, Commissioner of Labor & Workforce Development of the State of Tennessee.

Colby S. Morgan, Jr., Memphis, Tennessee, for the appellee, Federal Express Corporation.

Judge: FARMER

This appeal arises from the denial of Plaintiff's claim for unemployment benefits by the Tennessee Department of Labor and Workforce Development. We affirm.

http://www.tba2.org/tba_files/TCA/2008/schwartzm_022808.pdf


MICHAEL BRANDON ADAMS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Manuel B. Russ, Nashville, Tennessee; and Charles R. Bobbitt, Jr., Hendersonville, Tennessee, for the appellant, Michael Brandon Adams.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Smith, Assistant Attorney General; and Sallie Wade Brown, Assistant District Attorney General; for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Michael Brandon Adams, pleaded guilty to aggravated child abuse and was sentenced to eighteen years in the Department of Correction. On post-conviction appeal, the petitioner argues that he received ineffective assistance of counsel because lead counsel failed to adequately investigate and interview witnesses, failed to petition the court for funds for an independent medical evaluation of the victim's injuries, failed to have the petitioner evaluated for competency, and failed to ask for a change of venue. Additionally, the petitioner claims that his guilty plea was not knowing and voluntary as a result of lead counsel's ineffective assistance. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/adamsm_022808.pdf


STATE OF TENNESSEE v. CHERYL BASS

Court: TCCA

Attorneys:

David L. Raybin (on appeal), Nashville, Tennessee, and Eric L. Davis (at trial), Franklin, Tennessee, for the appellant, Cheryl Bass.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Kim R. Helper and Mark K. White, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Cheryl Bass, was convicted by a jury of criminal simulation with a value of less than $1,000, theft of property greater than $1,000 but less than $10,000, tampering with the evidence, and forgery. The defendant was sentenced to one year for criminal simulation, a Class E felony; three years for theft, a Class D felony; four years for tampering with evidence, a Class C felony; and one year for forgery, a Class E felony. At her sentencing hearing the trial court ordered the defendant's sentences to run concurrently and imposed a total effective sentence of four years. On appeal, the defendant argues that there was insufficient evidence to sustain her convictions, the trial court improperly sentenced her to four years confinement, the court improperly assessed fines against her, and the trial court failed to grant a new trial in light of newly discovered evidence. In addition, the defendant argues that the jury received improper instructions and that violations of her Fourth Amendment right against search and seizure warrant suppression of the evidence against her. Upon review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/bassc_022808.pdf


CRAIG L. BEENE v. STATE OF TENNESSEE (STEVEN DOTSON, WARDEN)

Court: TCCA

Attorneys:

Craig L. Beene, pro se.

Robert E. Cooper, Jr., Attorney General & Reporter; Michael Moore, Solicitor General; Sophia S. Lee, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The Petitioner, Craig L. Beene, appeals the lower court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court's dismissal.

http://www.tba2.org/tba_files/TCCA/2008/beenec_022808.pdf


STATE OF TENNESSEE V. JERRIE BRYANT

Court: TCCA

Attorneys:

J. Al Johnson (on appeal), Spencer, Tennessee, and Jerry Brandon (at trial), Murfreesboro, Tennessee, for the Appellant, Jerrie Bryant.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Benjamin A. Ball, Assistant Attorney General; Lisa Zavagiannis, District Attorney General; Dale Potter and Larry Bryant, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

A Van Buren County jury convicted the Defendant, Jerrie Bryant, of one count of second degree murder and one count of abuse of a corpse. The trial court sentenced her to twenty-two years in prison. The Defendants appeals, contending: (1) the evidence is insufficient to sustain either of her convictions; (2) the trial court erred when it failed to charge the jury on facilitation; and (3) the trial court erred when sentencing her. After a thorough review, we affirm the Defendant's convictions, but we vacate her sentences, and we remand the case for proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TCCA/2008/bryantj_022808.pdf


KENNETH CARRUTHERS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Paula Ogle Blair, Nashville, Tennessee, for the appellant, Kenneth Carruthers.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Jeff Burks, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Petitioner, Kenneth Carruthers, appeals from the Davidson County Criminal Court's order dismissing his petition for post-conviction relief. He argues that the dismissal was erroneous because, prior to pleading guilty to one count of second degree murder, he did not receive the effective assistance of counsel guaranteed him by the United States and Tennessee constitutions, and therefore, his plea was entered involuntarily. Following our review of the record and the parties' briefs, we conclude that the Petitioner has not demonstrated that trial counsel was constitutionally ineffective or that his plea was involuntary. Consequently, we affirm the post-conviction court's order of dismissal.

http://www.tba2.org/tba_files/TCCA/2008/carruthersk_022808.pdf


STATE OF TENNESSEE v. GARY M. CARTER

Court: TCCA

Attorneys:

J. Hilton Conger, Smithville, Tennessee, for the Appellant, Gary M. Carter.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; William E. Gibson, District Attorney General; and William E. Locke, Assistant District Attorney General, for the Appellee, the State of Tennessee.

Judge: WOODALL

Defendant, Gary M. Carter, pled guilty to statutory rape, a Class E felony, with the length and manner of service of his sentence to be determined following a sentencing hearing. Defendant received a sentence of two years to be served in split confinement with nine months incarceration followed by four years probation. Defendant argues, on appeal, (1) that the trial court erred in denying full probation and (2) that the trial court abused its discretion in denying judicial diversion and not articulating the reasons on the record. After a thorough review of the record, we affirm the denial of judicial diversion and reverse the imposition of the sentence of nine months incarceration and remand to the trial court for an entry of an amended judgment imposing 7.2 months incarceration followed by four years probation.

http://www.tba2.org/tba_files/TCCA/2008/carterg_022808.pdf


STATE OF TENNESSEE v. JOSHUA D. GRIFFITH

Court: TCCA

Attorneys:

Joshua D. Griffith, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; John W. Carney, District Attorney General; and Steve Garrett, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Joshua D. Griffith, pleaded guilty to and was convicted of facilitation of aggravated robbery. In accordance with his plea agreement, he was sentenced as a Range II, multiple offender to serve eight years in the Department of Correction. In this direct appeal, the Defendant appears to argue that he received the ineffective assistance of counsel in that his sentence was improper. Following our review of the record and applicable law, we dismiss the Defendant's appeal.

http://www.tba2.org/tba_files/TCCA/2008/griffithj_022808.pdf


NATHANIEL HENDERSON v. GLEN TURNER, WARDEN

Court: TCCA

Attorneys:

Robert C. Brooks, for the appellant, Nathaniel Henderson.

Robert E. Cooper, Jr., Attorney General & Reporter; Michael Moore, Solicitor General; Sophia S. Lee, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: HAYES

The Petitioner, Nathaniel Henderson, appeals the lower court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court's dismissal.

http://www.tba2.org/tba_files/TCCA/2008/hendersonn_022808.pdf


STATE OF TENNESSEE v. DORIS NELL JONES

Court: TCCA

Attorneys:

Claudia S. Jack, District Public Defender; Shipp R. Weems, Assistant District Public Defender, for the appellant, Doris Nell Jones.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; T. Michel Bottoms, District Attorney General; James G. White, II, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: THOMAS

A Lawrence County jury convicted the defendant, Doris Nell Jones, of one count of second degree murder. The trial court sentenced the defendant to eighteen years in the Department of Correction. On appeal, the defendant argues that the trial court erred by allowing certain out of court statements into evidence, and that the state engaged in prosecutorial misconduct based on certain statements made during closing argument. Because the notice of appeal was not timely filed and the record does not support a waiver of the timeliness of the notice, we conclude that we are without jurisdiction to consider the defendant's appeal. Accordingly, the appeal is dismissed.

http://www.tba2.org/tba_files/TCCA/2008/jonesd_022808.pdf


WILLIAM MILLER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Bud Sharp, McMinnville, Tennessee, for the appellant, William Miller.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; and Lisa Zavogiannis, District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, William Miller, pleaded guilty to sale of more than .5 grams of cocaine, a Class B felony, and two counts of sale of less than .5 grams of cocaine, Class C felonies, in exchange for an effective sentence of 12 years. On post-conviction appeal, the petitioner argues that his guilty plea was unlawfully induced and entered without an understanding of the consequences, that the prosecution failed to disclose favorable evidence, and that his trial counsel was ineffective by failing to investigate alibis and inform him of opportunities to appeal motions. Discerning no error, we affirm the denial of post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2008/millerw_022808.pdf


JUSTIN MILLS v. CHERRY LINDAMOOD, Warden

Court: TCCA

Attorneys:

Justin Mills, Clifton, Tennessee, Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; and Rachel E. Willis, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: WELLES

The Petitioner, Justin Mills, appeals the Wayne County Circuit Court's summary dismissal of his petition for habeas corpus relief. The Petitioner was indicted for first degree felony murder and aggravated assault, and he ultimately pled guilty to second degree murder. The Petitioner argues that the felony murder charge was fatally defective and, thus, deprived the trial court of jurisdiction to enter judgment against him. Specifically, he argues that the indictment (1) did not charge that he committed the killing "unlawfully," and (2) did not set forth the elements of the underlying felony (aggravated burglary) or reference the underlying felony statutes. The habeas corpus court dismissed the petition, finding that the Petitioner had failed to state a cognizable claim for habeas corpus relief. We agree and affirm the order summarily dismissing the petition.

http://www.tba2.org/tba_files/TCCA/2008/millsj_022808.pdf


BOYD W. MOLLOY v. RICKY BELL, WARDEN

Court: TCCA

Attorneys:

Boyd W. Molloy, Pro Se, Nashville, Tennessee.

Robert E. Cooper, Jr., Attorney General & Reporter; Cameron L. Hyder, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Dan Hamm, Assistant District Attorney General, Nashville, Tennessee, attorneys for appellee, State of Tennessee.

Judge: THOMAS

The pro se petitioner, Boyd W. Molloy, appeals as of right the Davidson County Criminal Court's summary dismissal of his petition for a writ of habeas corpus. The petitioner alleges that he is entitled to habeas corpus relief because his sentence was imposed in violation of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531 (2004). Following our review, we affirm the judgment of the habeas corpus court.

http://www.tba2.org/tba_files/TCCA/2008/molloyb_022808.pdf


STATE OF TENNESSEE v. MICHAEL V. MORRIS

Court: TCCA

Attorneys:

Trudy L. Bloodworth, Franklin, Tennessee, for the appellant, Michael V. Morris.

Robert E. Cooper, Jr., Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Russell Thomas and T. J. Warner, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Michael V. Morris, was convicted of one count of aggravated robbery, a Class B felony. He was sentenced as a career offender to thirty years in confinement at sixty percent. On appeal, the defendant argues that the evidence was insufficient to sustain a conviction for aggravated robbery, and the statements he made to police while in custody were involuntary and should have been suppressed. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/morrism_022808.pdf


HUGH ANDREW NICELY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Dent Morriss, Assistant District Attorney General, for the appellant, State of Tennessee.

Robert R. Kurtz (on appeal) and Kenneth Irvine (at hearing), Knoxville, Tennessee, for the appellee, Hugh Andrew Nicely.

Judge: GLENN

The State appeals the Robertson County Circuit Court's granting the petition for post-conviction relief from the convictions for rape of a child, aggravated rape, and aggravated sexual battery and effective fifty-three-year sentence. On appeal, the State argues that the post-conviction court erred in finding that the petitioner received ineffective assistance of counsel at trial. Following our review, we conclude that the post-conviction court erred in granting the petition for post-conviction relief and reverse the judgment of the court. The petitioner is to be returned to the custody of the Tennessee Department of Correction.

http://www.tba2.org/tba_files/TCCA/2008/nicelyh_022808.pdf


STATE OF TENNESSEE v. JESSE CARL PAGE, SR.

Court: TCCA

Attorneys:

Robert S. Peters, Winchester, Tennessee, for the appellant, Jesse Carl Page, Sr.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Lisa Zavogiannis, District Attorney General; and Mark E. Tribble, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Jesse Carl Page, Sr., pled guilty to driving under the influence (DUI), T.C.A. section 55- 10-401(a), a Class A misdemeanor, and received a sentence of eleven months and twenty-nine days, suspended after forty-eight hours in confinement. He reserved on appeal a certified question regarding the legality of the vehicle stop that led to his arrest. We agree with the trial court that the stop was legal, and we affirm the judgment.

http://www.tba2.org/tba_files/TCCA/2008/pagej_022808.pdf


RUDOLPH POWERS v. STATE OF TENNESSEE (TONY PARKER, WARDEN)

Court: TCCA

Attorneys:

Rudolph Powers, pro se.

Robert E. Cooper, Jr., Attorney General & Reporter; Michael Moore, Solicitor General; Rachel E. Willis, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: HAYES

The Petitioner, Rudolph Powers, appeals the lower court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to comply with the procedural prerequisites for seeking habeas corpus relief. Accordingly, we affirm the trial court's dismissal.

http://www.tba2.org/tba_files/TCCA/2008/powersr_022808.pdf


BILLY R. SHELLY v. GLEN TURNER, WARDEN

Court: TCCA

Attorneys:

Billy R. Shelly, pro se.

Robert E. Cooper, Jr., Attorney General & Reporter; Michael Moore, Solicitor General; Preston Shipp, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The Petitioner, Billy R. Shelly, appeals the lower court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court's dismissal.

http://www.tba2.org/tba_files/TCCA/2008/shelleyb_022808.pdf


STATE OF TENNESSEE v. JASHUA SHANNON SIDES, ALIAS JOSHUA SHANNON SIDES

Court: TCCA

Attorneys:

Ardena J. Garth, District Public Defender, and Donna Robinson Miller, Assistant Public Defender, for the appellant, Jashua Shannon Sides, alias Joshua Shannon Sides.

Robert E. Cooper, Jr., Attorney General and Reporter; Preston Shipp, Assistant Attorney General; William H. Cox, III, District Attorney General; and James A. Woods, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

The defendant, Jashua Shannon Sides, alias Joshua Shannon Sides, was convicted of vehicular homicide by reckless conduct (Class C felony); leaving the scene of an accident involving death (Class E felony); reckless endangerment (Class E felony); and driving under the influence (Class A misdemeanor). The defendant received an effective sentence of ten years, eleven months and twenty-nine days. On appeal, the defendant raises four issues: (1) The trial court erred in failing to instruct the jury on lesser included offenses of felony reckless endangerment and knowingly leaving the scene of an accident involving death. (2) The trial court erred in denying counsel's motion to withdraw after the defendant had filed a complaint against counsel with the Board of Professional Responsibility. (3) The trial court erred in allowing the State's expert to testify to his opinion based on hearsay and facts not in evidence. (4) The trial court erred in sentencing. After review, we have found no reversible error and affirm all convictions and sentences.

http://www.tba2.org/tba_files/TCCA/2008/sidesj_022808.pdf


STATE OF TENNESSEE v. TOMMY DeWAYNE SMITH

Court: TCCA

Attorneys:

Michael W. Edwards and Russell E. Edwards, Hendersonville, Tennessee, for the Appellant, Tommy DeWayne Smith.

Robert E. Cooper, Jr., Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; L. Ray Whitley, District Attorney General; Sallie Wade Brown, Assistant District Attorney General; and Bryna Landers Grant, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WOODALL

Defendant, Tommy DeWayne Smith, was charged with the crimes of statutory rape, criminal exposure to HIV, and sexual exploitation of a minor. The State denied Defendant's request for pretrial diversion. The trial court, after conducting a hearing and reviewing the record available to the district attorney general, denied Defendant's writ of certiorari. Defendant was granted an interlocutory appeal pursuant to Rule 10 of Tennessee Rules of Appellate Procedure. After a thorough review of the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/smitht_022808.pdf


STATE OF TENNESSEE v. OLIVIA F. SWAIN

Court: TCCA

Attorneys:

Jocelyn D. Mims, Hendersonville, Tennessee, for the appellant, Olivia F. Swain

Robert E. Cooper, Jr., Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Thomas Dean, Assistant District Attorney, for the appellee, State of Tennessee.

Judge: SMITH

After pleading guilty to a violation of probation in Sumner County, Appellant, Olivia F. Swain, was ordered by the trial court to serve the remainder of her six-year effective sentence in incarceration. Appellant contends that the trial court's ruling was in error. Because the trial court did not abuse its discretion in revoking Appellant's probation and ordering her to serve her sentence in incarceration, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/swaino_022808.pdf


CHRISTOPHER L. WILLIAMS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Theodora A. Pappas, Nashville, Tennessee, for the appellant, Christopher L. Williams.

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

Judge: TIPTON

The petitioner, Christopher L. Williams, appeals from the Davidson County Criminal Court's summary dismissal of his petition for post-conviction relief. He claims that the trial court erred in dismissing his petition as untimely, contending that it was filed within one year of the issuance of the mandate following the direct appeal, that due process requires tolling of the statute, and that the trial court erred in holding that a delayed Rule 11 appeal was not available. We disagree, and we affirm the trial court's dismissal.

http://www.tba2.org/tba_files/TCCA/2008/williamsc_022808.pdf


TODAY'S NEWS

Legal News
Legislative News
Disciplinary Actions
TBA Member Services

Legal News
Task force finding boundaries to unified family court
The Shelby County task force studying the idea of a unified family court is finding it's not just Third Street that separates the civil and criminal courts. Testifying before the group last week, General Sessions Criminal Court Judge Ann Pugh said the concept puts too much responsibility on any one judge. The panel also is discovering that other locales don't channel family law issues to one court. A report on the issue is expected at the end of March.
Read about issues at stake in the Memphis Daily News
Ford told to report to prison in 60 days
U.S. District Court Judge J. Daniel Breen this morning ordered John Ford to report to a federal prison in Texas within 60 days. Ford was convicted in April of accepting bribes while a legislator as part of the Tennessee Waltz sting. Ford argued for a delay in imprisonment so he could care for his children while their mother is in jail. Breen, who has twice delayed the reporting date, called the situation unfortunate but emphasized there would be no more extensions.
The Commercial Appeal has more
State has 11 days to file arguments in House case
U.S. District Judge Harry "Sandy" Mattice listened to arguments today that Paul Gregory House is a flight risk and should not be freed until the state retries him. In December, Mattice threatened to vacate House's conviction and death sentence if the state did not retry the case within 180 days. The state, which does plan to retry House and again seek the death penalty, has appealed. House's attorneys say he should be released pending that appeal. Mattice today gave prosecutors until March 10 to file additional arguments against a release.
The News Sentinel recaps the case
Knox county audit: $50,000 in questionable expenses
The Knox County auditor today released a draft audit of a government-purchasing card used by Mayor Mike Ragsdale and six members of his staff. The initial report found nearly $50,000 in inadequately documented expenses, allegations of fabricated receipts, payment of sales tax (though the county is tax exempt) and gas purchases for private cars. The release came on the heels of a request by WBIR-TV, Channel 10, to see the report and on the county law director's advice that the Open Records Act provided no exemptions to protect the information.
Read more in the News Sentinel
Station interviews He family in China
WMC-TV Memphis has interviewed Anna Mae He and her biological father about their new life in China. The 10-year-old girl, who was the subject of a bitter custody battle, now lives in Changsha. Her father, Jack He, works as an Associate Professor of Law and Justice at the Hunan Vocational College of Science and Technology.
The station has this report
Legislative News
Bill to elect lt. governor, secretary of state advances
The Tennessee Senate State and Local Government Committee on Tuesday approved a proposal to popularly elect the state's lieutenant governor and secretary of state. Democrats tried to strip the secretary of state from the measure but the effort failed on a party line vote. The measure now heads to the full Senate. The bill would have to pass both chambers this year, and then again by a two-thirds vote in the next two-year General Assembly before it could go to voters in 2010. The Memphis Daily News reported the committee action.

Disciplinary Actions
Georgia lawyer reinstated
Don Michael Roman of Stone Mountain, Ga., has been reinstated to the practice of law in Tennessee after paying delinquent BPR fees and penalties. He was suspended in 2005.
View all attorneys suspended for fee violations that year
TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at (800) 368-2734
or get an online rate quote

 
 
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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.

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