Memphis celebrates 100 years of Juvenile Court

The Shelby County Juvenile Court kicks off its 100th anniversary celebration today with a screening of a documentary about the court's century of service. Watch the 30-minute show tonight at 7:30 p.m. on WKNO. The court was founded in 1910 and is believed to be the third juvenile court established in the country after Chicago (1899) and Denver (1905). Since its founding, the court has only had four judges presiding -- Camille Kelly, Elizabeth McCain, Kenneth Turner, and present-day judge Curtis Person -- who have overseen such changes as children being jailed with adults, desegregation and dealing with more violent offenders. An all-day CLE is set for Friday, and Saturday public events include the 5K "Right Road Run," courthouse tours and a Victorian Village homecoming picnic. See the schedule.

The Memphis Flyer has more

TODAY'S OPINIONS
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STATE OF TENNESSEE v. JOHN PATRICK HENRETTA

Court: TSC

Attorneys:

Charles G. Currier, Knoxville, Tennessee (on appeal and at trial); Steven B. Ward, Madisonville, Tennessee (on appeal); and Charles Corn, Cleveland, Tennessee, District Public Defender (at trial), for the appellant, John Patrick Henretta.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Mark E. Davidson and James E. Gaylord, Senior Counsel; Jerry Estes, District Attorney General; and Sandra Donaghy, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: LEE

This capital case involves the 1988 rape, murder, robbery, and kidnapping of a thrift store employee in Cleveland, Tennessee. A Bradley County jury convicted the defendant of premeditated murder, felony murder, two counts of robbery with a deadly weapon, two counts of aggravated rape, and two counts of aggravated kidnapping. The trial court merged the premeditated murder and felony murder convictions into a single conviction for which the jury imposed a sentence of death after hearing proof of aggravating and mitigating circumstances. The trial court merged the remaining convictions into a single conviction for each offense and imposed concurrent sentences of forty-five years for robbery with a deadly weapon, fifty years for aggravated kidnapping, and fifty years for aggravated rape, all concurrent with the sentence of death. The Court of Criminal Appeals affirmed the defendant's convictions and sentences. On automatic appeal pursuant to Tennessee Code Annotated section 39-13-206(a)(1), we have considered all issues raised by the defendant, including the following issues, which we designated for oral argument: (1) whether the trial court erred in having insufficient regard for the heightened standard of due process in capital cases by failing to grant a mistrial, by allowing prosecutorial argument on future dangerousness while not instructing the jury on the effect of their failure to agree or ensuring that the jury knew the defendant would never leave prison alive, and by not sua sponte instructing the jury on the defense of voluntary intoxication; (2) whether the defendant is entitled to relief for pre-indictment delay in filing the notice of intent to seek the death penalty and/or for the trial court's refusal to dismiss the indictment with prejudice because the State violated the anti-shuttling provisions of the Interstate Agreement on Detainers; (3) whether the search of the defendant at the federal penitentiary in Leavenworth, Kansas was defective such that its fruits should have been suppressed; and (4) whether the sentence of death is disproportionate under the review mandated by Tennessee Code Annotated section 39-13-206(c)(1) (2006). We conclude that none of the issues presented entitle the defendant to relief and, therefore, we affirm the judgment of the Court of Criminal Appeals.

http://www.tba2.org/tba_files/TSC/2010/henrettaj_093010.pdf


SHANNON WRIGHT CLEMENT v. MARK CLEMENT

Court: TCA

Attorneys:

John D. Drake, Murfreesboro, Tennessee, for the appellant, Mark Clement.

Sonya W. Henderson, Murfreesboro, Tennessee, for the appellee, Shannon Wright Clement.

Judge: COTTRELL

The divorcing parents of two minor children entered into a parenting plan that named the mother as the primary residential parent of the children, but divided parenting time equally between the parties. Less than a year after their divorce became final, the mother moved from Murfreesboro to Franklin, and the parents filed competing petitions to modify the parenting plan. The trial court conducted two hearings and ultimately adopted a new parenting plan which provided that the mother would remain the primary residential parent and that the father would exercise only standard visitation. The father appealed. We affirm the trial court.

http://www.tba2.org/tba_files/TCA/2010/clements_093010.pdf


FRED H. GILLHAM, SR. v. SCEPTER, INC.

Court: TCA

Attorneys:

John P. Williams, Nashville, Tennessee, for the appellant, Fred H. Gillham, Sr.

Joseph Addison Woodruff, Christopher S. Dunn, Nashville, Tennessee, for the appellee, Scepter, Inc.

Judge: COTTRELL

The owner of a parcel which has public road access via an easement appeals the trial court's decision regarding its width. The trial court found that the easement narrows from 60 feet to 30 feet along its course. The deed unambiguously states the easement is 60 feet in width. Reference in the deed to another narrower easement relied on by the trial court has no effect on the access easement width being described. Accordingly, we reverse.

http://www.tba2.org/tba_files/TCA/2010/gillhamf_093010.pdf


RHONDA L. (HALL) GREER v. JOHN BRADLEY GREER

Court: TCA

Attorneys:

John Bradley Greer, Jackson, Tennessee, for the Defendant/Appellant, John Bradley Greer

Rhonda L. (Hall) Greer, Jackson, Tennessee, for the Plaintiff/Appellee, Rhonda L. (Hall) Greer

Judge: KIRBY

This is a divorce appeal involving parenting issues. The parties are the parents of three minor children. Prior to trial, the parties went through mediation and arrived at an agreement on many of their issues. The trial court then conducted a trial, taking testimony from the parties on a range of issues, including some that were the subject of the mediated agreement. The divorce decree and the parenting plan entered by the trial court adopted some of the parenting provisions in the mediated agreement, but not others. The father filed a motion to alter or amend this final decree, and a subsequent motion to enforce the parenting plan. The trial court modified the parenting plan in part and issued a final order. The father now appeals. We affirm, holding that the trial court did not abuse its discretion with respect to the number of parenting days allocated to the parties or the decision-making authority on the children's medical decisions.

http://www.tba2.org/tba_files/TCA/2010/greerr_093010.pdf


MARY F. LAWSON v. BRAD LAWSON

Court: TCA

Attorneys:

David J. Waynick, Thomas B. Luck, Nashville, Tennessee, for the appellant, Mary Lawson.

Erica L. Tisinger, Raymond Lackey, Franklin, Tennessee, for the appellee, Travelers Personal Security Insurance Company.

Judge: COTTRELL

Uninsured motorist carrier voluntarily tendered the limits of its liability coverage into the probate proceeding administering the decedent's estate and not in the wrongful death tort action. The trial court dismissed the carrier from this wrongful death tort action since it had tendered its limits of liability. We find the dismissal was in error since any voluntary tender of insurance proceeds for wrongful death should be made into the wrongful death tort case, and tendering the limits elsewhere is not grounds for dismissal.

http://www.tba2.org/tba_files/TCA/2010/lawsonm_093010.pdf


RITA GAYLE LEWIS v. MATTHEW WAYNE RADER

Court: TCA

Attorneys:

Deborah A. Yeomans, Johnston City, Tennessee, for the appellant, Rita Gayle Lewis.




Judge: FRANKS

Petitioner filed for an Order of Protection which was ultimately dismissed because petitioner was unable to appear on the date the hearing was set. The Legal Aid Society filed an appeal and raised the issue of taxing costs to petitioner. We reverse the Order taxing costs to petitioner, and remand.

http://www.tba2.org/tba_files/TCA/2010/lewisr_093010.pdf


ANTHONY MURRAY v. CHARLOTTE MURRAY

Court: TCA

Attorneys:

John D. Kitch, Nashville, Tennessee; Charlene Robin Vance Kent, Watertown, Tennessee, for the appellant, Charlotte Murray.

Andrea Hagan, Susan M. Merry, Lebanon, Tennessee, for the appellee, Anthony Murray.

Judge: COTTRELL

The trial court transferred primary residential placement of an eight year old girl from her mother to her father, finding that the mother's post-divorce conduct, including evidence of drug use and sexual indiscretions, amounted to a material change of circumstances, and that it was in the child's best interest for the father to become her primary residential parent. Because the evidence does not preponderate against the trial court's findings, we affirm.

http://www.tba2.org/tba_files/TCA/2010/murraya_093010.pdf


WILLIAM J. REINHART v. GEICO INSURANCE

Court: TCA

Attorneys:

William J. Reinhart, Shelbyville, Tennessee, appellant pro se.

Jeffrey D. Ridner, Manchester, Tennessee, for the appellee, Geico Insurance.

Judge: COTTRELL

The plaintiff owned a 1988 Porsche that was damaged by a collision with a deer. His insurer offered him $6,000 under his policy, after determining that the cost of repair was greater than the cash value of the car. The plaintiff, acting pro se, sued the insurer, and attempted to prove at trial that the auto was worth more than the insurer offered. After the plaintiff rested his case, the insurer moved for a directed verdict because the plaintiff had not introduced the insurance policy into evidence. The trial court granted the motion. The plaintiff argues on appeal that he did not intend to rest his case and that in any event the trial court should have allowed him to reopen his proof so he could introduce the insurance policy. Because there is neither a transcript of the proceedings nor a Rule 24 Statement of the Evidence in the appellate record, we must affirm the trial court.

http://www.tba2.org/tba_files/TCA/2010/reinhartw_093010.pdf


STATE OF TENNESSEE v. RICKY N. BERRY

Court: TCCA

Attorneys:

Russell Mattocks, Assistant Public Defender, for the appellant, Ricky N. Berry.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Kevin Keeton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Defendant, Ricky N. Berry, was convicted after a jury trial in the Hamblen County Criminal Court of driving under the influence (DUI), third offense, a Class A misdemeanor. The trial court sentenced the Defendant to eleven months, twenty-nine days and ordered that the Defendant serve fifty-five percent of his sentence, 200 days, in confinement. On appeal, the Defendant contends that the evidence was insufficient to support his conviction and that his sentence was excessive. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/berryr_093010.pdf


STATE OF TENNESSEE v. CHARLES EDWARD BROWN, III

Court: TCCA

Attorneys:

Kyonztè L. N. Hughes, LaVergne, Tennessee, for the appellant(s), Charles Edward Brown, III.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; William H. Cox, III, District Attorney General; and Steven E. Smith, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Defendant, Charles Edward Brown, appeals the Hamilton County Criminal Court's order revoking his probation for domestic aggravated assault, a Class C felony, and ordering the remainder of his eight-year sentence into execution. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/brownc_093010.pdf


STATE OF TENNESSEE v. ROBERT COOPER

Court: TCCA

Attorneys:

William D. Massey and Lorna S. McClusky, Memphis, Tennessee, for the appellant, Robert Cooper.

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Chris Scruggs, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Robert Cooper, pled guilty to one count of possession of more than 300 grams of cocaine with the intent to sell and one count of possession of more than 300 grams of cocaine with the intent to deliver. The trial court imposed a total effective sentence of eighteen years in the Tennessee Department of Correction. As a condition of his pleas, the appellant reserved the following certified question of law: Whether the stop of the [appellant] for a minor "cite and release" traffic violation which provided for a fine only, the detention of the [appellant], the placement of the [appellant] in the secured area of the officer's patrol car, the use of a drug dog "run" around the [appellant's] vehicle, and the subsequent search of the [appellant's] vehicle violated the rights of the [appellant] under the federal and state constitutions and, therefore, all evidence resulting from the seizure and search should be suppressed.

http://www.tba2.org/tba_files/TCCA/2010/cooperr_093010.pdf


TERRANCE FORREST v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Joseph T. Howell, Jackson, Tennessee, for the appellant, Terrance Forrest.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Jerry Woodall, District Attorney General; and Jody S. Pickens and Al Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Terrance Forrest, appeals the denial of his petition for post-conviction relief wherein he challenged his 2008 guilty-pleaded convictions of three counts of aggravated robbery, three counts of aggravated kidnapping, and aggravated burglary. In this appeal, he contends that he was denied the effective assistance of counsel and that his guilty pleas were not knowingly, voluntarily, and intelligently entered. Because the petitioner has failed to establish his claims by clear and convincing evidence, we affirm.

http://www.tba2.org/tba_files/TCCA/2010/forrestt_093010.pdf


STATE OF TENNESSEE v. CARLOS JONES

Court: TCCA

Attorneys:

Claiborne H. Ferguson, Memphis, Tennessee, for the defendant-appellant, Carlos Jones.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Amy P. Weirich, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

Defendant-Appellant, Carlos Jones, was convicted by a Shelby County Criminal Court jury of voluntary manslaughter and especially aggravated robbery. The trial court sentenced Jones to consecutive sentences of seven years at thirty-five percent for the voluntary manslaughter conviction and thirty-three years at one hundred percent for the especially aggravated robbery conviction, for an effective sentence of forty years in the Tennessee Department of Correction. On appeal, Jones argues that the trial court erred in allowing a witness to testify about out-of-court statements made by a non-testifying co-defendant in violation of Bruton v. United States, 391 U.S. 123, 88 S. Ct. 1620 (1968). Upon review, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/jonesc_093010.pdf


STATE OF TENNESSEE v. JAMES M. RODERICK

Court: TCCA

Attorneys:

Charles G. Wright, Chattanooga, Tennessee, for the appellant, James M. Roderick.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General; R. Steven Bebb, District Attorney General; and Stephen Hatchett, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

A Bradley County Criminal Court jury convicted the defendant, James M. Roderick, of rape, a Class B felony, and the trial court imposed a sentence of 10 years' incarceration to be served at 100 percent as a violent offender. On appeal, the defendant contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/roderickj_093010.pdf


RAYMOND ROSS v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Mike Mosier, Jackson, Tennessee, for the appellant, Raymond Ross.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Jerry Woodall, District Attorney General; and Angela Scott, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Raymond Ross, appeals the denial of his petition for post-conviction relief wherein he challenged his 2008 Henderson County Circuit Court convictions of reckless endangerment, aggravated assault, carjacking, and theft of property valued at more than $1,000 but less than $10,000. In this appeal, he claims that the trial court erred by imposing consecutive sentences based "on factors considered by the trial court which were not found by a jury." Because the interests of justice do not excuse the untimely filing of the notice of appeal in this case, the appeal is dismissed.

http://www.tba2.org/tba_files/TCCA/2010/rossr_0930.pdf


MONTEA WILSON (A.K.A. MARCUS FLOYD) v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Lance Chism, Memphis, Tennessee, for the Petitioner-Appellant, Montea Wilson.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General; William L. Gibbons, District Attorney General; and Betsy Carnesale, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: MCMULLEN

The petitioner, Montea Wilson, appeals from the Criminal Court of Shelby County's denial in part of his petition for post-conviction relief and simultaneous order of a delayed appeal. After a hearing, the post-conviction court determined that appellate counsel was ineffective in failing to "protect[] the petitioner's right to litigate the trial court's failure to properly instruct the jury on [second degree murder as a lesser included offense of felony murder] by raising that point in the motion for new trial" and granted a delayed appeal. The post-conviction court further determined that trial counsel were effective in their representation of petitioner and, at the time of the petitioner's trial, had no obligation to request second degree murder as a lesser included offense to felony murder. In this appeal, the Petitioner argues that the post-conviction court erred by not setting aside his conviction for felony murder and granting a new trial because (1) trial counsel was ineffective for failing to request an instruction on second degree murder and for failing to allege in the motion for new trial that the trial court erred by not instructing the jury on second degree murder as a lesser included offense; and (2) appellate counsel was ineffective for failing to argue on direct appeal that the trial court's failure to instruct the jury on second degree murder as a lesser included offense constituted plain error. For the reasons set forth within this opinion, we reverse the post-conviction court's determination that trial counsel provided effective assistance of counsel, vacate the petitioner's conviction, and remand for a new trial. In regard to the petitioner's delayed appeal, our decision pertaining to trial counsel's performance renders it moot.

http://www.tba2.org/tba_files/TCCA/2010/wilsonm_093010.pdf


STATE OF TENNESSEE v. CURTIS WIX

Court: TCCA

Attorneys:

Steve McEwen, Mountain City, Tennessee (on appeal); and Patrick W. Denton, Assistant Public Defender (at trial), for the appellant, Curtis Wix.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and William Harper, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, Curtis Wix, appeals the trial court's revocation of his probation and reinstatement of his original sentence, arguing that a sentence of split confinement followed by a return to supervised probation or community corrections would have been more appropriate under the circumstances of his case. Following our review, we affirm the order of the trial court revoking the defendant's probation and reinstating his original sentence.

http://www.tba2.org/tba_files/TCCA/2010/wixc_093010.pdf


TODAY'S NEWS

Legal News
Upcoming
Disciplinary Actions
TBA Member Services
TennBarU CLE

Legal News
Killian confirmed as U.S. attorney
The United States Senate voted and unanimously confirmed William Charles Killian as U.S. attorney for the Eastern District of Tennessee. Killian was nominated by President Obama on May 20. He will assume his duties immediately, taking over the office from Acting U.S. Attorney Gregg L. Sullivan.
News Channel 9 tells you more
Family Purpose Doctrine under review
The Tennessee Supreme Court has granted review in three new cases. The big news is that the Family Purpose Doctrine may not survive much longer given that the court has granted review and specifically requested that the parties' brief the issue, according to Nashville lawyers David Raybin and Sarah Perky.
Check the Raybin and Perky Tennessee Supreme Court Hot List
Memphis lawyer Scott explains his calling
Memphis lawyer W. Rowlett Scott discusses his 49-year law career with the Memphis Daily News. The son of a grocer, Scott graduated from Yale University with a degree in chemical engineering. "I had no earthly idea how I would get employed after I got out of college," Scott said. "At the time I entered college, I heard that engineers were being employed so that's the reason I got into that." But his transition to Yale Law School had more purpose behind it. "I realized that ... my interest was more in people -- their hopes, their desires, their problems and their solutions -- so that's why I went into law," he said. "And I had some sense of the need for fairness and justice."
Read the profile
Upcoming
TBA House to meet in Nashville
The Tennessee Bar Association's House of Delegates will be meeting at 10 a.m. tomorrow at the Tennessee Bar Center in Nashville. The House meets quarterly to review policy proposals and make recommendations to the TBA Board of Governors.

Death penalty 'dialogue' to feature diverse participants
A program sponsored by the First Amendment Center and Vanderbilt University School of Law, "A Dialogue on the Death Penalty: Shaping Policy," will feature a range of speakers on both sides of the issue. The event is Oct. 22, 3 to 5 p.m. at the First Amendment Center Auditorium in Nashville. Professor Christopher Slobogin, director of VULS's Criminal Justice program, will "play the role of a governor who is considering the adoption of the death penalty in his state. He will seek guidance from distinguished panelists who are acting as his cabinet of advisers." Scheduled to be on hand are Hon. A.A. Birch Jr.; Davidson County Assistant D.A. Kathy Morante; Richard Dieter of the Death Penalty Information Center; Dr. Richard Land of the Southern Baptist Convention's Ethics and Religious Liberty Commission; as well as an expert on mental health, a former prison warden, a family member of a murder victim and a Pulitzer-Prize winning reporter. The event is free but seating is limited. Respond to gcampbell@freedomforum.org.
Download the invitation
Disciplinary Actions
Chattanooga lawyer suspended on top of disbarment
On Sept. 24, Chattanooga lawyer Robert P. Rayburn was suspended by the Tennessee Supreme Court for one year pursuant to Rule 9, Section 4.2, of the Rules of the Supreme Court. He failed to properly administer and close an estate and was subsequently held in contempt of court due to his inability to provide the documentation necessary. Rayburn was previously disbarred by order of the Supreme Court on Dec. 1, 2009.
Download the BPR release
TBA Member Services
Read the October 'Journal'
You won't know just how dead the Dead Man's Statute IS until you have read Harold Pinkley's article in the new issue of the Tennessee Bar Journal. Perry Craft and Michael Sheppard outline the U.S. Supreme Court's last term cases that may affect your Tennessee law practice. Regular columns by Sam Elliott, John Day, Edward Phillips, Don Paine and Bill Haltom will educate and amuse (Haltom's column, anyway) you. Look for it in your mailbox or
read the October issue online
Avis benefits 'try harder'
TBA members are offered a rental car discount through Avis. Enroll in the Avis Preferred Service at www.avisawards.com to bypass the rental counter and go directly to your car for a faster, easier rental experience. Enter code AWD# A570100.

TennBarU CLE
Learn the basics of Health Care Law
If you are new to health law or are someone who represents health care clients on legal matters and need an overview of the major areas of law regulating health care clients, the 10th Annual TBA Health Law Primer is for you. Held Oct. 6 in Cool Springs, the Health Law Primer will provide a general health law overview, and have experienced health care leaders discussing hot topics facing the "players" in the health care industry -- including physicians, hospitals, insurers and the government.
Find out more or register now

 
 
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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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