Investiture ceremony for Ed Stanton set for Friday

The Investiture Ceremony of Edward L. Stanton III, as United States attorney for the Western District of Tennessee will be Friday, Dec. 17, at 2 p.m. in the City Hall Council Chambers (125 North Main St). A reception will follow the ceremony in the Hall of Mayors.
TODAY'S OPINIONS
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STATE OF TENNESSEE v. TERRY PHELPS

Court: TSC

Attorneys:

Thomas F. Bloom (on appeal), Nashville, Tennessee, and Emeterio "Terry" Hernando (at trial court), Lewisburg, Tennessee, for the appellant, Terry Phelps.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Rachel West Harmon, Asst. Attorney General; Charles Crawford, District Attorney General; Michael D. Randles, Asst. District Attorney General, for the appellee, State of Tennessee.

Judge: CLARK

The defendant, a convicted violent sexual offender, was released on parole in 2006. He registered pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of 2004 ("the Registration Act"), listing a primary address in Bedford County and a secondary address in Rutherford County. He was subsequently arrested in Lincoln County and charged with violating the Registration Act. Defendant tendered an "open" guilty plea but moved to withdraw his plea prior to being sentenced. After a hearing, the trial court ruled that the defendant had "merely had a change of heart" and denied the motion. The trial court later sentenced the defendant as a Range II offender to three years in the Department of Correction. The defendant appealed the trial court's decision on his motion to withdraw plea and his sentence. The Court of Criminal Appeals affirmed. We hold that the trial court committed reversible error in failing to apply the correct analysis in determining whether the defendant had established a "fair and just reason" for withdrawing his guilty plea. We further hold that Defendant established sufficient grounds for the withdrawal of his guilty plea. The judgments of the trial court and the Court of Criminal Appeals are reversed, the defendant's motion to withdraw his guilty plea is granted, and this matter is remanded to the trial court for further proceedings consistent with this opinion.

http://www.tba2.org/tba_files/TSC/2010/phelpst_121610.pdf


STATE OF TENNESSEE v. JIMMY CURTIS ADKINS

Court: TCCA

Attorneys:

Ardena J. Garth, District Public Defender; and Richard Kenneth Mabee, Assistant District Public Defender, for the appellant, Jimmy Curtis Adkins.

Robert E. Cooper, Jr., Attorney General and Reporter; Matthew Bryant Haskell, Assistant Attorney General and Reporter; Bill Cox, District Attorney General; and James Woods, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Defendant, Jimmy Curtis Adkins, was found guilty by a Hamilton County Criminal Court jury of promoting the manufacture of methamphetamine, a class D felony, and initiating the manufacture of methamphetamine, a Class B felony. See T.C.A. sections 39-17-433,-435 (2010). He was sentenced as a Range II, multiple offender to six years' and fourteen years' confinement, respectively, to be served concurrently but consecutively to the Defendant's convictions in Georgia. On appeal, he contends that (1) the evidence was insufficient to support his convictions, (2) the trial court erred in denying his motion to suppress evidence, and (3) the trial court erred during sentencing by considering prior convictions that were not proven by certified copies of the convictions and by considering enhancement factors that were not submitted to the jury. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2010/adkinsj_121610.pdf


TODAY'S NEWS

Tenn. Supreme Court
Legal News
Tenn. Government
TBA Member Services

Tenn. Supreme Court
Habitat can keep buiding in North Nashville
The Tennessee Supreme Court has denied a last-chance appeal from a group called Concerned Neighbors of Nashville. Members complained that their part of north Nashville already has too many Habitat for Humanity homes and an even larger low-income development will drive down property values. Lower courts have sided with Habitat, although the group is lamenting the cost to defend itself in the multi-year lawsuit -- $120,000, enough to build two homes.
WPLN has the story
Legal News
Dannon to pay $21 million in Tennessee-led case
The Dannon Company has agreed to pay $21 million and ditch some of its health claims for Activia yogurt and DanActive dairy drink. The case, led by attorneys general in Tennessee and Oregon, represents the largest attorney general consumer protection multi-state settlement ever reached with a food producer. The two lead states -- Tennessee and Oregon -- will receive $1.06 million under the agreement, and the remainder of the money will be divided among the other nearly three dozen states involved.
The Tennessean has the story
Social media law embraced by Memphis lawyer
Memphis lawyer Charlie Hill is making a niche for his practice in the area of social media. "This whole area of what is and what isn't private in social media is evolving daily, so there are no hard and fast lines and you can't apply a traditional analysis of what's private conduct versus public conduct," Hill told the Memphis Daily News.
Read the profile
NSL student now also a citizen
A student at the Nashville School of Law, Cuban-born Marlen Santana Perez, officially became a U.S. citizen last week after years of worrying about being deported. "If a Cuban has a deportation order, it's because the case is botched," said Nashville immigration lawyer Linda Rose. "Red flags should go up. There is a policy in place to protect Cubans." Apparently, her case "botched," the process was harrowing and lasted many years. Her focus when she graduates, not surprisingly, will be immigration law.
Read her story in the Tennessean
6th Circuit says 'come back with a warrant' for emails
The government must obtain a court warrant to require internet service providers to turn over stored e-mail to the authorities, 6th U.S. Circuit Court of Appeals ruled Tuesday. It was the first time an appellate court said Americans had that Fourth Amendment protection.
Wired.com has details
Weirich says she will run for DA in 2012
On the day it was announced that Amy Weirich would be Shelby County's next district attorney general, she answered quickly when asked asked if she would run for the office in the 2012 elections. She immediately responded, "I will." Weirich takes the post Jan. 15, the day outgoing District Attorney General Bill Gibbons becomes commissioner of public safety and homeland security for the state of Tennessee.
The Daily News has more
Clerk's office closed Friday for move
The main Davidson County Clerk's Office at 523 Mainstream Drive in Metro Center will close Friday as the staff moves to permanent space in the Fulton Complex's Howard Office Building at 700 Second Ave. South. The new office, to be located on the first floor in the Howard structure, will open Monday and maintain business hours Monday-Friday, from 8 a.m. to 4:30 p.m.
The City Paper has more
Tenn. Government
O'Day is new Children's Services commissioner
Tennessee Governor-elect Bill Haslam today announced Kathryn "Kate" O'Day as Commissioner of the Tennessee Department of Children's Services.
The News Sentinel reports
TBA Member Services
First Tennessee is TBA's preferred provider
First Tennessee has crafted a package of discounts to meet the specific needs of Tennessee Bar Association members.
Find savings on merchant credit services, checking and savings, financial planning and more

 
 
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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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