The Tennessee Supreme Court will hear oral arguments in Nashville at the end of this week in several criminal cases and one civil case, including one from Hamilton County. Oral arguments will begin at 9:30 a.m. for the three morning cases and, after a break, will resume at 1 p.m.for the remaining two cases.
The cases the Court will hear:
State v. Hamilton and State v. Stephens
The first two cases of the day will be consolidated into one oral argument regarding pretrial diversion. Pretrial diversion allows a defendant who meets certain requirements to enter into an agreement with the State to suspend prosecution for up to two years. In both cases, the local district attorneys denied the defendants’ requests for pre-trial diversion and the trial courts upheld the decisions. The defendants in both cases appealed, arguing that pre-trial diversion should have been granted. The Court of Criminal Appeals reversed the decisions of the trial courts in both cases and remanded them back with instructions to grant the defendants pretrial diversion. The Supreme Court will consider the appropriate standard of review of a prosecutor’s decision to deny pretrial diversion. State v. Hamilton is a case involving an assault by a teacher’s assistant against a student in Knox County and State v. Stephens is a statutory rape case from Coffee County.
State v. Gibson
Stanley Gibson of Nashville was convicted of facilitation of possession of cocaine with intent to deliver within 1000 feet of a drug-free school zone. Certain convictions in drug-free school zones require the defendant to serve the entire sentence. Mr. Gibson argues that the trial court incorrectly decided that the defendant’s conviction for facilitation required him to serve 100% of his sentence because the crime of facilitation is less serious than the underlying charge of possession of cocaine with intent to deliver. The Court of Criminal Appeals affirmed the trial court’s decision. The Supreme Court will consider whether a conviction for facilitation of possession with intent to deliver warrants the application of the sentence enhancements under the Drug Free School Zone Act.
State v. Glen Howard
Glen Howard was found guilty in Hamilton County of four counts of rape of a child and two counts of aggravated sexual battery. One of the aggravated sexual battery convictions resulted from the defendant being found guilty of a lesser-included offense of rape of a child. Lesser-included offenses are crimes that contain some elements of a more serious crime, but not always all elements, and convictions usually will be subject to lighter penalties. Mr. Howard appealed to the Court of Criminal Appeals, which found he could not be convicted of aggravated sexual battery as a lesser-included offense of rape of a child. The Supreme Court will consider whether aggravated sexual battery is a lesser-included offense of rape of a child.
MLG Enterprises, LLC v. Johnson
The final oral argument of the day is a civil case concerning a lease agreement. MLG Enterprises leased property in Williamson County to Mobile Master Manufacturing. The lease was signed for Mobile Master Manufacturing by Richard L. Johnson, CEO, President/Owner and, on another line, by Richard L. Johnson with the words “for Mobile Master Mfg. LLC” handwritten after his signature. MLG Enterprises sued Mobile Master Manufacturing and Johnson for back rent. Mr. Johnson claimed he was not personally liable for the rent and only signed in a representative capacity. The question to be decided is whether Mr. Johnson is personally liable for the back rent based on the terms of the lease and the way Mr. Johnson signed the lease. The trial court and Court of Appeals said that including the word “for” and the company’s name after his signature indicates that Mr. Johnson is not liable in a personal capacity for the rent owed. One judge on the Court of Appeals disagreed, writing that the language of the lease and how it was executed convey a clear intention to obligate Mr. Johnson.
This is the first time newly-appointed and confirmed Justice Roger A. Page will hear oral arguments as a member of the Supreme Court. The cases will be heard in the courtroom at the Nashville Supreme Court Building, 401 7th Ave N., Nashville.