Follow this and additional works at:
|
|
- Cornelius Stokes
- 5 years ago
- Views:
Transcription
1 University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law TENNESSEE DEPARTMENT OF SAFETY DOS Case. No. H6872, vs. $42, in U.S. CURRENCY, SEIZED FROM: EDDIE STEPHENS, SEIZURE DATE: APRIL 22, 2007, CLAIMANT: EDDIE STEPHENS, LIENHOLDER: N/A Follow this and additional works at: This Initial Order by the Administrative Judges of the Administrative Procedures Division, Tennessee Department of State, is a public document made available by the College of Law Library, and the Tennessee Department of State, Administrative Procedures Division. For more information about this public document, please contact administrative.procedures@tn.gov
2 BEFORE THE COMMISSIONER OF THE TENNESSEE DEPARTMENT OF SAFETY IN THE MATTER OF: ) ) TENNESSEE DEPARTMENT ) OF SAFETY, ) Docket No J ) DOS Case. No. H6872 v. ) ) $42, in U.S. CURRENCY ) SEIZED FROM: EDDIE STEPHENS ) SEIZURE DATE: APRIL 22, 2007 ) CLAIMANT: EDDIE STEPHENS ) LIENHOLDER: N/A ) INITIAL ORDER This matter came to be heard on December 8, 2009, before Margaret R. Robertson, Administrative Judge, assigned by the Secretary of State, and sitting for the Commissioner of the Tennessee Department of Safety in Nashville, Tennessee. Ms. Cynthia Gross, attorney for the Metropolitan Nashville Department of Law, represented the Department of Safety or the State. Claimant Eddie R. Stephens was present, and was represented by his attorney, Paul J. Walwyn of the Nashville Bar. The subject of this hearing was the proposed forfeiture of the above referenced currency seized for its alleged use in violation of the Tennessee Drug Control Act, T.C.A , et seq. and T.C.A , et. seq, and T.C.A
3 This matter became ready for consideration on February 3, 2009, after Claimant s attorney notified opposing counsel and the judge that he had decided not to file proposed findings of fact. After a review of the record and the arguments of the parties at hearing, it is determined that the seized $42, in U.S. Currency should be forfeited to the seizing agency. FINDINGS OF FACT 1. Officer Melody Saxon stopped driver Eddie Stephens, Claimant in this proceeding, on September 8, 2008 for driving with expired tags. When she checked his driver record, she learned that his license had been revoked. She then asked him to step out of the car and began a search of his person with his consent. She found one blue Ecstasy pill in his pocket, which was subsequently field-tested with a methamphetamine test kit. Also in his pockets she found a total of $6, in currency. Officer Saxon called other officers to the scene because she did not have a methamphetamine test kit with her. 2. In the vehicle, which she also received consent to search, she detected an odor of marijuana. Under the driver s seat she found a glass mason jar that smelled of marijuana. In the floor of the back seat, she found a plastic bag with marijuana scent. From the floor of the car, she collected a total of not more than ½ gram of marijuana seeds, stems and shavings. 3. After the Claimant had been arrested and placed in a patrol car, officers searched, with his permission, the trunk of the vehicle, where they found a bag which normally contains charcoal briquettes. In place of the briquettes,
4 officers found thirty to forty rolls of currency, each one bound tightly with rubber bands and some marked by a slip of white paper with letters, like codes or nicknames, and numbers on it. In Officer Saxon s knowledge and experience, this method of packaging currency is typical of how money received for drugs is bundled and accounted for. The currency, when unbound and counted, amounted to $42, Officer Deslauriers, one of the officers who responded to the request for a methamphetamine test kit, testified that the charcoal bag and the plastic bag inside it containing the bundles of currency also had an odor of marijuana. When questioned about the manner of bundling the money, Officer Deslauriers testified that not only was the currency packaged in a form he associated with drug sales, but that his drug suppression unit also packaged money they intended for use with a drug buy in a similar fashion. 5. When asked at the stop about the money found on his person, Mr. Stephens claimed the money as his own. Regarding the currency found in the trunk of the car, he denied knowledge or ownership of it to the officers. When the currency was found in the trunk, Officer Jane McCormick mirandized the Claimant with regard to that currency. She recalls that he disclaimed knowledge or ownership of the money found in the trunk. He also denied knowledge of the sum of the currency the bag contained. 6. Mr. Stephens informed the officers that he was unemployed. He said he had come from Chicago, and would not give a residence address in
5 Nashville. Officer McCormick described him as uncooperative in interviews. At the hearing, when asked if he knew the bag of currency was in the vehicle, Mr. Stephens said he just drove the car. I knew some was but not the amount. He said that the money on his person was his own money. He denied that the money in the trunk was drug money but also denied knowing anything about where it came from or where it was to go. At the hearing, he said that the money (from the trunk) was in his possession. He had it at the time (of the stop and seizure). But he also agreed that he had told officers he knew nothing about the money. He denied that he made more than one statement claiming that the money did not belong to him, but he offered no testimony that anything he said was inconsistent with the conclusion to be drawn from the officers testimony that he disclaimed knowledge or possession of the currency found in the trunk. 7. The officers contacted the titled owner of the vehicle, who came to the station to talk to them. She acknowledged lending the vehicle to her friend, Mr. Stephens, but denied any knowledge of the charcoal bag or its contents. Only Mr. Stephens filed a claim for the currency from the trunk. 8. The currency that was found on Mr. Stephens person was not confiscated, because he was found with only a misdemeanor amount of drugs. Therefore, the officers concluded, a seizure of the vehicle or the currency found on him would not likely be upheld without some other evidence of drug activity.
6 CONCLUSIONS OF LAW 1. The State has the burden of proving by a preponderance of the evidence that the seized property is of a nature making its possession illegal, or that it was used in a manner making it subject to forfeiture, and failure to carry the burden of proof is a bar to any forfeiture. T.C.A (d). 2. Tennessee Code Annotated, Section (a)(6)(A), authorizes the forfeiture of [e]verything of value furnished, or intended to be furnished in exchange for controlled substance[,].... all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used, or intended to be used to facilitate any violation of the Tennessee Drug Control Act. 3. The State is not required to trace money or proceeds to specific drug sales, so long as there is some proven nexus to connect the seized property with sales activity. Circumstantial evidence can be used to make this connection. Lettner v. Plummer, 559 S.W.2d. 785 (Tenn. 1977); Goldsmith v. Roberts, 622 S.W.2d. 438 (Tenn. App. 1981). 4. It is well settled that the presence of cash associated with an individual, without further explanation, is not sufficient to prove that the currency was received in consideration for a controlled substance. See Goldsmith v. Roberts, 622 S.W. 2d 438, 440 (Tenn. App. 1981), or more recently, Fullenwider v. Lawson, 1992 WL (Tenn.Ct. App.) 5. Only the illicit drugs and the currency found in the trunk were seized in this case. Only the Claimant filed to obtain the currency from the trunk. The
7 Claimant was in possession of the vehicle from which the currency was seized. Although he denied knowledge or ownership of the currency at the scene of the stop, Claimant contends the fact that he was in possession of the vehicle in which the currency was found does give him an ownership interest in the currency such that it should be returned to his possession. The State did not file a motion prior to the hearing to contest Claimant s standing to claim the currency. Therefore the hearing on Claimant s claim was a hearing on the merits. 6. The State succeeded in meeting its burden to show by a preponderance of the evidence that the currency at issue is, more probably than not, associated with illegal drug transactions. There is evidence, in the smell of marijuana associated with the currency, and in the amount, packaging and labeling of the currency, that the currency is associated with the sale of marijuana. Although not dispositive, there was trace evidence of marijuana in the vehicle. And there is the odd circumstance that neither the driver nor the owner of the vehicle claimed ownership of the currency or any knowledge of the source of the currency or why it was in the vehicle. There is no evidence supporting a conclusion that the currency is not drug-related. Claimant s testimony does not detract from the conclusion that the preponderance of evidence is that the currency at issue is money associated with a violation of the Tennessee Drug Control Act. The State has met its burden through circumstantial evidence to show that the currency is subject to forfeiture.
8 7. When property is seized, the person in possession may receive it back if the State is unable to show that it is subject to forfeiture. Even if it is subject to forfeiture, an innocent owner may receive it back if it is established that he has an ownership interest in the property, and that it could not be shown that he knew that the property was used or intended to be used for an illegal purpose. The State made appropriate efforts to identify and contact the owner of the currency. No owner was located. Only the Claimant filed a claim. The Claimant must qualify as an innocent owner to be awarded the currency. The preponderance of the evidence is that his strongest connection to the money is that it happened to be in the vehicle he was driving when it was found. Claimant gave conflicting testimony regarding whether he knew of the currency s existence in the car, denying any knowledge of it at the scene of the stop, and only later, when choosing to claim it, did he testify that he had known a bag of an indeterminate amount of currency was in the trunk. He consistently denied any knowledge of the rightful owner of the currency, the source of the currency, why it was in the vehicle or what it was intended to be used for. He admitted to being unemployed, and made no claims to have obtained the currency from any other source. He is not a bailee of the currency because he could not identify who put the currency in his safekeeping. He has absolutely no connection in the record to the currency except that it was found in a vehicle he had borrowed and was driving, and he subsequently contradicted his earlier testimony when he said that he was aware
9 there was some money in the car. Claimant s belated interest in the currency does not give him a legal interest in it under the circumstances of this case. 8. Therefore, it is determined that Claimant has no legally recognizable claim to the currency. There is no competent evidence supporting his claim. His claim must therefore be Denied. 9. His claim being stricken and there being no other claimants, it is as if no claim had ever been filed, which constructively evokes T.C.A (c). That section states: If a claim... is not filed with the applicable agency within the time specified... [this claimant s interest in] the seized property shall be forfeited and disposed of as provided by law. Therefore, it is ORDERED that the claim of Eddie Stephens is stricken, the matter DISMISSED and the Forty-Two Thousand Two Hundred and No/100 Dollars in U.S. Currency ($42,200.00) in US currency hereby FORFEITED to the seizing agency as provided for by law. This Initial Order entered and effective this 9th day of February, Margaret R. Robertson Administrative Judge Filed in the Administrative Procedures Division, Office of the Secretary of State, this 9th day of February, Thomas G. Stovall, Director Administrative Procedures Division
Follow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-6-2012 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-15-2011 TENNESSEE DEPARTMENT
More informationTENNESSEE DEPARTMENT vs. $ in U.S. CURRENCY, SEIZED FROM: MOISES SILVA, SEIZURE DATE: DECEMBER 9, 2009 CLAIMANT: MOISES SILVA
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-9-2010 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-22-2008 Tennessee Department
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 10-13-2009 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-27-2009 TENNESSEE DEPARTMENT
More informationVanessa Quilantan vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law January 2015 Vanessa Quilantan
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 5-26-2009 DEPARTMENT OF SAFETY
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-12-2012 Tina (M1888) Bilbrey,
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-21-2009 DEPARTMENT OF SAFETY
More informationDEPARTMENT OF SAFETY vs. $6, in US Currency, Seized from: Todd Walters, Date of Seizure: August 21, 2008, Claimant: Todd Walters
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-14-2009 DEPARTMENT OF SAFETY
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-8-2008 Tennessee Department
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-17-2009 DEPARTMENT OF SAFETY
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 10-16-2006 Department of Safety,
More informationTrey & Michael Torres vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 5-13-2014 Trey & Michael Torres
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-24-2008 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 8-21-2006 DEPARTMENT OF SAFETY,
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 1-10-2011 TENNESSEE DEPARTMENT
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 10-24-2012 TENNESSEE DEPARTMENT
More informationValorie D. Thacker vs. Department of Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-22-2013 Valorie D. Thacker vs.
More informationWilliam K. Bryant vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law September 2013 William K. Bryant
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-11-2012 TENNESSEE DEPARTMENT
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-2-2008 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-21-2009 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 2-29-2012 DEPARTMENT OF SAFETY,
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 11-5-2009 DEPARTMENT OF SAFETY
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 1-12-2011 TENNESSEE DEPARTMENT
More informationGary F. Bickford vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law October 2013 Gary F. Bickford
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 8-19-2008 DEPARTMENT OF SAFETY
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-27-2011 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-29-2010 TENNESSEE DEPARTMENT
More informationGregory Brunson vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-27-2014 Gregory Brunson vs.
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-2-2008 DEPARTMENT OF SAFETY,
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-5-2008 TENNESSEE DEPARTMENT
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 2-20-2008 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-28-2010 TENNESSEE DEPARTMENT
More informationOne 1994 Chevrole Pickup, VIN.: 1GCCS14W4R , SEIZED FROM: Trevor A. Coleman, DATE OF SEIZURE: March 12, 2012, CLAIMANT: Trevor A.
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 2-26-2013 One 1994 Chevrole Pickup,
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-11-2009 TENNESSEE DEPARTMENT
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 1-18-2006 DEPARTMENT OF SAFETY,
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 11-4-2009, DEPARTMENT OF SAFETY
More informationRobert M. Russell vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 5-30-2014 Robert M. Russell vs.
More informationTENNESSEE DEPARTMENT OF SAFETY vs. One 1996 Honda Accord Vin Number 1HGCE1822TA , Date of Seizure: October 21, 2010, Claimant: Lesile Frazier
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 9-11-2011 TENNESSEE DEPARTMENT
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-21-2012 State of Tennessee Department
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-18-2008 DEPARTMENT OF SAFETY,
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 9-24-2008 TENNESSEE DEPARTMENT
More informationMatthew McBee vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-17-2014 Matthew McBee vs. Safety
More informationTENNESSEE DEPARTMENT OF SAFETY vs. KEVIN BEATY
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 1-4-2010 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 8-24-2010 Terry Lynn Pennix Follow
More informationTENNESSEE DEPARTMENT OF SAFETY, Petitioner, vs. KYLE CANTWELL, Grievant
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-16-2008 TENNESSEE DEPARTMENT
More informationPublished on e-li (https://eli.ctas.tennessee.edu) November 28, 2017 Seizure of Controlled Substances and Related Property
Published on e-li (https://eli.ctas.tennessee.edu) November 28, 2017 Seizure of Controlled Substances and Related Property Dear Reader: The following document was created from the CTAS electronic library
More informationCase 1:17-cv JL Document 1 Filed 07/25/17 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE
Case 1:17-cv-00333-JL Document 1 Filed 07/25/17 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE UNITED STATES OF AMERICA, Plaintiff, v. Civil No. Forty Six Thousand Dollars ($46,000.00
More informationCornelius Sorina vs. Safety
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 5-23-2014 Cornelius Sorina vs.
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 2-13-2007 DEPARTMENT OF SAFETY,
More informationCOURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE APPEAL FROM THE CHANCERY COURT FOR DAVIDSON COUNTY AT NASHVILLE, TENNESSEE
BILLY L. GORDON, ) ) Petitioner/Appellant, ) Appeal No. ) 01-A-01-9511-CH-00522 v. ) ) Davidson Chancery MICHAEL C. GREENE, Commissioner ) No. 94-3552-I of the Tennessee Department of ) Safety, ) ) Respondent/Appellee.
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 11-24-2009 Joyce Allen Follow
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-31-2008 One 2004 Chevrolet Trailblazer,
More informationDEPARTMENT OF FINANCIAL INSTITUTIONS, COMPLIANCE DIVISION, Petitioner, vs. FIDELITY HOME MORTGAGE CORPORATION, Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-2-2010 DEPARTMENT OF FINANCIAL
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-25-2008 TENNESSEE DEPARTMENT
More informationTENNESSEE DEPARTMENT OF FINANCIAL INSTITUTIONS, COMPLIANCE DIVISION, Petitioner, vs. FIRST CHOICE FUNDING, INC., Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-15-2011 TENNESSEE DEPARTMENT
More informationTennessee Department of Financial Institutions, Compliance Division, Petitioner, vs. Charlton Hildreth, Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-24-2009 Tennessee Department
More informationTENNESSEE DEPARTMENT OF SAFETY, Department/, Petitioner, vs. CSGP 06-52VINCENT TUROCY, Grievant/, Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-19-2007 TENNESSEE DEPARTMENT
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-2-2008 James R. Edens Sr Follow
More informationTENNESSEE DEPARTMENT OF CHILDREN S SERVICES, Petitioner, vs. DARREN BIVINGS, Grievant.
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 8-10-2011 TENNESSEE DEPARTMENT
More informationTennessee Insurance Division, Petitioner, vs. John Porter Franklin, Jr., Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law November 2012 Tennessee Insurance
More informationTENNESSEE DEPARTMENT OF CORRECTION, Department/, Petitioner, vs. CSGP-07-14DOYLE WITCHER, Grievant/, Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 7-26-2007 TENNESSEE DEPARTMENT
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE February 22, 2017 Session
05/24/2017 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE February 22, 2017 Session STATE OF TENNESSEE v. GREGORY T. PHELPS Appeal from the Criminal Court for Knox County No. 104306A G. Scott
More informationBOARD OF EDUCATION vs. NATASHA KRUITHOF, Respondent.
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-7-2011 BOARD OF EDUCATION vs.
More informationAzam Mani Khwaga dba Hickory Hollow Wine and Liquor vs. Alcoholic Beverage Commission
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 4-2-2014 Azam Mani Khwaga dba
More informationTENNESSEE INSURANCE DIVISION, Petitioner, vs. Docket No.: J JAMES MICHAEL FOLEY, Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-4-2008 TENNESSEE INSURANCE
More informationv No Oakland Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED September 19, 2017 v No. 332310 Oakland Circuit Court MICHAEL DOUGLAS NORTH, LC
More informationFollow this and additional works at: Part of the Administrative Law Commons
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 10-6-2006 Shane Quinn Follow this
More informationOF FLORIDA THIRD DISTRICT JULY TERM, A.D Appellant, ** CASE NO. 3D vs. ** LOWER TRIBUNAL NO THE STATE OF FLORIDA, **
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 J.W.V., a juvenile, ** Appellant, ** CASE
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs July 21, 2010
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs July 21, 2010 STATE OF TENNESSEE v. KEVIN M. FRIERSON Direct Appeal from the Criminal Court for Davidson County No. 2007-C-2329
More informationIN THE SUPREME COURT OF TENNESSEE AT JACKSON April 5, 2006 Session
IN THE SUPREME COURT OF TENNESSEE AT JACKSON April 5, 2006 Session STATE OF TENNESSEE v. GARY LEE MARISE Appeal by permission from the Court of Criminal Appeals Circuit Court for Carroll County No. 02CR-96
More informationIN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE February 17, 2005 Session
IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE February 17, 2005 Session CITY OF MORRISTOWN v. REBECCA A. LONG Appeal from the Chancery Court for Hamblen County No. 2003-64 Ben K. Wexler, Chancellor
More informationCommerce and Insurance vs. KEITH ODENE DODD, Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 12-4-2012 Commerce and Insurance
More informationTerry W. Rankin vs. COMMERCE AND INSURANCE
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-10-2014 Terry W. Rankin vs.
More informationCommerce and Insurance vs. MEMPHIS SECURITY, INC., Respondent
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 1-24-2006 Commerce and Insurance
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 20, 2001
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 20, 2001 STATE OF TENNESSEE v. JASHUA SHANNON SIDES Direct Appeal from the Criminal Court for Hamilton County Nos. 225250
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE JANUARY SESSION, 1998
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE FILED JANUARY SESSION, 1998 March 5, 1998 Cecil W. Crowson Appellate Court Clerk STATE OF TENNESSEE, ) C.C.A. NO. 01C01-9703-CC-00108 ) Appellee,
More informationFollow this and additional works at:
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-6-01 TENNESSEE DEPARTMENT OF
More informationORDER AND JUDGMENT * Defendant-Appellant Benjamin Salas, Jr. was charged in a two-count
FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS September 21, 2007 UNITED STATES OF AMERICA, TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court v. Plaintiff - Appellee,
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs May 2, 2006
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs May 2, 2006 STATE OF TENNESSEE v. KEUSI YAMBA DONALD Direct Appeal from the Circuit Court for Weakley County No. CR13-2004 William
More informationMark Singer vs. Commerce and Insurance
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law February 2015 Mark Singer vs.
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE December 13, 2000 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE December 13, 2000 Session STATE OF TENNESSEE v. CARLOS L. BATEY Appeal from the Criminal Court for Davidson County No. 99-C-1871 Seth Norman,
More informationTENNESSEE DEPARTMENT OF CORRECTION, Petitioner, vs. LINDA A. JOHNSON, Grievant
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 6-2-2008 TENNESSEE DEPARTMENT
More informationCTAS e-li. Published on e-li (https://eli.ctas.tennessee.edu) December 06, 2017 Statutory Powers
Published on e-li (https://eli.ctas.tennessee.edu) December 06, 2017 Statutory Powers Dear Reader: The following document was created from the CTAS electronic library known as e-li. This online library
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 17, 2005
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 17, 2005 STATE OF TENNESSEE v. DARRYL J. LEINART, II Appeal from the Circuit Court for Anderson County No. A3CR0294 James
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE July 24, 2007 Session
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE July 24, 2007 Session STATE OF TENNESSEE v. CHRISTIAN FERNANDEZ Direct Appeal from the Circuit Court for Sevier County No. 11065-III Richard R.
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs February 6, 2007
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs February 6, 2007 STATE OF TENNESSEE v. SAVALAS O. McNEAL Appeal from the Circuit Court for Madison County No. 03-696 Donald H.
More informationTHE STATE OF SOUTH CAROLINA In The Supreme Court. Appellate Case No Appeal From Laurens County Donald B. Hocker, Circuit Court Judge
THE STATE OF SOUTH CAROLINA In The Supreme Court The State, Respondent, v. Timothy Artez Pulley, Appellant. Appellate Case No. 2015-002206 Appeal From Laurens County Donald B. Hocker, Circuit Court Judge
More informationSTATE OF TENNESSEE v. CHRISTOPHER RUTHERFORD
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs September 10, 2013 STATE OF TENNESSEE v. CHRISTOPHER RUTHERFORD Appeal from the Circuit Court for Madison County No. 11-442 Donald
More informationHumphreys Flowers, Inc. vs. AGRICULTURE
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law March 2015 Humphreys Flowers,
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 9, 2015 Remanded by the Supreme Court November 22, 2016
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 9, 2015 Remanded by the Supreme Court November 22, 2016 STATE OF TENNESSEE v. CHRISTOPHER WILSON Interlocutory Appeal
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 10, 2009
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 10, 2009 STATE OF TENNESSEE v. AMOS OYELEYE Direct Appeal from the Criminal Court for Shelby County No. 07-04037 W.
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 18, 2006
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs April 18, 2006 STATE OF TENNESSEE v. TIMMY LEE HILL Appeal from the Circuit Court for Marshall County No. 16347 Lee Russell,
More informationDocket No. 26,134 COURT OF APPEALS OF NEW MEXICO 2007-NMCA-076, 141 N.M. 742, 160 P.3d 923 April 26, 2007, Filed
1 ALBIN V. BAKAS, 2007-NMCA-076, 141 N.M. 742, 160 P.3d 923 GEORGE ALBIN, as personal representative of the Estate of JOHN ALBIN, on behalf of himself and all others similarly situated, Plaintiff-Appellant,
More informationIN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT. STATE OF MISSOURI, ) ) Appellant, ) ) vs. ) No. WD78413 ) CHRISTOPHER P. HUMBLE, ) ) Respondent.
IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT STATE OF MISSOURI, ) ) Appellant, ) ) vs. ) No. WD78413 ) CHRISTOPHER P. HUMBLE, ) ) Respondent. ) APPEAL TO THE MISSOURI COURT OF APPEALS WESTERN DISTRICT
More informationRULES OF TENNESSEE DEPARTMENT OF AGRICULTURE CHAPTER DOG AND CAT DEALERS TABLE OF CONTENTS
RULES OF TENNESSEE DEPARTMENT OF AGRICULTURE CHAPTER 0080-2-15 DOG AND CAT DEALERS TABLE OF CONTENTS 0080-2-15-.01 Application 0080-2-15-.07 Access and Inspection of Records and Property 0080-2-15-.02
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs February 2, 2010
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs February 2, 2010 STATE OF TENNESSEE v. CHRISTOPHER JONES Direct Appeal from the Circuit Court for Madison County No. 05-209 Donald
More information