State Supreme Court Sends Case Back To Knox County Court To Hear Evidence On Stun Belt Use During Trial

Thursday, February 21, 2013

In a unanimous opinion, the Tennessee Supreme Court on Thursday sent Brandon Mobley’s post-conviction case back to the Knox County Criminal Court for further hearings regarding the use of a stun belt during his trial.

In 2003, Mr. Mobley shot and killed Joshua Nance and Oshalique Hoffman. He was convicted of two counts of premeditated murder in 2005, and his convictions were affirmed on direct appeal. He filed a petition for post-conviction relief in 2008, asserting that he was entitled to a new trial because of errors committed by the trial judge and because his lawyer had not represented him effectively.

The Criminal Court for Knox County conducted a hearing and denied Mr. Mobley’s petition. A divided Court of Criminal Appeals granted Mr. Mobley a new trial after finding that his lawyer had been ineffective with regard to the presentation of expert testimony regarding the effect of Mr. Mobley’s mental conditions on his ability to premeditate.

The Supreme Court granted the State’s appeal. The Court held that Mr. Mobley was not entitled to a new trial because of his lawyer’s performance relating to the exclusion of his expert’s opinion regarding his ability to premeditate. The Court determined that any possible deficiency in the lawyer’s performance did not affect the fairness of Mr. Mobley’s trial.

The Court also upheld the dismissal of Mr. Mobley’s other claims for relief except the claim that his lawyer was ineffective because he did not object to the trial court’s decision to require Mr. Mobley to wear a concealed stun belt during the trial. Because the evidence in the record was insufficient to address this question, the Court remanded this issue to the trial court for additional hearings.

To read the Brandon Mobley v. State opinion, authored by Justice William C. Koch, Jr., click here.

 


Chattanooga Area Labor Council To Host Workers Memorial Day Event

The Chattanooga Area Labor Council will host a Workers Memorial Day Event on Monday, April 28, to remember all workers who have suffered and died on the job and to renew efforts for safe workplaces.    This is a worldwide campaign, sponsored by the AFL-CIO, to generate awareness and support of workers’ rights to "safe, healthy and respectful work environments."   ... (click for more)

Hicks Speaker For Walker Chamber's Monthly Membership Luncheon

The University of Georgia’s Small Business Development Center will be highlighted by keynote speaker Kinsey Hicks, program coordinator, during the Walker County Chamber of Commerce’s April Membership Luncheon which will take place on Tuesday from 11:30 a.m. to 1:30 p.m. at the Walker County Civic Center, 10052 N Hwy 27, Rock Spring, GA.    The Mission of the ... (click for more)

Man Shot On Cannon Avenue Early Saturday Morning

A man was shot early Saturday morning on Cannon Avenue. At approximately 5:30 a.m., Chattanooga Police responded to 2300 Cannon Ave. for shots fired.  Shortly after receiving the call, officers learned that a victim arrived at a local hospital.  The victim suffered a gunshot wound to the right leg and is undergoing treatment. The injury is not considered to be life-threatening.  ... (click for more)

Child Playing With Cigarette Lighter Starts $25,000 Mobile Home Fire

A child playing with a cigarette lighter started a mobile home fire on Saturday morning. At 9 a.m., the Chattanooga Fire Department responded to a mobile home fire at 6561 Cassie Lane. It took four fire companies about 10 minutes to get the fire under control. The fire was contained to one bedroom. No injuries were reported. Damage to the home is around $25,000. (click for more)

When The City Was Silent

I don't know how to say this without getting my head handed back to me on a platter as is often the usual case. But at least I no longer receive the hateful (even threatening) emails and insults I became accustomed to. So I'll just bite and say it: I honestly don't see anything expressed by the NSM that hasn't been said locally on some level at one time or another, and ... (click for more)

Roy Exum: God Could Use You…

In the spring of 1968, this just before pro golfer Billy Casper would win six tournaments that year and be the leading money winner on the tour, the wildly-popular “Buffalo Bill” was in Japan playing some off-season tournaments. He was asked if he would like to visit some American soldiers who had been seriously wounded and Casper, ever the gentleman, said of course. As he melted ... (click for more)