Hamilton County Criminal Court

Court Orders

Please find below some of the more significant court orders filed in the Allen Cases. For copies of other orders filed, please contact the Criminal Court Clerk's Office.

Scheduling Orders

Case Management Order (entered September 26, 2018)

Substantive Orders Relating to Motions

The vast majority of pretrial motions have been addressed in the monthly Notices of Hearing. However, additional motions have been addressed through entry of separate orders. such as the following:

Orders of Dismissal (entered February 7, 2020)

Memorandum Opinion Granting, In Part, Mayes No. 13 (entered February 7, 2020) (addressing allegations regarding presence of RICO conspiracy)

Memorandum Opinion Granting, In Part, Bowling No. 7 (entered August 23, 2019) (addressing allegations regarding use of RICO predicate acts)

Order Granting Motion in Part, Denying Motion in Part, High No. 7 (entered January 10, 2019) (addressing request to disqualify Office of the District Attorney General)

Order Denying Sims No. 7 (entered January 14, 2019) (addressing "for financial gain" as an element of a RICO predicate act)

Order Denying Sims No. 8 (entered November 26, 2018) (addressing the jurisdiction of juvenile court and criminal court)

Notices of Hearing (Related to Pretrial Motions)

January 28, 2019 Motion Hearings (entered January 18, 2019)

January 7, 2019 Motion Hearings (entered December 19, 2018)

November 26, 2018 Motion Hearings (entered November 19, 2018)

October 29, 2018 Motion Hearings (entered October 23, 2018)

September 24, 2018 Motion Hearings (entered September 19, 2018 and September 25, 2018)

August 27, 2018 Motion Hearings (entered August 22, 2018)

July 30, 2018 Motion Hearings (entered July 26, 2018)

June 25, 2018 Motion Hearings (entered June 20, 2018)

Orders Relating to Conditions of Pretrial Release

Order Regarding Bail for Superseding Indictment (entered August 14, 2018) and Amended Order Correcting Case Numbers

Order (Supplemental) Regarding Bail for Superseding Indictment (entered August 16, 2018)

Miscellaneous Orders

Order Granting Motion for Protective Order (entered June 25, 2018)

Tennessee Supreme Court’s Order Permitting Electronic Service of Papers (entered June 25, 2018)

Amended Order Granting Motions to Dismiss Original Presentment (entered August 23, 2018) and Order Addressing Remaining Motions Filed with Respect to Original Presentment (entered August 24, 2018)

Order Granting State’s Sealed Motion for Protective Order (entered November 26, 2018)

Orders Entered To Clarify the Record in Individual Cases (entered December 10, 2018)

Substantive Motions

Please find below some of the more significant substantive motions filed by the parties in the Allen Cases. For copies of other motions filed, please contact the Criminal Court Clerk's Office.

Motions to Dismiss

Motions Previously Resolved:

Bowling, Motion No. 7: Motion to Dismiss Counts I and Two and or Suppress Evidence (filed August 24, 2018); State’s Response (filed October 31, 2018); heard and taken under advisement on November 26, 2018; Memorandum Opinion Granting, In Part, Bowling No. 7 (entered August 23, 2019)

Cannon, Motion No. 7: Motion to Dismiss Presentment (filed July 2, 2018); Order Denying Motion as Moot (entered August 22, 2018)

Mayes, Motion No. 11: Motion to Dismiss Presentment (filed July 12, 2018); Order Denying Motion as Moot (entered August 22, 2018)

Dean, Motion No. 8: First Motion to Dismiss Presentment (filed July 31, 2018); Order Denying Motion as Moot (entered August 22, 2018)

Mayes Motion No. 13: Motion to Dismiss Defective Presentment Pursuant to Rule 12 of the Tennessee Rules of Criminal Procedure (filed December 27, 2018); heard January 28, 2019 and taken under advisement; Motion Granted (February 7, 2020)

Murphy, Motion No. 3: Motion to Dismiss Presentment (filed September 4, 2018); State’s Response to Murphy Motion No. 3 (filed October 31, 2018); heard and taken under advisement on November 26, 2018; Motion Denied (February 10, 2020)

Shelton, Motion No. 1: Motion to Dismiss Defective Presentment (filed June 20, 2018); Order Denying Motion as Moot (entered August 22, 2018)

Sims Motion No. 5: Motion to Dismiss Presentment (filed May 22, 2018) & Motion No. 6, Supplemental Memorandum in Support of Motion to Dismiss Defective Presentment (filed July 20, 2018); Order Denying Motion as Moot (entered August 22, 2018)

Sims Motion No. 7: Motion and Memorandum of Law to Declare Tennessee RICO Statute Unconstitutional (filed July 31, 2018); State’s Response (filed September 24, 2018); heard and taken under advisement on October 29, 2018; Order Denying Sims No. 7 (entered January 14, 2019)

Sims Motion No. 8: Motion Dismiss or in the Alternative Transfer to Juvenile Court (filed August 3, 2018); State’s Response (filed September 24, 2018); heard and taken under advisement on October 29, 2018); Order Denying Sims No. 8 (entered November 26, 2018)

Sims Motion No. 9, Motion to Dismiss Presentment (filed September 28, 2018); State’s Response (filed October 31, 2018); heard and taken under advisement on November 26, 2018; Order Denying Sims No. 9 (entered January 14, 2019)

Motions Taken Under Advisement:

Murphy Motion No. 4: Motion to Dismiss Presentment (filed October 4, 2018); State’s Response (filed November 30, 2018); heard January 28, 2019 and taken under advisement

Lawande Haggard Motion No. 8: Motion to Dismiss Presentment Under Tenn. Code Ann. § 39-12-204(e) (filed November 26, 2018); heard January 28, 2019 and taken under advisement

Motions Rendered Moot by Dismissal of Cases:

Arnold Motion No. 1: Motion to Dismiss Counts I and II Pursuant to Tenn. Code Ann. § 39-12-204(e) (filed January 04, 2019); heard January 28, 2019 and taken under advisement; motion rendered moot by dismissal of case on February 7, 2020.

Beamon Motion No. 1: Motion to Dismiss Presentment (filed January 03, 2019); heard January 28, 2019 and taken under advisement; motion rendered moot by dismissal of case on February 7, 2020.

Bragg Motion No. 4: Motion to Dismiss Defective Presentment Pursuant to Rule 12(b) (filed 12/18/2018); heard January 28, 2019 and taken under advisement; motion rendered moot by dismissal of case on February 7, 2020.

C. Clemons Motion No. 16: Motion to Dismiss Presentment Against Countess Clemons (filed January 03, 2019); heard January 28, 2019 and taken under advisement; motion rendered moot by dismissal of case on February 7, 2020.

Dean Motion No. 2: Motion to Dismiss Presentment (filed September 28, 2018); heard and taken under advisement on November 26, 2018; motion rendered moot by dismissal of case on February 7, 2020.

Green Motion No. 2: Motion to Dismiss Presentment (filed January 03, 2019); heard January 28, 2019 and taken under advisement; motion rendered moot by dismissal of case on February 7, 2020.

LaCharleston Haggard Motion No. 13: Motion to Dismiss True Bill (filed September 19, 2018); State’s Response (filed October 31, 2018); hearing set for February 25, 2019; motion rendered moot by dismissal of case on February 7, 2020.

High Motion No. 11: Motion to Dismiss Count I of Superseding Presentment (filed November 26, 2018); heard January 28, 2019 and taken under advisement; motion rendered moot by dismissal of case on February 7, 2020.

High Motion No. 16: Motion to Dismiss Superseding Presentment – Ex Post Facto (filed December 26, 2018); heard January 28, 2019 and taken under advisement; motion rendered moot by dismissal of case on February 7, 2020.

Lomnick, Motion No. 1: Motion to Dismiss Defective Presentment Pursuant to Rules 12(b)(2)(A) and 12(b)(2)(B) of the Tennessee Rules of Criminal Procedure (filed August 30, 2018); State’s Response (filed October 31, 2018); heard and taken under advisement on November 26, 2018; motion rendered moot by dismissal of case on February 7, 2020.

Lykes Motion No. 1: Motion to Dismiss Defective Presentment Pursuant to Rule 12 of Tennessee Rules of Criminal Procedure (filed January 03, 2019); heard January 28, 2019 and taken under advisement; motion rendered moot by dismissal of case on February 7, 2020.

Morris Motion No. 10: Motion to Dismiss Defective Presentment (filed January 02, 2019); heard January 28, 2019 and taken under advisement; motion rendered moot by dismissal of case on February 7, 2020.

Andre Thomas Motion No. 5: Motion to Dismiss Counts I and II Pursuant to Tenn. Code Ann. § 39-12-204(e) (filed January 03, 2019); heard January 28, 2019 and taken under advisement; motion rendered moot by dismissal of case on February 7, 2020.

Ira Thomas Motion No. 1: Motion to Dismiss Defective Presentment Pursuant to Rule 12(b) (filed November 30, 2018); heard January 28, 2019 and taken under advisement; motion rendered moot by dismissal of case on February 7, 2020.

Motions Asserting Unconstitutionality

Cortez Sims, Motion No. 7: Motion and Memorandum of Law to Declare Tennessee RICO Statute Unconstitutional (filed July 31, 2018; State’s Response (filed September 24, 2018); heard and taken under advisement on October 29, 2018; Order Denying Sims No. 7 (entered January 14, 2019)

Murphy Motion No. 6, Motion to Declare RICO Act Unconstitutional (filed October 26, 2018); heard and taken under advisement on November 26, 2018

Lawande Haggard Motion No. 4: Amended Motion to Declare the RICO Statute Unconstitutional (filed December 21, 2018); heard January 28, 2019 and taken under advisement

Motions Seeking Bills of Particulars

Cannon, Motion No. 1: Motion for Bill of Particulars (filed May 10, 2018) (Motion Granted in Part, June 25, 2018; remainder denied as being moot on August 22, 2018); motion rendered moot by dismissal of case on February 7, 2020.

LaCharleston Haggard Motion No. 14, Motion for Bill of Particulars (filed September 19, 2018); status set for February 25, 2019; motion rendered moot by dismissal of case on February 7, 2020.

High Motion No. 5, Motion for Bill of Particulars (filed October 15, 2018); status set for February 25, 2019; motion rendered moot by dismissal of case on February 7, 2020.

Allen Motion No. 3: Motion for Bill of Particulars (filed December 19, 2018); status set for February 25, 2019; motion rendered moot by dismissal of case on February 7, 2020.

Sneed Motion No. 11: Motion for Bill of Particulars (filed October 31, 2018); status set for February 25, 2019; motion rendered moot by dismissal of case on February 7, 2020.

Stamps Motion No. 8: Motion to Dismiss Indictment or for a Bill of Particulars (filed October 9, 2018); status set for February 25, 2019; motion rendered moot by dismissal of case on February 7, 2020.

Andre Thomas Motion No. 4: Motion for Bill of Particulars (filed January 03, 2019);status set for February 25, 2019; motion rendered moot by dismissal of case on February 7, 2020.

Procedural Motions

Please find below some of the more significant procedural motions filed by the parties in the Allen Cases. For copies of other motions filed, please contact the Criminal Court Clerk's Office.

Motions to Disqualify

High Motion No. 7, Motion to Disqualify Office of District Attorney General (filed November 15, 2018); State's Response (filed December 17, 2018); Order Granting Motion, in Part, Denying Motion, in Part (entered January 10, 2019)

Discovery Motions

State’s Motion No. 1, Motion for a Protective Order and Supporting Memorandum (filed October 9, 2018); Granted Temporarily (entered October 10, 2018); Order Granting Motion In Part (entered October 29, 2018)

Motions to Sever Defendants or Offenses

Murphy Motion No. 5, Motion for Severance of Offenses and Defendants (filed October 23, 2018); heard initially on January 28, 2019; further argument deferred to February 25, 2019

State's Proposal on Severance of Cases (filed in open court on January 28, 2019)

Motions Relating to Communications

McKinney Motion No. 4: Motion for Gag Order (filed July 5, 2018); Order denying motion without prejudice (entered August 22, 2018 confirming July 30, 2018 oral order)

State v. Allen Pleadings