threadgill-2113-2634689755937870372.pdf (2012)

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BOARD OF PROFESSIONAL RESPONSIBILITY
OF THE
SUPREME COURT OF TENNESSEE
10 CADILLAC DRIVE, SUITE 220
BRENTWOOD, TENNESSEE 37027
TELEPHONE: (615) 361-7500
(800) 486-5714
FAX: (615) 367-2480
E-MAIL: ethics@tbpr.org
Website: www.tbpr.org

RELEASE OF INFORMATION
RE: JOHN O. THREADGILL, BPR # 001102
CONTACT: SANDY GARRETT
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500

April 2, 2012
KNOXVILLE ATTORNEY SUSPENDED
On March 30, 2012, the Tennessee Supreme Court suspended the law license of John O. Threadgill,
pursuant to Section 14 of Tennessee Supreme Court Rule 9. The Court suspended Mr. Threadgill’s law license
based upon Mr. Threadgill’s plea of guilty to a serious crime, i.e., theft.

The Supreme Court further ordered the Board of Professional Responsibility to institute a formal
' proceeding to determine the extent of final discipline. to be imposed as a result of the conviction.

This suspension remains in effect until it is dissolved or amended by order of the Supreme Court of
Tennessee.

Threadgill 21 132 rel.doe

PLEASE NOTE
YOU MAY SUBSCRIBE TO RECEIVE INFORMATIONAL RELEASES, FORMAL ETHICS
OPINIONS, NEWSLETTERS AND ANNUAL REPORTS ELECTRONICALLY BY SIGNING IN AT
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www.tbpr.org/Subscriptions
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

IN RE JOHN O. THREADGILL , BPR # 001102
An Attorney Licensed in Tennessee
(Knox County) I F I L E BM

MAR 3 0 2011.
N0. M2012-00643-SCnBPR-BP
Clerk of the Courts

ORDER OF ENFORCEMENT

This matter is before the Court pursuant to Tenn. Sup. Ct. R. 9, § 14, upon a certificate
filed by Disciplinary Counsel for the Board of Professional Responsibility consisting of
certified copies of the Waiver of Trial by Jury and Request for Acceptance of Plea of Guilty
and Waiver ofTrial by Jury and Acceptance ofPlea of Guilty Order in a criminal case, State
of Tennessee v. John Threadgill, (attached hereto as Collective Exhibit A), filed in the
Criminal Court for Knox County, Tennessee, on February 29, 2012, demonstrating that John
O. Threadgill, a Tennessee attorney, has pled guilty to a serious crime, i.e., theft.

It is therefore, ordered, adjudged, and decreed by the Court that:

1. John O. Threadgill is suspended from the practice of law on this date
pending further orders of this Court, pursuant to Tenn. Sup. Ct. R. 9, § 14',

2. This matter shall be referred to the Board ofProfessional Responsibility
for the institution of a formal proceeding in which the sole issue to be
determined shall be the extent of the final discipline to be imposed as a result
of the conviction by the Guilty Plea;

3. John O. Threadgill shall fully comply with Term. Sup. Ct. R. 9, § 18
concerning suspended attorneys; and

4. The Board of Professional Responsibility shall cause notice of this
suSpension to be published as required by Tenn. Sup. Ct. R. 9, § 18.10.

FOR THE COURT

Wars;
WILLIAM c. KOCH, JR., JUSTICE
STATBOF’IENNESSEE cssssccsy 95033 ,_
31-“)! R. Mtflmske‘l: 0er
vs.
JOHN THREADGILL 13.0.3. 0111211 943
OF my R 0 PT
W
The dcth in the shove styled case moves the Court to accept his/her plea of
gm'lty andacknowledgeshis/herondotstaodlng cfhis/hcrrights andth'e sfi‘cots och's/hcr
guilty plea. as follows: ‘
(1) My memnmm is John Oliver Threadgill
and I assert that all proceedings against me should be had in the name: which Ihcrcby
declare to bonny 1111c name,
(2) Myattomcyinthis cascls Ralph E Harwell
who was retained to represent me.
(3) I have told my attorneythe facts and amending circumstaoccs as known
to no ccnccming the mattcts mentioned inthis indioonont; and Ibclicvo that my attorney
is fully informed as to all such matters. I belieVo that my attorney has suficiontly
ifivasfigstcd the facts cfmy case: in order to ho ablo to properly advise me: whether on: not
1 should pload guilty in this case and that lac/she would be prepared to go to 13131 if I
chcso to pleas nct guilty. My attorney has inflamed one as to any and all possible
dcfcnscs and sltcrnativcs I might havo in this case: and has advised me of shy lesser
included ofl'coscs to which I may be sub} cat. I am completely satisfied with the legal
advice and representation provided to mo by my attorney in this case, and I have
absolutely no complaints to make to tho Court concoming hisr'hcr roprcscntafion.
(4) 1‘ unduusuud that I- am charged in the Momma} with tlnc ofi'cnso(s)
listed below and [that the State has not filcd a Notice of mtont to Sock Enhanced

Ptmisbmcnt] .—- = - - = = = -. My attorney
has discusscd'with me the possible punishments ifI am found guilty, and I understand
thou: to be as follows:
Collective
Exhibit A
MW
Wmmflmmm

95083 1 'Theft ' o“ Zyears 4years

(5) It has been fully explained to me and I understand that I may, if I so
choose, plead “not gxfilty" to buy“ ofi‘enec charged against me, and that if I choose to
plc "not guilty" the consfitufion guarantees and this Court will provide Inc the right to
a speedy‘and publio trial by jury; that the State must prove to a jtny my guilt beyond a
reasonable doubt as to every element of the ofl’onee with whichI am charged; the right
to see and hear all witneoses against me, and thesé Inny be times examined by my
attorney; the tight to use the powor and process of the Court to compel the production
of any evidence, including the attendance of any favorable Witness, finiher that I may
testify if I Wish but if I feel that it would be to my interest not to testify, I may remain
silent. no comment may be made and Irony not be forced to testify, also Ineed not make
any Statements or giVe testimony that may tend to incriminate me of this or any oflicr
ofi’nnse; and. the right to how the assistance of 601111361 in my defense ai all stages of the
proceedings; and. that if I am indigent and cannot afford any attorney, the Court will

2
' appoint one to represent me.
(6) [understand that ifI plead guiltyto the ofl’ensqs) listedinparagraphnine
(9), Iamwaiving my rightto ahialto detennine my guilt or innocence sndthercwillnot
be a further trial of any kind except as to the appropriate sentence} I Either imderstend .
that ifI plead guilty to the ofl‘ense{s) listed in paragraph nine (9), I am waiving my right
to have a fin? fix the amount of my fine. I further understand that if I plead guilty, the
Court may ask me questions under oath, on the record, and in the presence of counsel
about the offense to which I am pleading guilty, and my answers may later be used
against me in a prosecution for perjury or false statement, and that if necessary, any
convictions on my record may be used in determining die proper sentence.

'(7) I understand that by pleading guilty, I am waiving or giving up my right
to appeal all non—jurisdictional defects or errors in these proceedings, including any
complaints I might haVe that Iwas unlawfiflly arrested, that my property or possessions
Were unlawfiilly searched or seized, that my right against self-inorimination or right to
counsel were violated1 or that I was denied a right to a speed}r trial. However, iii are
tried on a plea ofnot guilty and am dissatisfied with thojury‘s verdict or the judgment of '
the Court, I may appeal to the Court of Criminal Appeals, be finished counsel and if
necessary have the transcript furnished by the State at no cost to me.
(8) (a) I understand that if the Court accepts my plea of ginlty and I am
convicted of the ofi'ense(s) to whichI am pleading guilty, theseconviotions will be public
record, may render me infamous, denying me access to the electiVe process and making
my sworn testimony subject to attack; and may be used to increase the pimishment I
might receive ifI no later convicted of any crime and may be used in combination with
other felony convictions to establish the stems of career cfiminel ifI are later convicted
of another felony.
(b) (Applicable oniyinDUi/Aduit eases). Iunderstand that ifI enter
a plea of guilty to the offense of [Drivin der the Influence of Intoxicants] [Adult
Driving While Repaired] and have or charge of the same kind, that this conviction

3
may be used to enhance or increase my punishment on these future oonvio one for

Second, Third1 Fourth and subsequent convictions under the DUI Act or as follows:

First Conviction: not less time 48 hours nor more than 11 M the 29 Doys'in the
Knoi County Penal Farm and a fine ofnot less than $350.00 no: ore than $1,500.00,
’ and prohflnifioo fi-om driving a vehicle inthe State ofTennessee or 1 year; for an ofi'oose
committed after July 1, 1998, the minimum period ofco ement shall be seven (7)
consecutive days if at the time of the offense the defen 5 alcohol concentration was
2.0% .or higher; ’

Second Conviction: notiess than 45 Days or more than 11 Months 29 Days in
the Knox CountyPonalFarm and a fine ofnotl than $600.00 normore 033.11% ,500.00
and prohibition from driving a vehicle in the tote of Tennessee for 2 years;

,Third Conviction: not less than 0 Days nor more than 11 Months 29 Days in
the Knox County Penal Farm and 5 o of not less than $1,100.00 nor more than
$10,000.00, and prohibition from ‘ ' g a. Vehicle inthe State ofTemeSSee for a period
of time of not less than 3 years )1 micro than 10 years;

t Conviction: not less than 150 Days, to be served day for
day, nor more than the axhzourn punishment authorized for the appropriate range of a
Class E Felony, and fine not less than $3,000.00 nor more than $15,000.00, and
prohibition from Ving a vehicle in the State ofTennessee for a period of 5 years.

Iond tend that the penalties under the Admit DWI Act are as follows:
F' Conviction: Class B misdemeanor punishable by a fine of_ $500.00.
S 0nd or Subsequent Conviction: punishable as a second or subsequent
"violation, rcspootiwly. of DUI.

I understand that ifthe Court accq'ats my 1316 fguflty and I am convicted ofthe
DUI/DWI corms), this conviction may be in dotomim’ng my eligibility to ho
doolarod an Habitual Motor Vehicle: Ofim and Irony be. subject to the rostitutions,
‘punishmmt and ponaltles thoroto. F tl', this conviction may be considered in tho -
sentencing for any sub sequent ofi'onso.

(9) WAIVER OF JURY TRIAL AND ENTRYOF GUILTY- PLEA. BEING
AWARE OF MY CONSTITUTIONAL AND STATUTORY RIGHTS, IEEREBY
WAIVB MY RIGHT TO A MY TRIAL AND THOSE OTHERS LIS'I'ED ABOVE .
‘ AND PLBAD GUJLTY TO THE OFFENSES LISTED BEIDW.
My decision to plead guilty is voluntary and not the result of force or threats or of
promises apart from the plea agroomont.1am pleading guilty because [Leaaaaaéttael—tho-
-~ - -~- ‘ -- '-- ’ ] [booausclfoelitisinmyhest
interost]. I understand that the possible punishments for the offensefis) to which I am.
pleading guilty are as follows and that as a result of my plea. of guilty, tho Dish-lot
Attorney General or his ropreseutativa will recommend the following sontcnco as to Bach
offense. I undorstand that this is 0213; a rocmondafion ahct that tho Com: is hot bound
by: this mgmonda‘gjog in any Way.
. MIN. 8: MAX. RECOMAZ‘ENDBD
DOCKET NO. COUNT OFFENSE KNEW SENTENCE
OFFENSE CLASS

95083 1 Theft 2 - 4 years 2 years w Probation

Further healing onthc day of ,
20 , at Knoxville, Tmessac.
CERTIFICATE OF DEFENDANT

I hereby certify that I have: read thc {ongoing documcmt or that it has been read
to me. I understand what it says and I am in agreement that it is in my best Mast to
give up my right to a. jury {Ital and enter a plea of gtfilty to the chargds) listed in this
document. [Imderstand that the District Attomsy Ganeral may make arocommandatioa
to the Court about what my scutmccCs) should be. I understand that tbs Court is not
bound to follow this racammendation.
mmmflfl dayof 34/ €201)

W
» 9mm
ADDRESS
flaw m6 4% . .
@924 3722573? " ‘
COUNTY OFRBsmENdB: 5H)
PHONE NQWIAREA CODE: fiffé 2« #0513“.

CERTJFICATE OF DEFENSE ATTORNEY

Ihcreby certify and declare that my client has eithat read this foregoing document
or tlmtl have read it to bimfhar. I am sati - ed that my client understands tho mutants
of this document and that his/her dac'.’ . waive his/bur right to filial byjury d to
cutmraplca ofg-m’ltyhas bécnmu- . I er oluntarily, o glyland‘ ' litly.

Afiomy FOR DEFENDANT

The: District Attorney Generaljoins 1'31 this motion fdrthépuxpose DfWEi‘ring'tria1
77 7 7 7 77 7 7 7
7 7 byjury.7777777 7 7 7 7 7777 77 "1 _

DISTRICT ATTORNEY G
CERTl’FlEDT cow
7 0th LCD RT
KNOX W
BY
DEFUT'I CLEHIK
.1 5 I—

IN THE CRIMINAL COURT FOR KNOX COUNTY, TENNESSEE. " r"
I DMSIONI FEE} a a EL”;
STATE OF TENNESSEE a “r: a. .uInCrcskeyydietk

V ”I ' CASBNO‘ 95083
3%Wanda
Dfiendant
O
, aha
‘

WAIVER OF TRlAL BY IURY AND ACCEPTANCE OF PLEA OF GUILTY
ORDER

This cause catne on for hearing before the Honorable Steven W. Sword
Judge of the Cri ma Court for Knox County, Tennessee, Divisicnl on the petition of
the defendant, WW for waiVer of trial byjury
and request for oeptance ofguflty,
a plea of said petition being attached hereto and
incorporated by reference herein, upon statements madeIn open Court by the defendant
herein, hisfher attorney of record, the District Attorney General representing the State of
Tennessee, and from questioning by the Court of defendant and his/her counsel in open
Court: and
IT APPEARMG TO THE COURT after careful censideration that the defendant
herein has been fully advised and understands hisfher right to a trial by jury on the merits
of the indictment against him/her and that the defendant herein dees not elect to have a
jury determine his/her guilt or innocence under a plea ofNOT GUILTY; and
. IT FURTHER APPEARING TO "II-IE COURT that the defendant intelligently
and understandingly waives his/her right to a trial by jury of his/her own flee will and
choice, without any threats or pressure of any kind or promises, other than the
recommendation of the State as to punishment, desire to enter a plea of guilty and accept
the recommendation of the State as to punishment.
IT IS THEREFORE, ORDERED, ADJ’UDGED AND DECREED thatthe petition
filed herein be and the same is hereby granted
Entered this the" day of k9 — - ,2012.
PRESENTMENT
CASE NO. 333583
GRAND JURY NO. 1; e 07,”

STATE OF TENNESSEE
v vs.
JOHN THREADGILL, ALIAS
THEFT
MIKE FREELS, PROSECUTOR

CLERK: Summon named witnesses Witnesses sworn by me in the presence
for the State of Tennessee. - of the Gr (1 Jury
M 1.3 4 2010.
Randall R. Nichols MM
District Attomey General Foreperson of the Gran Jury

Filed this 13 day ofégaf, 2010.

A TRUE BILL

Foreperson of the 2grand. Jury

lI ll “.41
STATE OF TENNESSEE, COUNTY OF KNOX

CRIMINAL COURT FOR KNOX COUNTY, TENNESSEE

The Grand Jurors for the State of Tennessee, upon their’oaths, present that JOHN
THREADGILL, ALIAS, heretofore, to-Wit: On or about the m day of July, 2009, and on
diVers and diverse days between that date and the _____ day of August, 2009, in the State and
County aforesaid, did unlawfitlly and knowingly obtain and exercise control over property, to~
wit: a quantity of good and lawful money of the United States of America, the fmther kinds,
types, descriptions and denominations thereof to the Grand Jurors unknown, of the value of at
least One Thousand and OOKIOO ($1,000.00) Dollars but less than Ten Thousand and 00/100
($10,000.00) Dollars, of Mary Sue Denney and James Denney without their effective consent,
with intent to deprive the said Mary Sue Denney and James Denney thereof, in violation of
T.C.A. 3944-103, and against the peace and dignity of the State of Tennessee.

f/Q‘W Aid/w é: n/JZ‘; {L
DISTRICT ATTORNEY GENERAL

n7” rot/i

GERTIFIED TRUE COPY
CRIM Arbours“ '
KNO
BY
ossutr cutter
6750535
STATE OF TENNESSEE
VS.
JOHN THREADGILL, ALIAS

WITNESSES

MIKE‘FREEIS, KCSD JAMES DENNEY
500 ”VILLA CREST DR.
KNOXVILLE, TN 37923
MARY SUE DENNEY
500 VILLA CREST DR.
KNOXVILLE, TN 37923

2»:

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