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Judicial Selection Commission allows Supreme Court applicants to reapply; sets new deadline for all applicants
The Tennessee Judicial Selection Commission voted 8-7 today to allow two Supreme Court candidates already rejected by Gov. Bredesen to reapply for appointment to the state's highest court. A resolution sponsored by Memphis attorney Barry Ward called for all applicants who applied before the initial July 17 deadline to once again be considered as potential applicants for the remaining vacancy. Ward argued that the governor's rejection of the first slate of candidates was unconstitutional because it was based solely on race. Under the proposal that passed, applicants now have one week to withdraw their names from consideration. The commission also set a new deadline of Aug. 29 for additional applicants to apply. The commission will meet again on Sept. 5 to review the applications. Nashville News Channel 5 has the story:
http://hosted.ap.org/dynamic/stories/T/TN_SCOTENN_VACANCY_TNOL-?SITE=WTVF&SECTION=HOME&TEMPLATE=DEFAULT
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TODAY'S OPINIONS
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Editor-in-Chief, TBALink
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SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS
Court: TSC
http://www.tba2.org/tba_files/TSC/2006/certlist_082106.pdf
IN RE: THE ADOPTION OF A MALE CHILD, D.P.E.
Court: TCA
Attorneys:
Charles Buford Dungan, Maryville, Tennessee, for the appellant, M.L.P.E.
Paul G. Summers, Attorney General and Reporter, and Douglas Earl Dimond, Senior Counsel,
General Civil Division, Nashville, Tennessee, for the Appellee, State of Tennessee, Department
of Children's Services.
Theodore Kern, Knoxville, Tennessee, for the appellees, Ronald (Dale) Smith and Sheila Smith.
Judge: LEE
This is a parental termination case. Before trial, the trial court inquired if the parties wanted a
guardian ad litem appointed to represent the interests of the minor child. The parties indicated
that no guardian ad litem was needed. After a contested hearing, the trial court terminated the
parental rights of both parents. The sole issue we address in this appeal is whether the trial court
was required to appoint a guardian ad litem for the child when the parties did not request the
appointment of one. After careful review, it is our determination that because this was a
contested parental termination proceeding, the trial court was required to appoint a guardian ad
litem for the minor child pursuant to Tenn. S. Ct. R. 13 Section 1(d)2(D). This was not a matter that
could be waived by the parties. Therefore, we vacate the judgment of the trial court and remand
for appointment of a guardian ad litem and a trial on the merits.
http://www.tba2.org/tba_files/TCA/2006/dpe_082206.pdf
CHARLES McRAE, ET AL. v. C.L. HAGAMAN, JR., ET AL.
Court: TCA
Attorneys:
Jon G. Roach and Hanson R. Tipton, Knoxville, Tennessee, for the Appellant, W. Howard
Henegar.
W.F. Shumate, Jr., Knoxville, Tennessee, for the Appellees, Charles and Joanna McRae.
Judge: LEE
This action arises from a sale of real estate. After the sale was completed, the buyers, Charles
and Joanna McRae, discovered that a 1.533-acre portion of the property they thought was part of
the sale was not included. The McRaes filed this lawsuit against C.L. Hagaman (the seller) and
W. Howard Henegar (the real estate broker), alleging that they negligently misrepresented that
the disputed tract was part of the sale. After the trial court entered judgment against Mr.
Henegar, he appealed. On the first appeal, this Court found substantial evidence of negligence
on Mr. McRae's part, and remanded with instructions to the trial court to apply the principles of
comparative negligence. On remand, the trial court found Mr. McRae to be 25% at fault and Mr.
Henegar 75% at fault. Mr. Henegar again appeals, arguing that the trial court should have held
Mr. McRae's fault to be at least equal to his own, and thereby should have dismissed the action.
We hold that the evidence does not preponderate against the trial court's determination that Mr.
Henegar was 75% at fault in negligently misrepresenting that the disputed tract was included in
the sale, and therefore we affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCA/2006/mcraec_082206.pdf
PATRICK DALE POTTER v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
William Lee Gribble, II, Maryville, Tennessee, for the petitioner, Patrick Dale Potter.
Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General;
Michael L. Flynn, District Attorney General; Robert Headrick, Assistant District Attorney
General for the Appellee, State of Tennessee.
Judge: WEDEMEYER
In 1999, the Petitioner, Patrick Dale Potter, pled guilty to one count of rape and received an
eight-year sentence, with all but six months suspended. In 2001, the Defendant's probation was
revoked, and he was ordered to serve the remainder of his sentence in prison. He filed a petition
for a writ of habeas corpus, alleging that the trial court lacked jurisdiction to hear and accept his
guilty plea because he was a juvenile when he committed the offense and a proper transfer
hearing had not been conducted. After a hearing, the trial court dismissed the petition, and we
affirm the judgment of the trial court.
http://www.tba2.org/tba_files/TCCA/2006/potterp_082206.pdf
STATE OF TENNESSEE v. JEFFREY OWEN WALTERS
Court: TCCA
Attorneys:
Hershell D. Koger, Pulaski, Tennessee, for the Appellant, Jeffrey Owen Walters.
Paul G. Summers, Attorney General and Reporter; C. Daniel Lins, Assistant Attorney General;
W. Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District
Attorney General, for the Appellee, State of Tennesse
Judge: HAYES
The Appellant, Jeffrey Owen Walters, was convicted by a Marshall County jury of second
degree murder and sentenced to twenty-three years and nine months in the Department of
Correction. On appeal, he has raised two issues for our review: (1) whether the evidence is
sufficient to support the conviction; and (2) whether the State failed to furnish Walters all of his
in-custody statements in violation of Tenn. R. Crim. P. 16. Following review, we conclude that
the evidence is sufficient to support the verdict, and, although we find that the State violated the
discovery rule, we conclude that the error is harmless. Accordingly, the judgment of conviction
is affirmed.
http://www.tba2.org/tba_files/TCCA/2006/waltersJ_082206.pdf
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| TODAY'S NEWS |
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Legal News
Election 2006
Legislative News
BPR Actions
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| Legal News |
| Ninth candidate files for Supreme Court vacancy |
| Russell T. Perkins with the Office of the Tennessee Attorney General in Nashville is the ninth candidate to file an application for the Supreme Court. He joins David Day of Cookeville, Nathan B. Pride of Jackson, Steven R. Walker of Memphis, John T. Fowlkes Jr. of Memphis, Stephanie R. Reevers of Nashville, Sean Antone Hunt of Memphis, Judge D'Army Bailey of Memphis and Judge J.C. McLin of Memphis.
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| Barker honored by Sigma Chi |
| Tennessee Supreme Court Chief Justice William M. Barker was cited as one of the area's most distinguished members of the Sigma Chi International Fraternity as he was presented with one of the fraternity's highest honors. |
The Chattanoogan.com has more
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| Courtroom named for Wexler |
| In a packed ceremony on Friday afternoon, the smaller courtroom on the main floor of the Greene County Courthouse was named for Circuit Court Judge Ben K. Wexler. |
The Greeneville Sun has the story
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| For sale: 1 used jail |
| The new justice center in Sequatchie County ends an era in downtown Dunlap.
The opening this summer of the $6.6 million Sequatchie County Justice Center means the old lockup could wind up on the auction block, County Executive David B. Barker said. |
Read about it in the Chattanooga Times Free Press
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| Legislative News |
| Sen. Cooper indicted on 3 felony charges |
| State Sen. Jerry Cooper was indicted today by a federal grand jury in Chattanooga on three felony counts stemming from his role in a land deal that has led to two other convictions. Cooper, D-Morrison, is accused of bank fraud, mail fraud and conspiracy to commit bank and mail fraud. He could face aup to 65 years in prison and more than $2 million in fines. Cooper has agreed to surrender himself to be arrested "sometime next week."
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Read the story in the Tennessean
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| Election 2006 |
| State investigates process for filling vacancy left by Trail |
| State officials are trying to determine who will replace recently elected Rutherford County Circuit Judge Larry Trail following his death Sunday. Tennessee Supreme Court spokeswoman Sue Allison stated that, "We've never, in our memory, had a situation like this before so we're having it researched. At this point, we just don't know." When dealing with midterm vacancies, the Judicial Selection Commission recommends a list of names to the governor, who then makes an appointment. But a midterm death appears to be unprecedented in the state, Allison said. Trail would have started his term Sept. 1.
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The Tennessean has more
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| Sells contests election |
| Criminal Court Judge Lillie Ann Sells, who lost her seat to Assistant District Attorney David Patterson, has filed a lawsuit contesting the election. Among other things, the suit claims two incidents that occurred in Cumberland County on election day were either illegal or should not have happened and claims they may have affected the outcome of her race.
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Read more in the Crossville Chronicle
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| BPR Actions |
| Memphis lawyer held in contempt |
| On Aug. 17, the Tennessee Supreme Court held Bretran R. Thompson in willful contempt of court, sentenced him to 50 days in jail and ordered that he pay the costs of the proceeding. The court's action was based on the Board of Professional Responsibility and a report from a special master who reviewed the case. The board found that Thompson had taken funds from potential clients and promised to represent them while he was disbarred.
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Read the BPR's release
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