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

TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.

01 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
02 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

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


TODAY'S NEWS

Legal News
Election 2006
Legislative News
BPR Actions

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.

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
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
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
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."
Read the story in the Tennessean
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.
The Tennessean has more
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.
Read more in the Crossville Chronicle
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.
Read the BPR's release

 
 
UNSUBSCRIBE TO TBAToday? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba2.org/tbatoday/unsub_tbatoday.php

TBALink HomeContact UsPageFinderWhat's NewHelp
 
 
© Copyright 2006 Tennessee Bar Association