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:


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Howard H. Vogel
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Court: TSC



Court: TCA


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.



Court: TCA


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.



Court: TCCA


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.


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.



Court: TCCA


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.



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Election 2006
Legislative News
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Read the BPR's release

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