Governor gets new candidates for Supreme Court post

The Tennessee Judicial Selection Commission has presented Gov. Bredesen two previous candidates and added a new one for consideration to fill a Tennessee Supreme Court vacancy. Those submitted are Judge D'Army Bailey, Memphis; Judge William C. Koch Jr., Nashville; and Judge C. Creed McGinley, Savannah. The vacancy was created by the retirement of Justice Adolpho A. Birch, Jr.

Judge McGinley is a circuit court judge in Tennessee's 24th Judicial District at Savannah. Judge Bailey, a circuit court judge for Tennessee's 30th Judicial District at Memphis, and Judge Koch, a member of the Tennessee Court of Appeals, were both on the last list of candidates sent to the governor. Before considering that list, the governor argued it was invalid because it also included J. Houston Gordon, who the governor had earlier rejected. The courts agreed, prompting the commission to present this new panel of candidates.

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Court: TCCA


Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; and Edward Bailey, District Attorney General Pro Tempore, for the appellant, State of Tennessee.

T. Scott Jones, Knoxville, Tennessee, for the appellee, Anthony R. Aikens.


The Defendant, Anthony R. Aikens, aka Tony Aikens, was indicted for one count of extortion. The Defendant filed a motion to dismiss the indictment, which the trial court granted. The trial court concluded that the rule prohibiting indictment of any witness for any offense in relation to which he had been "compelled to testify before the grand jury by the district attorney general" required dismissal of the indictment against the Defendant. See Tenn. R. Crim. P. 6(j)(7) (2005). The State appeals from the order of dismissal. Because the indictment was improperly dismissed, we reverse and remand for further proceedings.


Court: TCCA


Stephen M. Wallace, District Public Defender, and Joseph H. Harrison, Assistant Public Defender, for the appellant, Michael Stephen Cox.

Robert E. Cooper, Jr., Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and B. Todd Martin, Assistant District Attorney General, for the appellee, State of Tennessee.


Michael Stephen Cox, the defendant, appeals from a denial of his application for alternative sentencing. The defendant entered a best interest guilty plea, pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160 (1970), to reckless aggravated assault (Class D felony) for a two-year sentence, with the manner of service to be determined by the trial judge. After a hearing, alternative sentencing was denied and the defendant was ordered to serve two years of confinement as a Range I, standard offender. After review, we conclude that the denial of alternative sentencing was proper and affirm the sentence.


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