6th Circuit rejects domestic surveillance challenge

The 6th Circuit Court of Appeals today ordered the dismissal of a lawsuit challenging President George Bush's domestic spying program, saying the plaintiffs failed to show they were subject to the surveillance and thus had no standing to sue. The 2-1 ruling vacated a 2006 order by a federal judge in Detroit, who found that warrantless surveillance violated constitutional rights to privacy, free speech and the separation of powers. Download the opinion
Read more from CNN.com:

http://www.cnn.com/2007/POLITICS/07/06/court.domestic.spying

TODAY'S OPINIONS
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Editor-in-Chief, TBALink

CITIFINANCIAL, INC. v. BRENDA WILLIAMS

Court: TCA

Attorneys:

Brenda Williams, Pro Se.

K. David Waddell and Christopher J. Oliver, Nashville, Tennessee, for the appellee, Citifinancial, Inc.

Judge: CLEMENT

Former property owner whose rights were extinguished in foreclosure proceedings, appeals the trial court's decision in this detainer action to restore possession of the real property to the plaintiff bank which acquired the property at the foreclosure sale. Finding the appellant failed to provide any record upon which this court could conclude the lower court erred, we affirm.

http://www.tba2.org/tba_files/TCA/2007/citifinancial_070607.pdf


TENNIE MARTIN and ROYA MITCHELL, Co-Personal Representatives of the Estate of KATHRYN L. MARTIN, deceased, and TENNIE MARTIN and ROYA MITCHELL, Individually, as next-of-kin and heirs-at-law of KATHRYN L. MARTIN, deceased, et al., v. NORFOLK SOUTHERN RAILWAY COMPANY and ANTHONY D. WORLEY
With Dissenting Opinion


Court: TCA

Attorneys:

Donald Capparella and Amy J. Jarrar, Nashville, Tennessee, and J.D. Lee, Knoxville, Tennessee, for appellants.

John W. Baker, Jr., and Emily H. Thompson, Knoxville, Tennessee, for appellees.

Judge: FRANKS

Decedent's vehicle was struck by defendants' train at a railroad crossing, resulting in decedent's death. The Trial Court granted Defendants' Summary Judgment. The Estate has appealed. We affirm the Trial Court's Judgment.

http://www.tba2.org/tba_files/TCA/2007/martint_070607.pdf

SUSANO DISSENTING
http://www.tba2.org/tba_files/TCA/2007/martint_dis_070607.pdf


IN RE: M.D.E. a minor child, By M.E.G. and husband, N.G., v. J.J.C.

Court: TCA

Attorneys:

Clifton Corker, Johnson City, Tennessee, for appellant.

John S. Taylor, Johnson City, Tennessee, for appellees.

Judge: FRANKS

A Petition was filed to terminate the parental rights of the father, and the adoption of the child by the mother's husband. Following trial, the Trial Court determined by clear and convincing evidence the statutory ground of abandonment had been proven and that it was in the child's best interest that the father's parental rights be terminated. On appeal we affirm the Judgment of the Trial Court and remand.

http://www.tba2.org/tba_files/TCA/2007/mde_070607.pdf


STATE OF TENNESSEE v. JOSHUA EUGENE ANDERSON

Court: TCCA

Attorneys:

Mike Whalen, Knoxville, Tennessee, for the Appellant, Joshua Eugene Anderson.

Robert E. Cooper, Jr., Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip H. Morton and Paula Ham, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge: WITT

A Knox County Criminal Court jury convicted the defendant, Joshua Eugene Anderson, of eight offenses involving victims Sampson Jonathan McGhee (McGhee) and George England (England). The convictions were: (1) first degree premeditated murder of McGhee; (2) felony murder (robbery) of McGhee; (3) felony murder (theft) of McGhee; (4) attempted especially aggravated robbery (by violence) of McGhee; (5) attempted especially aggravated robbery (by putting in fear) of McGhee; (6) attempted first degree murder of England; (7) attempted aggravated robbery (by violence) of England; and (8) attempted aggravated robbery (by putting in fear) of England. The trial court properly merged certain offenses and sentenced the defendant to serve an effective 25- year sentence in the Department of Correction consecutively to the life-without-parole sentence imposed by the jury. The defendant appeals on several grounds, including whether the trial court erred in: (1) failing to suppress the evidence that resulted from the warrantless search of the defendant's home; (2) failing to suppress the defendant's statement to police; (3) denying defendant's motion to dismiss when the State failed to preserve his entire statement; (4) failing to exclude the defendant's recorded statement when the entire statement could not be entered into evidence; (5) denying a new trial due to prosecutorial misconduct; and (6) declining to answer the jury's question regarding the consequences of not reaching a unanimous verdict at sentencing. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/andersonj_070607.pdf


TODAY'S NEWS

Legal News
TBA Member Services

Legal News
Judge says Chattanooga likely to get new courthouse
Federal Judge Curtis Collier told the Civitan Club today that a moratorium on new federal courthouses had been lifted and Chattanooga is near the top of the list -- "probably in the top three or four" -- to get a new building. He warned, however, that securing a courthouse would be a "long and tortured process."
Learn more from Chattanoogan.com
New appeals candidate files
Russell T. Perkins of White's Creek has added his name to the list of those seeking to fill the Middle Division Court of Appeals seat left open by William Koch's appointment to the Tennessee Supreme Court. Perkins serves in the Office of the Attorney General. Candidates have until July 16 to apply.
Learn more or apply
Hypotheticals in He case raise eyebrows
In a pretend conversation between Anna Mae He and Juvenile Court Judge Curtis Person, filed Monday in a federal lawsuit, the 8-year-old poses questions about her situation. Larry Parrish, who is representing foster parents Jerry and Louise Baker, has used such "what if" questions in a number of his filings. But the content has some concerned. State Attorney General Robert Cooper has called them "extreme, horrifying and irrelevant."
The Commercial Appeal has more
Officer alleges 'history of harassment'
A former Rutherford County jail officer says there is a "history of harassment" and racist tendencies at the city's police department. His comments follow the firings of several jail workers, including himself.
The Tennessean followed the story
DA in thick of Memphis mayoral race
Former Williamson County District Attorney General Joe Baugh is serving as the special prosecutor investigating claims that a woman was paid to entice Memphis mayor Willie Herenton into a seedy encounter. The allegations come at a time when Herenton has indicated his intention to run for office again.
The Memphis Daily News profiles Baugh and his career
New circuit deputy clerk hired
Susan Sissom has been elevated to chief deputy for the Hamilton County Circuit Court. She replaces Mary Faye Payne, who resigned. Sissom has worked in the office for 33 years, the Chattanoogan reports.

The Scopes trial revisited
Critics of the film "Inherit the Wind" plan to shoot an alternative documentary of the Scopes trial titled "Inherit the Truth." Backers of the new film say it will be based more closely on the original trial transcript and will show William Jennings Bryan, the attorney who argued for Biblical creation, in a more positive light, reports the Tennessean. Read more

In related news, A Glade Sun columnist recently wrote about his experience meeting John Scopes and hearing him recount the events surrounding the infamous trial.
Read about it here
Sept. 11 claims lawyer to help Va. Tech
Kenneth Feinberg, who served as special master of a $7 billion federal victim compensation fund following the 9-11 terrorist attacks, will advise Virginia Tech how to aid victims of this past spring's mass campus killings. A fund set up immediately after the incident now totals $7 million, reports WREG-TV.

TBA Member Services
Student loans at low rates through SunTrust
The TBA and SunTrust Bank now have a Partnership Program to help alleviate the burden of student loans. Members and their families can consolidate their federal student loans at a special low fixed rate - right now as low as 5.375 percent. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5 percent for on-time payments and automatic debit payments.
Learn more

 
 
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