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


Court: TCA


Brenda Williams, Pro Se.

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


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.


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


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.


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.



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

Court: TCA


Clifton Corker, Johnson City, Tennessee, for appellant.

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


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.



Court: TCCA


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.



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