Thursday's primary includes judicial retention vote

Tomorrow, Thursday, Aug. 7, is the Tennessee statewide primary and county general election. Seats on the ballot -- depending on district -- include primary contests for the U.S. Senate, U.S. House of Representatives, even-numbered state Senate seats, and the state House, as well as various county government and school board offices. The ballot also includes a retention vote on seven judicial offices. The Judicial Evaluation Commission has released two reports on the individuals subject to retention votes. Read the first report and the addendum on the AOC's web site.
TODAY'S OPINIONS
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J. WILLIAM JOHNSON and BRENT W. JOHNSON, v. REGGIE MERRITT

Court: TCA

Attorneys:

James H. Snyder, Jr., Alcoa, Tennessee, for appellant, Reggie Merritt.

Brent W. Johnson, Maryville, Tennessee, for appellees, J. William Johnson and Brent W. Johnson.

Judge: FRANKS

Appellant's appeal from the Sessions Court was dismissed by the Circuit Court as untimely filed. On appeal, we reinstate the case for trial.

http://www.tba2.org/tba_files/TCA/2008/johnsonj_080608.pdf


WILLIE BOB KING v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Bud Sharp, McMinnville, Tennessee, for the appellant, Willie Bob King.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Lisa Zavogiannis, District Attorney General; and Thomas Miner, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Willie Bob King, appeals the Warren County Circuit Court's denial of his petition for post-conviction relief from his convictions for two counts of aggravated burglary, two counts of aggravated assault, and one count of resisting arrest and resulting effective thirty-year sentence. On appeal, the petitioner contends that he received the ineffective assistance of counsel and that his sentences are excessive and disproportionate to similar cases in other jurisdictions. Based upon the record and the parties' briefs, we affirm the judgment of the post-conviction court.

http://www.tba2.org/tba_files/TCCA/2008/kingw_080608.pdf


JOHNNY L. MCGOWAN, JR. v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Johnny L. McGowan, Jr., Pro Se.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Elaine Wilber, Assistant Attorney General; and William C. Whitesell, Jr., District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Petitioner, Johnny L. McGowan, Jr., appeals from the trial court's dismissal of his petition for a writ of error coram nobis. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We grant the State's motion and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2008/mcgowanj_080608.pdf


TODAY'S NEWS

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Legal News
Four contenders for criminal court judgeship in Memphis
Four Memphis attorneys are running for criminal court judge in Thursday's election. They are Criminal Court Judge John Fowlkes Jr., assistant public defender Latonya Burrow, criminal defense attorney Claiborne Ferguson and Juvenile Court attorney Michael Floyd. The Commercial Appeal has more about the candidates. Meanwhile, there are three vying for Shelby County General Sessions Court Clerk.

Suspect waives hearing in Knox church shooting
Jim Adkisson, the man accused of killing two and wounding six in the Knoxville church shooting, has waived a preliminary hearing. His attorney says this move lays the groundwork for an insanity plea by getting his client's mental state evaluated as soon as possible.
The Tennessean has the story
Monroe County prepares to move forward on new jail
After a recent jail inspection, Monroe County is expecting to need a plan for building a new jail and possibly a justice center soon. Overcrowding has been the main issue for the jail, which was built to house 138 prisoners, but averages much more than that on a daily basis. On Monday there were 172 prisoners in the jail.
Here's the story from the Advocate and Democrat
No reprieve from court, execution takes place in Texas
Mexican-born Jose Medellin was executed last night after a four hour delay in which the U.S. Supreme Court weighed his appeal and rejected a reprieve. The case drew international attention with objections of the World Court and the Mexican government, which contended he was denied access to legal help from his consulate. Medellin, who came to the U.S. when he was three years old and grew up in Houston, never sought Mexican consular protection until four years after he was arrested and had been convicted.

Bin Laden driver convicted, Guantanamo closure may be a step closer
At Guantanamo Bay, the driver for Osama bin Laden, Salim Hamdan, was convicted today for supporting terrorism but acquitted on the more serious charge of conspiring with al Qaeda, the Washington Post reports. With this case moving forward after years of delays, the legal status of nearly a third of those housed at Guantanamo Bay may become clearer, the Leaf-Chronicle reports. Meanwhile, the Bush administration notified foreign law enforcement visiting their citizens held at Guantanamo Bay that video and sound from their interrogations would be recorded. Read more on that from the Post.

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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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