Judicial Performance Evaluation Commission announced

Appointees to the newly created Judicial Performance Evaluation Commission were announced today by the Tennessee Judicial Council, Lt. Gov. Ron Ramsey and House Speaker Kent Williams. The Judicial Council appointed E. Riley Anderson of Knoxville, Jeffrey S. Bivins of Franklin, John T. Fowlkes of Memphis, Amy Reedy of Athens and Renata Soto of Nashville. Ramsey appointed John Chase Rambo of Jonesborough and Michael E. Tant of Franklin. Williams appointed John Day of Brentwood and Henrietta Grant of Knoxville.

The Judicial Performance Evaluation Commission, which replaces the Judicial Evaluation Commission, will evaluate the performance of the appellate level judges who are up for re-election. The commission's first job will be to begin their review of Supreme Court Justice Sharon Lee and Court of Appeals Judge John McClarty, who are up for re-election in August 2010. Upon completion of their review, the recommendation of the commission will be made public in March 2010.

Read more from the Administrative Office of the Courts

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SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
AMENDED


Court: TSC

http://www.tba2.org/tba_files/TSC/2009/certlistamended_090109.pdf


SHARON E. PETTY, ET AL. v. THE CITY OF WHITE HOUSE, TENNESSEE

Court: TCA

Attorneys:

Beth L. Frazier, Nashville, Tennessee, for the appellant, City of White House, Tennessee.

Joseph Y. Longmire, Jr., Hendersonville, Tennessee, for the appellees, Sharon E. Petty and Robert K. Petty, Sr.

Judge: DINKINS

Plaintiffs filed suit against City for an injury sustained by falling in a hole located on a grass field owned by the City. In a bench trial, the court found that the City's immunity had been removed since the City had constructive notice of the dangerous condition on its property; the court awarded the Plaintiffs monetary damages. On appeal, the City challenges the trial court's finding that its immunity had been removed, evidentiary decisions, and award of discretionary costs. Finding that the City's immunity had been removed and that there was no abuse of discretion in allowing certain evidence to be admitted at trial, the judgment of the trial court is affirmed. Finding that the trial court exceeded the authority given by rule in the award of some discretionary costs, the award is modified.

http://www.tba2.org/tba_files/TCA/2009/pettys_090109.pdf


STATE OF TENNESSEE v. TREMAINE LETROY PAIGE

Court: TCCA

Attorneys:

James E. Lanier, District Public Defender; Timothy Boxx, Assistant Public Defender, Dyersburg, Tennessee, for the defendant-appellant, Tremaine Letroy Paige.

Robert E. Cooper, Jr., Attorney General and Reporter; Deshea Dulany, Assistant Attorney General, and C. Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

Judge: MCMULLEN

The Defendant-Appellant, Tremaine Letroy Paige ("Paige"), pled guilty to possession of over .5 grams of cocaine, a Schedule II controlled substance with the intent to sell. Pursuant to Tennessee Rule of Criminal Procedure 37, Paige reserved as a certified question of law the issue of whether the trial court erred when it denied his motion to suppress. The certified question of law is "[w]hether Officer Anna McDowell had a legal basis for the traffic stop of the Defendant's vehicle." Following our review of the record, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2009/paiget_090109.pdf


STATE OF TENNESSEE v. MICHAEL LAMAR PRITCHETT

Court: TCCA

Attorneys:

Jeffery L. Stimpson, Munford, Tennessee, for the appellant, Michael Lamar Pritchett.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and Billy Burk, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant, Michael Lamar Pritchett, presents for review a certified question of law as allowed by Rule 37(b)(2) of the Tennessee Rules of Criminal Procedure. The defendant pled guilty to driving under the influence (DUI). As a condition of his guilty plea, the defendant reserved a certified question of law challenging the denial of his motion to suppress based upon his allegation that he was subjected to an unconstitutional investigative stop. Because the defendant failed to meet the requirements of reserving a certified question for review, we dismiss the appeal.

http://www.tba2.org/tba_files/TCCA/2009/pritchettm_090109.pdf


TODAY'S NEWS

Passages
Legal News
TBA Member Services

Passages
Former Sen. Anna Belle Clement O'Brien dies
Former Tennessee State Senator Anna Belle Clement O'Brien died Monday night after complications from a fall two weeks ago. She was 86 years old. O'Brien served in the Tennessee House of Representatives from 1975 to 1977, and later as a state senator from 1977 to 1991. She also served in two gubernatorial cabinets, and was the first woman to chair committees in the Tennessee Senate. O'Brien was the sister of former Gov. Frank G. Clement and wife of the late Tennessee Supreme Court Chief Justice Charles O'Brien. Her nephews are former U.S. Congressman Bob Clement and Judge Frank G. Clement Jr. O'Brien's visitation will be Sept. 3 at Hood Funeral Home, 2371 Highway 127 South, Crossville, Tenn., from noon until 8 p.m.
NewsChannel 5 reports
Legal News
Bailey's departure creates first opportunity for new commission
D'Army Bailey's departure from Division 8 of Circuit Court will be one of the first vacancies to be filled by the newly created Judicial Nominating Commission. Bailey is familiar with the politics of filling judicial vacancies, having applied for a vacancy on the Tennessee Supreme Court in 2006 as Gov. Bredesen questioned and criticized the old process of the Judicial Selection Commission. Bailey's name was on the second slate given the governor by the commission, which the governor also rejected. "I certainly hope that the governor considers having representation and balance, as well as diversity, which is badly needed in this community," Bailey told The Memphis Daily News.

Paper: Federal judge's order 'outrageous'
In an editorial today, the Chattanooga Times-Free Press comments on U.S. District Judge Royce Lamberth's decision to order the government to grant security clearances to lawyers for a former narcotics officer who sued over alleged illegal eavesdropping by the CIA and the State Department. The paper called it "another case of a court exceeding its authority" and referred to the order as "outrageous."
Read the editorial
Memphis lawyer by day, comedian by night
Joe Leibovich is not just an employment lawyer at Memphis's Shuttleworth Williams PLLC. Yes, he does corporate training sessions on harassment avoidance and positive employer relations, but the rest of the time he's a comedian. "My comedy persona and my legal persona are two very different things," said Joe. "They both wear a suit and that's about it."
Read it in the Commercial Appeal
New court: All domestic violence, all the time
Today the Division 10 of General Sessions Criminal Court in Memphis officially becomes the Shelby County Domestic Violence Court. The court, created by an act of the state legislature this summer, is one of nearly 300 across the country specifically addressing the unique problems posed by domestic violence cases. "It will be exclusively domestic violence from this point on," said Judge Lee Wilson, who took the bench in February after the death of Judge C. Anthony Johnson. "I'll handle misdemeanors and felonies, from simple assault to felony murder and everything in between."
The Commercial Appeal reports
Legal blogs come and go, about half make it
A blogger who has tracked 2,300 law blogs since 2000 says nearly half are still alive and kicking, and those that died had a fairly decent life span. Tom Mighell, who writes the Inter Alia blog, told Lawyers USA that failed legal blogs lasted a respectable average of one year and 10 months. The number of new legal blogs peaked in 2005-2006, and since then there has been a decline in new debuts.
ABAJournal.com connects you to this story
Connect to a directory of law-related blogs generated from, or of interest to, the Tennessee legal community
at TBALink's Information Central
Boost your LSAT score with a physics or math degree
Physics and math majors do the best on the Law School Admissions Test, according to a study by an economics professor at the University of North Texas. Physics and math majors have an average LSAT score of 160, well above prelaw and criminal justice majors, who have average LSATs of 148.3 and 146 respectively.
Learn more from ABAJournal.com
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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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