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.

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Court: TSC



Court: TCA


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.


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.



Court: TCCA


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.


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.



Court: TCCA


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.



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