Governor gets new candidates for Supreme Court post

The Tennessee Judicial Selection Commission has presented Gov. Bredesen two previous candidates and added a new one for consideration to fill a Tennessee Supreme Court vacancy. Those submitted are Judge D'Army Bailey, Memphis; Judge William C. Koch Jr., Nashville; and Judge C. Creed McGinley, Savannah. The vacancy was created by the retirement of Justice Adolpho A. Birch, Jr.

Judge McGinley is a circuit court judge in Tennessee's 24th Judicial District at Savannah. Judge Bailey, a circuit court judge for Tennessee's 30th Judicial District at Memphis, and Judge Koch, a member of the Tennessee Court of Appeals, were both on the last list of candidates sent to the governor. Before considering that list, the governor argued it was invalid because it also included J. Houston Gordon, who the governor had earlier rejected. The courts agreed, prompting the commission to present this new panel of candidates.

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STATE OF TENNESSEE v. ANTHONY R. AIKENS, aka TONY AIKENS

Court: TCCA

Attorneys:

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; and Edward Bailey, District Attorney General Pro Tempore, for the appellant, State of Tennessee.

T. Scott Jones, Knoxville, Tennessee, for the appellee, Anthony R. Aikens.

Judge: WELLES

The Defendant, Anthony R. Aikens, aka Tony Aikens, was indicted for one count of extortion. The Defendant filed a motion to dismiss the indictment, which the trial court granted. The trial court concluded that the rule prohibiting indictment of any witness for any offense in relation to which he had been "compelled to testify before the grand jury by the district attorney general" required dismissal of the indictment against the Defendant. See Tenn. R. Crim. P. 6(j)(7) (2005). The State appeals from the order of dismissal. Because the indictment was improperly dismissed, we reverse and remand for further proceedings.

http://www.tba2.org/tba_files/TCCA/2007/aikensa_041607.pdf


STATE OF TENNESSEE v. MICHAEL STEPHEN COX

Court: TCCA

Attorneys:

Stephen M. Wallace, District Public Defender, and Joseph H. Harrison, Assistant Public Defender, for the appellant, Michael Stephen Cox.

Robert E. Cooper, Jr., Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and B. Todd Martin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WILLIAMS

Michael Stephen Cox, the defendant, appeals from a denial of his application for alternative sentencing. The defendant entered a best interest guilty plea, pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160 (1970), to reckless aggravated assault (Class D felony) for a two-year sentence, with the manner of service to be determined by the trial judge. After a hearing, alternative sentencing was denied and the defendant was ordered to serve two years of confinement as a Range I, standard offender. After review, we conclude that the denial of alternative sentencing was proper and affirm the sentence.

http://www.tba2.org/tba_files/TCCA/2007/coxm_041607.pdf


TODAY'S NEWS

Legal News
TBA Member Services

Legal News
Gonzales' testimony set for Senate Tuesday
Attorney General Alberto Gonzales said on Sunday that he has "nothing to hide" in the firings of eight federal prosecutors, but that his memory wasn't clear about it all. On Tuesday he'll be in the spotlight again as he testifies before the Senate Judiciary Committee. It may not be a case of saving his job anymore, but finding if there are deeper issues that need investigation.
The Commercial Appeal carried this story from McClatchy Newspapers
Juror excused in Ford trial, FBI agent questioned
U.S. Dist. Judge J. Daniel Breen excused one member of the jury in state Sen. John Ford's bribery trial after the juror informed the court of a death in his family, the Commercial Appeal reports. The juror will be replaced by the thirteenth juror, whom lawyers for the prosecution and defense spent hours selecting last week. The jury includes four alternates instead of the traditional two. Also, Ford's lawyer began today trying to discredit an FBI agent who told a federal court jury he paid bribes to the Memphis lawmaker.
The News Sentinel has this story
Winkler daughter testifies
Mary Winkler's 9-year-old daughter testified in court this afternoon in her mother's trail where the mother is accused of killing Matthew Winkler, the girl's father. "I saw daddy laying on the floor face down," Patricia Winkler said.
Read more in the Tennessean
Capital-case attorney sent to aid in trial
The state Supreme Court sent help in the form of Susan Jones to assist Judge Jerry Beck with the first-degree capital murder trial of Nikolaus Johnson in Blountville. Court officials say Jones, a capital-case attorney, is there to help as a resource. Jury selection has been slow-going, but without Jones it would've been worse, they say.
TriCities.com has more
Duke students' nightmare recounted
In the aftermath of N.C. Attorney General Roy Cooper dropping all charges against three accused Duke University lacrosse players and declaring them innocent, 60 Minutes' Lesley Stahl speaks with Cooper and has exclusive interviews with the Duke students.
Listen to the 60 Minutes' interviews
DA Johnson lists lessons from Duke debacle
In an editorial, Davidson County District Attorney Torry Johnson outlines some lessons that should be learned from the botched case involving the Duke University lacrosse players.
Read Johnson's opinion piece in the Tennessean
Newspaper supports Tennessee Plan
The Mountain Press comes out in favor of the Tennessee Plan, calling the process in states with judicial elections "obscene" and describing it as "piles of money donated from special interest groups trying to control the judicial appeals process and candidates required to make promises and reveal positions before ruling in cases."
Read the editorial
Knox firm finds IP niche
A Knoxville law firm focuses exclusively in intellectual property and claims the title of being the largest firm in the state with the specialty. Firm partner Mark Graham talks about the trends in this area of the law and how his firm, Luedeka, Neely & Graham, has met the need.
News Sentinel columnist Andrew Eder writes about the firm
Avoiding bankruptcy for young adults is program's goal
CARE -- Credit Abuse Resistance Education -- is being taken into Memphis schools by the U.S. Bankruptcy Court. The court's administrative analyst, Kelly Rousseau, goes to economics classes to give the training. "We cover the consequences of having bad credit, what they need to avoid, reasons for not having a credit card," Rousseau said.
Read about the program in the Commercial Appeal
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%. In addition, those with consolidation loans greater than $10,000 are eligible to reduce their interest rate by another 1.5% for on-time payments and automatic debit payments.
Learn more

 
 
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