(03/16/2004)
Students from three public and private high schools in Dickson County will hear arguments in two actual Supreme Court cases as participants in a program designed to educate young Tennesseans about the judicial branch of government.
The 223 students and their teachers will attend a special Supreme Court session April 6 at the Dickson County Courthouse Annex in Charlotte in conjunction with the county’s bicentennial celebration. Students will be divided into two groups, with each hearing oral arguments before the Supreme Court in one case. Each group will then meet for question and answer sessions with the attorneys who argued the cases students heard.
“The Dickson County Courthouse, which was constructed in 1831, is the oldest active courthouse in the state of Tennessee,” said Court of Criminal Appeals Judge Thomas Woodall, who is coordinating the SCALES Project. “The Supreme Court sat in Charlotte on a regular basis in the early 1800s, so it is appropriate for the court to return as part of the county’s 200 th birthday celebration.”
Schools participating in SCALES - an acronym for the Supreme Court Advancing Legal Education for Students – are Creek Wood High School, United Christian Academy and Dickson County High School. Teachers whose classes are involved in the project attended a three-hour professional development session where they were given an overview of the cases to be argued at SCALES. They also were provided with notebooks of materials to use in their classrooms, including suggested activities, and SCALES Project handbooks for each student.
"The Tennessee Supreme Court believes that knowledge and understanding of the judicial branch of government are essential to good citizenship,” Chief Justice Frank Drowota said. “The SCALES Project is designed to educate young participants about the system they will inherit. The interaction we have with the students renews our faith that our nation’s future is in good hands.”
Local judges and attorneys also met with participating teachers at the professional development session to schedule classroom visits to review the cases and issues to be considered by the Supreme Court. After justices rule in the cases, copies of the court's opinions will be provided to the classes and posted on the court system website.
"The SCALES Project is important because it creates a partnership between the judiciary, the Bar and schools to promote a better understanding of the judicial branch of government," the chief justice said. "We hope that teachers will use the materials to make judicial education a continuing part of their curriculum."The two civil cases students will hear in Charlotte are Larry Eugene Benton v. Vanderbilt University and Johnny Phillips v. A&H Construction Co., Inc. The Benton case involves a written contract between Vanderbilt University and Blue Cross Blue Shield of Tennessee. The contract contained a provision that Vanderbilt would accept as full payment for specified medical services a percentage of normal charges. The plaintiff in the case, Larry Eugene Benton, was insured by Blue Cross when he was injured in an automobile accident in which the driver of the other vehicle was at fault.
Benton was treated for his injuries at Vanderbilt University Medical Center, which was paid a reduced amount under the Blue Cross contract. The hospital then filed a notice of lien for the difference of $14,800 against any proceeds Benton might recover from the driver responsible for the accident.
Benton, in turn, sued Vanderbilt contending the hospital breached its contract by filing a lien and attempting to collect the portion of its bill not paid by Blue Cross. He filed the suit as a class action, including others insured by Blue Cross and all insurance companies with similar contracts with Vanderbilt.
A trial court denied a motion by Vanderbilt seeking to compel arbitration in the case, finding that Benton was not bound by an arbitration clause in the contract between Vanderbilt and Blue Cross. On appeal, the Court of Appeals reversed the trial court and found that “a third-party beneficiary to a contract who chooses to assert claims under the contract must accept both the benefits and burdens of that contract” and cannot “pick and choose.”
Benton then appealed the decision to the Supreme Court, which granted his application and agreed to decide the case.
The issue in the Phillips case is whether a worker can receive workers compensation when his injury was due to a medically unexplainable loss of consciousness that resulted in an accident. He was seriously injured when he fainted while transporting other workers to job sites and struck a tractor-trailer.
He received seven weeks of total disability benefits, which were then stopped by the company. He sued to obtain additional benefits, including medical expenses, and filed a motion for temporary benefits pending a resolution in his case.
The trial court denied his request for temporary benefits, finding that his injuries did not qualify because the accident resulted from a non-work related loss of consciousness.
When the trial court denied his motion, Phillips filed an appeal to the Supreme Court. In workers compensation cases, appeals may be filed directly to the Supreme Court, bypassing the Court of Appeals.
(03/12/2004)
Appellate Court Clerk Qualifies for Boston Marathon
Tennessee Appellate Court Clerk Mike Catalano has qualified to compete April 19 in the 107 th annual Boston Marathon, the oldest and most prestigious 26.2 mile road race.
To be eligible, participants must run qualifying times, based on their ages, at certified marathons. The number of participants is limited to 20,000 for the Boston race, which is held on Patriot’s Day, a state holiday in Massachusetts.
“I’ve been running since 1988 and have completed 11 marathons, including the Boston Marathon twice,” Catalano said. “ Boston is also one of the hardest marathons to run. The first 13 miles of Boston are downhill. That sounds great, but it pounds your quads. Plus, there are a series of hills that begin around mile 16 culminating with Heartbreak Hill which is a mile-long steep hill that goes from mile 20 to mile 21.”
Catalano said the race takes runners through seven different towns with crowds of onlookers typically numbering about 750,000 – many of them “having one incredible party.” As runners pass Wellesley College, the women students have a tradition of creating the Wall of Scream where several thousand of them “scream continually,” he said.
“In addition, it is an unwritten tradition at Wellesley that a female student must do 50 things before graduation,” the appellate court clerk said. “One of those 50 things is to kiss a marathon runner during the Boston Marathon. Students will hold up signs saying, ‘Kiss me. I’m a senior.’”
As Catalano ran in his second Boston Marathon, he noticed a Wellesley woman holding a different sign – one that read, “Kiss me if you’re from Tennessee.”
“I couldn't resist,” he recalled. “So, I ran over and planted a big one on her and said, ‘I'm from Nashville.’ She totally freaked and then laughed. I tipped my hat and ran on.”
Catalano said his goal this year is to beat his best previous Boston Marathon time.
“My best Boston was 3:49:12, which isn't very good,” he said.
(03/11/2004)
Judge Stanley to Serve on Supreme Court Workers Comp Panel
Circuit Court Judge Larry B. Stanley of the 31 st Judicial District, including Van Buren and Warren counties, will serve as a special judge on a workers compensation panel at the request of Supreme Court Justice Janice Holder.
"I am looking forward to this opportunity to serve with Justice Holder and Judge William Acree of the 27 th Judicial District," Stanley said.
He will sit on the three-member panel April 5 in Jackson to hear appeals in workers compensation cases. Under state law, the chief justice, by order, refers cases to special workers compensation appeals panels made up of three judges, including a member of the Supreme Court. Decisions of the panels become Supreme Court judgments in the cases.
Stanley, of McMinnville, also serves as chancellor in the 31 st Judicial District. He was elected to his position in 2002, succeeding Judge Charles Haston, who retired. He previously served as city judge in McMinnville, where he is a member of the Rotary Club and works with Habitat for Humanity.
He and his wife, Melissa, have two daughters, Adelia Jane and Mary
Margaret.
(02/12/2004)
Criminal Court Judge Blackburn Receives State Justice Institute Award
Davidson County Criminal Court Judge Cheryl Blackburn has been awarded a State Justice Institute (SJI) scholarship to attend a tw0 week course in General Jurisdiction at the National Judicial College in Nevada.
SJI Executive Director David Tevelin said the award will cover tuition, transportation and lodging. Blackburn and judges from across the country will share ideas on courtroom and case management, including cases involving self-represented, or pro se, litigants.
Blackburn, a former prosecutor, has been on the bench in the 20 th Judicial District since 1996. She will attend the college in Reno March 22-April 1.
Federal law created SJI in 1984 to award grants to improve the quality of justice in state courts. The institute has awarded more than $100 million supporting more than 1,000 projects.
The National Judicial College was founded in 1963. The school averages 85 courses a year with more than 2,700 judges enrolling from across the nation. It is located on the campus of the University of Nevada, Reno and includes technology-enhanced classrooms, a 75,000-volume law library, state-of-the-art model courtroom, modern seminar rooms, distance education facilities, computer lab and offices of the Donald W. Reynolds National Center for Courts and Media.
(02/10/2004)
Supreme Court to hear arguments on indigent defense rule change
Prosecutors, public defenders, the Tennessee Bar Association and foreign language interpreters are among groups participating Wednesday when the Tennessee Supreme Court hears arguments concerning proposed changes in a rule governing state-paid indigent defense.
The court, which normally limits oral arguments to one hour, has set aside two hours to hear comments on the proposal and revisions suggested by lawyers, interpreters, expert witnesses and others involved in the legal system. The session will begin at 1 p.m. at the Supreme Court Building in Nashville.
Changes are aimed at tightening Supreme Court Rule 13 detailing how court-appointed attorneys and experts, such as psychiatrists and investigators, are paid by the state. Until the court adopts its revised rule, a section setting hourly rates and guidelines for payment of foreign language court interpreters and translators will remain in effect.
The state's indigent defense budget for the current fiscal year is $16.9 million, including $1 million appropriated by the legislature for court-appointed interpreters and translators. The Administrative Office of the Courts receives and reviews indigent defense claims and disburses the payments. In fiscal year 2002-03, more than 66,000 claims were processed for payment.
(02/03/2004)
Judge Sells Heads Local Team at Disaster Preparedness Conference
Disasters with the potential to disrupt - or even shut down - court systems can be as diverse and unpredictable as tornados or unanticipated high-profile cases, such as the 2000 election dispute in Florida, Criminal Court Judge Lillie Ann Sells said.
Judge Sells led a local delegation invited to participate in a statewide disaster preparedness seminar conducted by the Administrative Office of the Courts and funded under an agreement with the State of Tennessee, Department of Finance and Administration, Office of Criminal Justice Programs. Other representatives from the 13 th Judicial District, including Clay, Cumberland, DeKalb, Overton, Pickett, Putnam and White counties, were White County General Sessions Judge Sam Benningfield; Cumberland County Circuit Court Clerk Larry Sherrill; and Tyler Smith of Putnam County Emergency Management Services.
"The message we took home was that disasters can come in many forms and are not just those we generally think about, such as fires, storms and even terrorism," Judge Sells said. "Having plans to cover all kinds of problems will minimize their effect on the judicial system. We are in the process of developing those plans so we will be prepared in the event that we are unfortunate enough to face a disaster."
She said the seminar included local officials from Jackson and Clarksville, where court facilities were destroyed by tornados. The participants shared information about plans they had in place at the time that were helpful and what they would do differently if disaster were to strike again.
Other speakers and panelists discussed disasters ranging from mold that forced the closing of a Florida court building to the 9-11 terrorist attacks. Speakers included Craig Waters, public information officer for the Florida Supreme Court, who was spokesperson during the Florida election case and who helped prepare the Florida judicial system's disaster preparedness plan. He discussed the impact of high-profile cases on the operation of courts and also how to prepare for natural and other disasters. Florida's disaster plan is considered a national model for judicial systems.
Mai Yee, communications director for the New York Unified Court System, told the 87 attendees from across Tennessee, how courts in her city coped following the terrorist attacks and what has been done since then to prepare for any future disasters. Walt Hampton, technology division director for the Administrative Office of the Courts, offered suggestions for protecting electronic records and Steve Steadman, with Policy Studies, Inc. of Denver, discussed, "Where to Begin - Developing a Disaster Plan."
"The seminar was especially helpful because it did not focus on only one type of disaster or offer one-dimensional plans for preparing and coping," Judge Sells said. "Disaster can strike any community in this state and it is critical that if it does, the judicial system continue to function or resume functioning as quickly as possible. Careful and thoughtful planning is the key to ensuring that would happen."
(01/29/2004)
Memphis Public Hearing Set for Circuit Court Applicants
The public will have an opportunity Feb. 12 to its views on 13 attorneys who have applied to fill a 30th Judicial District vacancy created by the retirement of Circuit Court Judge Robert Lanier, who retired in December after serving 21 years.
The state Judicial Selection Commission will conduct a public hearing at 5:30 p.m. at the Holiday Inn Select downtown in Memphis. The commission will reconvene at 9 a.m. Feb. 13 for private interviews with the applicants before submitting three names to Gov. Phil Bredesen who will appoint a new judge to fill Lanier’s unexpired term. The position will be on the ballot Aug. 5, and again in 2006 for a full eight-year term.
Attorneys hoping to succeed Lanier are Stephen H. Biller, James E. Bingham, John R. Cannon Jr., Frank S. Cantrell, Donna Marie Fields, Mitzi C. Johnson, Sherrie Miller Johnson, Caren Beth Nichol, Fred M. Ridolphi, Jr., Jerry F. Taylor, Lonnie B. Thompson, Karen Wilson Tyler and Ellen B. Vergos.
(01/21/2004)
State Supreme Court Rejects Jury Issues in Death Row Inmate's Appeal
The Tennessee Supreme Court has rejected jury-related issues raised by Tony Carruthers in an appeal of his three convictions and death sentences for the 1994 murders of a Memphis woman, her son and another man who were buried alive in a cemetery.
Carruthers' petition to appeal was denied Tuesday along with a petition by another death row inmate, David Earl Miller, whose victim was a Knox County mentally handicapped woman. Miller claimed he was entitled to legal relief under a United States Supreme Court decision, Ring v. Arizona . The Ring decision dealt with how defendants are sentenced to death and required that a jury, not a judge, find aggravating circumstances beyond a reasonable doubt. In Tennessee, jurors decide both guilt and punishment in capital cases.
In his post-conviction appeal, Carruthers said the state Court of Criminal Appeals erred when it reversed a trial court order allowing his attorney to interview two jurors who complained about his conduct during the trial. The appeal also claimed the Court of Appeals erred when it suggested guidelines for obtaining information from jurors and that the anonymous jury was not properly impaneled.
Jurors who convicted and sentenced Carruthers and co-defendant, James Montgomery, for the murders of Marcellos Anderson, his mother Delois Anderson and Frederick Tucker were identified by numbers instead of their names. Judge Joseph B. Dailey used the system to protect jurors' identities because of concerns about their safety.
Carruthers, who represented himself during the guilt and sentencing phases of his trial, objected to the use of anonymous jurors, but the issue was not raised in his direct appeal. In 2000, the Tennessee Supreme Court affirmed Carruthers' convictions and sentences.
(01/09/2004)
Bredesen Extends Temporary Reprieve In Workman Case
Governor Phil Bredesen extended the temporary reprieve in the execution of Philip Workman today. The decision to grant this extension was made after consultation with Tennessee Attorney General Paul Summers.
The reprieve, originally set to expire on January 15, has been extended for three months as the federal criminal investigation that may be related to the case continues. The Governor issued the following statement in conjunction with his decision:
“After conferring with the Attorney General, I have decided to extend Mr. Workman's reprieve until the federal investigation is completed and its relevance to the case is determined. As a result, I'm extending the temporary reprieve until April 15.
I believe the death penalty should be carried out judiciously. As long as there continue to be outstanding questions related to this case, the proper thing to do is to wait until those questions have been answered.”
The extension to the reprieve signed by Bredesen today postpones plans for Workman's execution until April 15. At that time, depending on the outcome of the investigation and analysis of its impact on this case, the Attorney General could seek a new execution date from the State Supreme Court. Workman's execution was originally scheduled to occur on September 24, 2003.
(01/08/2004)
Circuit Court Judge to be Deployed, General Sessions Judge Returns
As one Tennessee judge prepares to hang up his black robe and don a military uniform, another is heading home to Cocke County after a year of active duty, including nearly four months in Mosul, Iraq, helping local officials create a judicial system.
Circuit Court Judge Craig Johnson of Coffee County will become the first state trial court judge deployed during the Iraq war when he receives the official orders he expects “any time.” Johnson, a major in the National Guard, is part of a combat heavy engineer battalion, but said he is not headed to Iraq.
“I'm going overseas, but they tell us not to say too much about what we're doing individually, so I'd rather not say where,” said Johnson, who will leave a wife and three young children at home for up to a year.
Cocke County General Sessions Judge John Bell arrived back in the United States on Christmas Eve, but will remain at Fort Campbell for at least another week. The Army National Guard lieutenant colonel was deployed in January, 2003, and served as chief of the Criminal Division at Fort Campbell. He later was assigned to Mosul where he was “judicial architect for the reformation and reconstruction of the judicial infrastructure for all of Northern Iraq.” In an email message from Iraq, Bell said his job as chief of the Mosul office of Judicial Operations was to rebuild courthouses and restructure court systems.
During his year-long absence, nearly 40 judges from across Tennessee volunteered to handle Bell's docket and other court-related responsibilities. The judges took care of their own caseloads and traveled to Cocke County to cover for Bell without receiving pay or expenses for the added duties.
Johnson, a member of the Guard for two decades, said he does not mind being placed on temporary active duty for the second time. In 1991, before he became a judge in the 14 th Judicial District, Johnson also spent about eight months in the Gulf during Operation Desert Storm.
“The first time I was called up I was fresh out of law school and had just taken the Bar exam,” he said. “If I were in private practice, it would be more difficult, but those of us in government are encouraged to be in the military. It's a good thing.”
During his absence, Johnson's docket will be covered by Retired Judge Gerald Ewell, Sr. Chief Justice Frank Drowota designated Ewell, who retired in 1998 and was succeeded by Johnson.
(01/05/2004)
Supreme Court Upholds Death Sentences for Father Who Murdered Children
The Tennessee Supreme Court has upheld four convictions and death sentences jurors imposed on a Bedford County father who walked into the Shelbyville Police Department and confessed he had shot his children to death.
Daryl Keith Holton was convicted in 1999 of four counts of first degree premeditated murder for killing the girl and three boys, who were 4, 6, 10 and 12 years old. He told his estranged wife he was taking the children to a movie on Nov. 30, 1997, and would return them to her that night. Holton, 36 years old at the time, drove the children to an automobile repair garage where he lived and worked, told them to cover their eyes because he had a surprise and then shot them with an SKS semi-automatic rifle.
He later drove to the police station and said he wanted to report a "homicide times four." He told officers he killed the children because he had not been allowed to see them for several months. Holton also said he loved the children, but had no regret or remorse for killing them.
"We have considered the entire record in this case and find that the sentences of death were not imposed in any arbitrary fashion, that the sentences of death are not excessive or disproportionate, that the evidence supports the jury's finding of the statutory aggravating circumstances and the jury's finding that these aggravating circumstances outweigh mitigating factors beyond a reasonable doubt," Chief Justice Frank Drowota, III, wrote in the majority opinion.
In a separate concurring/dissenting opinion, Justice Adolpho A. Birch, Jr., said he agrees with Drowota and Justices E. Riley Anderson, Janice Holder and William Barker that the convictions should be affirmed.