(12/26/2006)
The Tennessee Supreme Court has upheld the convictions and death sentences Paul Dennis Reid received for the execution-style murders of three Nashville McDonald’s employees who were shot to death after being forced to lie face down on the floor.
In a majority opinion written by Justice Gary R. Wade, the court rejected all of the issues raised by Reid in his direct appeal. Chief Justice William M. Barker and Justices Janice M. Holder and Cornelia A. Clark concurred in the majority opinion, which affirmed a Court of Criminal Appeals decision.
Retired Justice Adolpho A. Birch, Jr., who heard the case as a specially designated member of the court, wrote a separate opinion in which he agreed that Reid’s convictions should be upheld, but called upon the governor to suspend the use of lethal injections as a “killing agent” until further study.
Jurors convicted Reid and sentenced him to death for the 1997 murders of McDonald’s employees Ronald Santiago, Andrea Brown and Robert Sewell. Reid attempted to shoot a fourth employee, Jose Ramirez Gonzales, but his gun malfunctioned. He then stabbed and kicked Gonzalez, who survived the attack by pretending to be dead. Reid took $3,000 from the restaurant and fled.
Reid has a total of seven death sentences stemming from murders he committed during robberies at McDonald’s, a Baskin-Robbins in Clarksville and a Captain D’s restaurant in Davidson County. All of the convictions and sentences have been upheld by the Tennessee Supreme Court.
Issues raised by Reid in his McDonald’s appeal included a claim that Criminal Court Judge Cheryl Blackburn erred by finding him competent to stand trial.
“In our view, the evidence in the record does not preponderate against the trial court’s finding that the defendant was competent to stand trial,” Wade wrote. “The trial court applied the correct legal standard: whether the defendant had ‘the capacity to understand the nature and object of the proceedings against him, to consult with counsel and to assist in preparing his defense.’”
The Supreme Court also held that Blackburn was not required to recuse herself because she had presided over Reid’s trial for the murders of two Captain D’s employees.
The court set a Jan. 3, 2008, execution date for Reid, who has state and federal appeals remaining in the McDonald’s case.
(11/27/2006)
Even with the wisdom that 23 years on the bench brings, Circuit Court Judge (Div. 5) Kay Spalding Robilio has not stopped learning. She sees the value in gleaning from our nation’s founding fathers the understanding necessary to tackle issues of present day and ultimately to unlock truths in the future.
Along with other distinguished legal counterparts throughout the U.S., Judge Robilio attended a seminar this fall in Savannah, Ga., entitled Judicial Philosophy and American Law. The course had special emphasis on judicial philosophies and historical events that have played a part in forming American law in its present form. Tracing the nation’s history beginning with the Declaration of Independence through the earliest days of the U.S. Constitution and on through the Civil War, the New Deal, and ultimately to present day, this course revisited the past to provide enlightenment for application of judicial philosophies toward future problems.
“The value of the opportunity - - both socially and intellectually - - is incalculable. Judges from across the nation can now speak with the same wisdom on our system of jurisprudence, enlightened by various judicial philosophies, to citizens in their own counties, with school classes and among colleagues,” said Judge Robilio, immediate past president of the Memphis Association for Women Attorneys (AWA).
Inspired by the knowledge gained during the seminar, Judge Robilio plans to organize a Continuing Legal Education Seminar to present to local bar associations next year with a focus on the “History of U.S. Supreme Court Rulings.”
Judge Robilio, an East Memphis resident, also participates in state court conferences, local continuing legal education and Memphis Bar Association classes.
“It’s important to stay current in one’s profession. Just as no one ever ‘arrives’ or tops out as being the best that he or she can be in this lifetime, the pursuit of knowledge and wisdom is a continual journey,” she added.
Judge Robilio’s seminar attendance was supported by a scholarship awarded by the State Justice Institute (SJI), a nonprofit organization established by Federal law to award grants to improve the quality of justice in State courts nationwide, facilitate better coordination between State and Federal courts and foster innovative, efficient solutions to common problems faced by all courts. More information about the Institute is available on the SJI site, www.statejustice.org. Judge Robilio’s seminar was held Sept. 9-14, 2006.
Circuit Court Judge Robert L. Childers of Memphis has been appointed to another term on an American Bar Association commission created to assist lawyers and other legal professionals with addictions, mental health issues and other personal problems that impact their ability to practice law.
ABA President Karen Mathis asked Childers to serve on the Commission on Lawyer Assistance Programs (CoLAP). The commission’s goal is to educate the legal community about impairments and the assistance available to lawyers. It also provides support to state lawyer assistance programs.
Childers has served on the commission or its advisory commission since 2000. He previously served as chair of the Law School Assistance Committee and currently serves as chair of the Judicial Assistance Committee for CoLAP.
“Only in the past two decades has the legal community recognized the importance of these programs,” Childers said. “Until the lawyer assistance programs were created, attorneys with impairment problems often were reluctant to seek help. In some cases, their practices were affected, as well as their personal lives.”
Childers is a member of the commission for the Tennessee Lawyers Assistance Program (TLAP). TLAP provides consultation, assessment, referral, intervention and other services for lawyers, judges, bar applicants and law students with issues such as substance abuse, stress, family problems, depression, gambling and eating disorders. The program was created by the Tennessee Supreme Court in 1999. From its inception through August, 2006, there have been more than 1,500 inquiries and referrals.
“I am proud to have been an original commission member for TLAP,” Childers said. “The good the program does, not only for lawyers, but for the public as well, is impossible to quantify. The same is true for similar programs in every other state.”
(11/20/2006)
Retired Criminal Court Judge Bernie Weinman of Memphis has been retained to fill a new position as assistant disciplinary counsel for the Tennessee Court of the Judiciary, Presiding Judge Steven Stafford, chancellor for the 29th judicial district, said Monday.
Weinman retired in 2004 after serving 30 years as a criminal court judge in Shelby County. He has been in the private practice of law since he left the bench.
As assistant disciplinary counsel, Weinman will work with Chief Disciplinary Counsel Joe Riley in the investigation of misconduct complaints against Tennessee judges. If a complaint is found to have merit, the Court of the Judiciary can impose a range of sanctions, including a public reprimand, private reprimand or a recommendation for removal from office.
“Judge Weinman is the perfect person for the job,” Stafford said. “He is widely respected in the judiciary and will be a great asset to the Court of the Judiciary.”
Riley said he has known Weinman for more than 25 years both personally and professionally and “his integrity and experience clearly qualify him for the job.”
Riley said the Court of the Judiciary received about 350 complaints within the last year. Most were found to be without merit, he said.
(11/15/2006)
Governor Phil Bredesen today appointed Dea Kelly Thomas, Jr. to serve on Tennessee’s Court of Criminal Appeals, Eastern Division.
Thomas, who now serves as a Circuit Court Judge for the state’s Fifth Judicial District, fills a vacancy created when his predecessor, Justice Gary Wade, was appointed to the state’s Supreme Court.
“Judge Thomas is an experienced legal professional who has proven himself in the courtroom and in private practice,” Bredesen said. “I’m confident he will serve the people of Tennessee with fairness, wisdom and professionalism, and I want to thank him for his dedication to our state.”
As Circuit Court Judge, Thomas took an active role in supporting East Tennessee’s drug court programs, which are designed to reduce the number of second offenses by helping rehabilitate drug dependent citizens and transition them into meaningful, socially responsible lifestyles.
Before being elected Circuit Court Judge in 1990, Thomas practiced law in Maryville. Thomas, 54, earned his law degree from The University of Tennessee in 1977 and is an East Tennessee native.
“I want to thank Governor Bredesen for this opportunity to serve my state,” Thomas said. “I am dedicated to upholding his and the public’s trust by supporting our state constitution and administering justice impartially.”
Thomas is president of the Boys and Girls Club’s Advisory Board in Blount County and also serves as director for the Blount County Food Pantry. He is president-elect of the Tennessee Judicial Conference and will assume that office in June 2007.
(11/14/2006)
For Chancellor Thomas (Skip) Frierson, Nov. 18, National Adoption Day, will be special for two reasons - personally, because he and his wife Jane have three adopted children, and professionally as he helps create permanency in the lives of seven young Tennesseans.
Frierson, of Morristown, will open the Hamblen County Courthouse doors at 9 a.m. for a special Saturday adoption ceremony for the seven children, including two siblings.
The formal ceremony will be followed by a celebration. The judge, his staff and the Hamblen County Bar Association are providing refreshments and will decorate the courtroom with balloons. Each child also will receive a special Teddy bear to commemorate the change in their lives. Recognition also will be given to families who have previously adopted children.
For Frierson, the legal duty is a personal pleasur
“As the father of three adopted children - a daughter and two sons - I cannot imagine a more rewarding and fulfilling honor than to have a small role in creating these new families,” he said.
“Handling adoptions is always very special,” Frierson said. “Courtrooms often are the scenes of confrontations and angry exchanges, so it is wonderful to do something in a courtroom that makes so many people happy.”
The Frierson family includes children adopted in the United States and from Russian orphanages.
National Adoption Day was designed to facilitate the adoption of foster children and bring attention to their plight. Across the nation, attorneys, judges, foster care professionals and child advocates join forces to encourage the adoptions of children needing permanent homes.
Frierson and other judges across the nation finalized the adoptions of more than 3,100 children from foster care during 227 National Adoption Day events in 2005. Many of the adoptees had spent most of their lives in state custody. Currently, there are more than 7,100 foster children in Tennessee, including 838 who are eligible for adoption.
Frierson said in some cases parents have voluntarily given up their children, but many others have had their parental rights terminated by the courts because of child abuse or neglect.
(11/13/2006)
Four siblings are among 20 children who will leave the courtroom of Shelby County Chancellor Arnold Goldin on Saturday, Nov. 18, with new families, new last names and new teddy bears to help them celebrate the positive changes in their young lives.
As part of National Adoption Day, Goldin will open his courtroom at 9 a.m. to legalize the childrens’ adoptions and help the newly created families remember the day. The chancellor and his staff are putting up banners and providing refreshments in honor of the event. Information on post-adoption services also will be available. And, in keeping with his annual tradition, Goldin will give each young guest of honor a “New Family” certificate and a special Teddy bear.
“So much of what takes place in courtrooms is adversarial,” Goldin said. “I look forward to this event every year because everyone walks away with smiles on their faces. It is, without question, the most uplifting of my responsibilities as a judge.”
Goldin, Chancellor Thomas Frierson of Morristown and other judges across the nation finalized the adoptions of more than 3,100 children from foster care during 227 National Adoption Day events in 2005. Many of the adoptees had spent most of their lives in state custody. Currently, there are more than 7,100 foster children in Tennessee, including 838 who are eligible for adoption.
National Adoption Month in November and National Adoption Day were designed to facilitate the adoption of foster children and bring attention to their plight. Judges, attorneys, foster care professionals and child advocates join forces during November to encourage the adoptions of children needing permanent homes.
Goldin said in some cases, parents have voluntarily given up the children, but others have had their parental rights terminated by the courts because of child abuse or neglect.
(11/09/2006)
Students from 19 public and private Shelby County high schools will hear arguments in three state Supreme Court cases Nov. 14 as participants in a program that educates young Tennesseans about the judicial branch of government.
The 400 students and their teachers will attend a special Supreme Court session at the Shelby County Courthouse. Each of three groups of students will hear oral arguments in one actual case, followed by a question and answer session with the attorneys for both sides in the cases.
Chief Justice William M. Barker and Justices Janice M. Holder, Cornelia A. Clark and Gary R. Wade will be joined by Court of Appeals Judge Sharon G. Lee to hear the cases. Lee will sit as a special justice because the five-member court has a vacancy. The SCALES session will mark the first time three women have sat on the state Supreme Court.
Schools participating in SCALES - an acronym for the Supreme Court Advancing Legal Education for Students - are Arlington, Bartlett, Collierville, Millington Central, Sheffield, Cordova, East, Hamilton, Hillcrest, Mitchell, Christian Brothers, Memphis Catholic and White Haven High Schools; Faith Heritage Christian Academy; Grizzlies Academy; Hutchison School; Memphis Junior Academy; Memphis University School; Pleasant View School; and St. Agnes Academy.
Since the first SCALES program in 1995, more than 16,000 students across the state have participated.
The Shelby County students and teachers will join the Supreme Court, local judges, attorneys and other guests for lunch and a brief program. The meal is being sponsored by the Memphis Bar Association and a local bank.
Teachers whose classes are involved in the project attended a three-hour professional development session Sept. 28, led by Tennessee Court of Appeals Judge Holly Kirby. The session included a review of cases to be argued at SCALES. The teachers 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 is committed to SCALES because we believe the program plays a role in shaping well-informed good citizens,” Chief Justice William M. Barker of Chattanooga said. “These young people will inherit the system and should understand how it works and how it affects them. Every time we conduct SCALES and I have an opportunity to visit with the students, it renews my faith that our nation’s future is in very good hands.”
Circuit Court Judge Jerry Stokes coordinated the project in Shelby County. He and other local judges and attorneys met with 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 at www.tncourts.gov.
Issues in the cases students will hear include whether the defendants in a lawsuit violated the plaintiff’s right to equal protection of the law at trial by using their jury challenges to remove all African-Americans and all but four women from the jury; whether a trial court judge erred by affirming a district attorney general’s denial of pretrial diversion for a minister who was criminally charged in the death of his daughter; and whether a defendant’s 35-year sentence for second-degree murder was illegal.
(10/30/2006)
Robert E. Cooper, Jr., legal counsel to Gov. Phil Bredesen, was appointed Tuesday by the Tennessee Supreme Court to serve an eight-year term as state attorney general and reporter. Chief Justice William M. Barker will administer the oath of office to Cooper at 3:15 p.m. Wednesday in the Old Supreme Court Chambers at the State Capitol.
Cooper, 49, of Nashville, succeeds former Attorney General Paul Summers, who did not seek reappointment to the position.
“We are confident that Bob Cooper will be an outstanding attorney general,” Barker said. “He has the legal and administrative experience and abilities needed to serve with excellence as the state’s chief legal officer.”
Cooper described the 13 other applicants as “an excellent field of
candidates” and said he was honored to have been chosen by the Supreme
Court.
“The Office of Attorney General is in strong shape and I am excited
about the prospect of leading this group of outstanding lawyers,” Cooper
said. “General Summers has been a vigorous advocate for the rights
of citizens, consumers and victims of crime and I look forward to continuing
that work as well as meeting new challenges that lie ahead for state government.”
Before joining the governor’s office, Cooper was a partner at Bass,
Berry & Sims, PLC, where he specialized in corporate, constitutional
and regulatory litigation. Prior to spending 19 years in the private practice
of law, he served as clerk for U.S. District Judge Louis F. Oberdorfer
in Washington, D.C.
An expert in campaign finance and election law, Cooper has served as an
adjunct professor at Vanderbilt University.
He is a Chattanooga native and graduated as valedictorian from Baylor School in his home town. He holds a bachelor’s degree from Princeton University, where he graduated Magna cum laude, and a law degree from Yale University. Cooper served as chairman of the Daily Princetonian and was managing editor of the Yale Law Journal.
The Supreme Court conducted an open selection process to find Summers’ replacement and encouraged interested attorneys from across the state to apply. Under the Tennessee Constitution, the attorney general, who earns $150,000, is appointed by the Supreme Court.
Duties of Tennessee’s chief legal officer include representing the state in civil litigation and prosecuting criminal cases in the appellate courts. The attorney general also provides legal advice to the governor, state agencies and the Tennessee General Assembly.
(10/18/2006)
Elizabeth (Libby) Sykes, former deputy director of the Administrative Office of the Courts (AOC), has been named administrative director of the state court system effective immediately, Supreme Court Chief Justice William M. Barker announced Wednesday.
“This was not a difficult decision for the Supreme Court,” Barker said. “There was no question that Libby is the most qualified and well-suited person to fill this important position. She has the support of her staff and judges across the state who have relied on her experience, knowledge and common-sense wisdom during the years she has served as deputy director.”
She succeeds Randy Camp, who resigned in August. Sykes has served as acting director since his resignation.
As court administrator, Sykes will oversee a staff of 80 in the Administrative Office of the Courts (AOC) and manage a $100 million budget for trial and appellate courts statewide. The AOC provides support services for 183 trial and appellate court judges and their staffs and also provides educational programs and other services for general sessions and municipal court judges and their clerks.
“I am honored to serve the citizens of Tennessee as administrative director of their court system,” Sykes said. “The last two decades of my career have been in public service, which is something I take very seriously and consider to be a great privilege.”
Prior to joining the AOC in 1995, Sykes was executive director of the Tennessee Sentencing Commission where she had previously served as a staff attorney. She also has been a staff attorney for the state Departments of Correction and Health.
A Montgomery County native, Sykes earned her undergraduate degree from Austin Peay State University and her law degree from the University of Memphis School of Law. She and her husband, Tommy Murphy, reside in Clarksville.