State vs. Brian Roberson
01C01-9801-CC-00043
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 12/21/98 | |
Robert L. DeLaney v. Brook Thompson, et al.
01S01-9808-CH-00144
In this case, we are invited to decide whether the Tennessee Plan for election of appellate judges, codified as Title 17, Chapter 4 of the Tennessee Code Annotated, is unconstitutional for a variety of reasons, but most particularly because it contemplates “retention elections” for incumbent appellate judges. In general, the Tennessee Plan provides that an incumbent appellate judge may run for reelection unopposed on the ballot, provided the incumbent’s retention has been recommended by the judicial evaluation commission; the judge will be retained in office if a majority of those voting in the election for that judge’s seat vote for such retention. Tenn. Code Ann. § 17-4- 115(d)(1)(1994). It is the duty of all courts, including the Supreme Court, to pass on a constitutional question only when it is absolutely necessary for the determination of thecase and of the rights of parties to the litigation. Glasgow v. Fox, 214 Tenn. 656, 666-667, 383 S.W. 2d 9, 13-14 (1964). See also, Jackson v. Davis, 530 F. Supp. 2, 4 n. 1 (E.D. Tenn.), aff’d, 667 F. 2d 1026 (6th Cir. 1981). We hold that it is not necessary to address the constitutionality of the Tennessee Plan in this case, because it is not applicable to the facts of this case. For that reason, the Court of Appeals erred in holding the Tennessee Plan constitutional, just as the trial judge erred in holding the Plan unconstitutional. We reach this conclusion because the express provisions of the Tennessee Plan render it inapplicable to the election for which defendant Brook Thompson, State Coordinator of Elections, refused to accept a qualifying petition submitted by the plaintiff, Robert L. DeLaney.
Authoring Judge: Chief Justice Ames Davis, Special Supreme Court
Originating Judge:Chancellor Ellen Hobbs Lyle |
Supreme Court | 12/21/98 | ||
State vs. Stacy Williford
02C01-9710-CC-00416
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Fayette County | Court of Criminal Appeals | 12/21/98 | |
State vs. Carlos Parker
01C01-9712-CC-00574
Originating Judge:Robert E. Burch |
Cheatham County | Court of Criminal Appeals | 12/21/98 | |
Alcazar vs. Hayes
03S01-9804-CV-00035
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Bradley County | Supreme Court | 12/21/98 | |
State vs. Antonio Saulsberry/Franklin Howard
02C01-9710-CR-00406
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Shelby County | Court of Criminal Appeals | 12/21/98 | |
John Hogins vs. Tony Ross
02A01-9804-CV-00102
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 12/18/98 | |
Elizabeth Sorrell vs. Larry Henson
02A01-9609-JV-00212
Originating Judge:Kenneth A. Turner |
Shelby County | Court of Appeals | 12/18/98 | |
Chauncey Gordon vs. State
01C01-9710-CC-00483
Originating Judge:Robert L. Jones |
Giles County | Court of Criminal Appeals | 12/18/98 | |
State vs. Gregory Steele
01C01-9801-CC-00024
Originating Judge:Buddy D. Perry |
Franklin County | Court of Criminal Appeals | 12/18/98 | |
Larry Granderson vs. Lisa Hicks
02A01-9801-JV-00007
Originating Judge:A. V. Mcdowell |
Shelby County | Court of Appeals | 12/18/98 | |
Theo Jennings vs. Illinois Co.
02A01-9803-CV-00056
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 12/18/98 | |
Leanna Avery vs. Roger Lewis
02A01-9805-CV-00123
Originating Judge:William B. Acree |
Obion County | Court of Appeals | 12/18/98 | |
Nora Meadows vs. Bd. of Emrg. Medical Srvcs.
M2001-00478-COA-R3-CV
The Tennessee Department of Health Board of Emergency Medical Services found Nora Diane Meadows, Petitioner, guilty of violating rules and regulations of the Tennessee Emergency Medical Services Act, and recommended revocation of the petitioner's Emergency Medical Technician's license. Petitioner was convicted of theft under $500.00. From the Board's decision to revoke her license, she appealed to the Chancery Court for Davidson County and that court reversed the Board's decision finding that there was no proof that the petitioner's offense involved moral turpitude. We reverse the Chancellor and reinstate the judgment of the Board.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/18/98 | |
Maddox vs. Co. of Loudon
03A01-9802-CH-00074
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Loudon County | Court of Appeals | 12/17/98 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 12/17/98 | ||
03A01-9712-CV-00552
03A01-9712-CV-00552
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Hamilton County | Court of Appeals | 12/17/98 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 12/17/98 | ||
USI vs. Long
03A01-9707-CV-00268
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Hamilton County | Court of Appeals | 12/17/98 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 12/17/98 | ||
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 12/17/98 | ||
Elam vs. Seivers
03A01-9805-CV-00165
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Anderson County | Court of Appeals | 12/17/98 | |
Estate of Gladys Tipler
02A01-9707-PB-00173
Originating Judge:Leonard D. Pierotti |
Shelby County | Court of Appeals | 12/17/98 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Polk County | Court of Appeals | 12/17/98 | |
Genevieve Dix vs. James Carson
02A01-9704-CV-00093
Originating Judge:Joe C. Morris |
Shelby County | Court of Appeals | 12/17/98 |