Opinions
Est. of Ruth Garrett vs. St. Thomas Hospital
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Supreme Court | ||
Wilson vs. Wilson
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Supreme Court | ||
Robert L. DeLaney v. Brook Thompson, et al.
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. |
Supreme Court | ||
Sanjines vs. Ortwein & Assoc.
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Hamilton | Supreme Court | |
Alcazar vs. Hayes
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Bradley | Supreme Court | |
Sanjines vs. Ortwein & Assoc.
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Hamilton | Supreme Court | |
State vs. Antonio Saulsberry/Franklin Howard
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Shelby | Court of Criminal Appeals | |
State vs. Antonio Saulsberry/Franklin Howard
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Shelby | Court of Criminal Appeals | |
State vs. Robert Taylor
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Lake | Court of Criminal Appeals | |
State vs. Stacy Williford
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Fayette | Court of Criminal Appeals | |
State vs. Johnny Jones/Clifton Mitchell
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Fayette | Court of Criminal Appeals | |
See State v. Archer, 851 S.W .2D 157 (Tenn . 1993).
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Lauderdale | Court of Criminal Appeals | |
Nora Meadows vs. Bd. of Emrg. Medical Srvcs.
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Davidson | Court of Appeals | |
Elizabeth Sorrell vs. Larry Henson
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Shelby | Court of Appeals | |
Chauncey Gordon vs. State
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Giles | Court of Criminal Appeals | |
State vs. Gregory Steele
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Franklin | Court of Criminal Appeals | |
Larry Granderson vs. Lisa Hicks
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Shelby | Court of Appeals | |
Leanna Avery vs. Roger Lewis
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Obion | Court of Appeals | |
John Hogins vs. Tony Ross
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Hardeman | Court of Appeals | |
Theo Jennings vs. Illinois Co.
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Shelby | Court of Appeals | |
Genevieve Dix vs. James Carson
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Shelby | Court of Appeals | |
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Polk | Court of Appeals | |
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Court of Appeals | ||
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Court of Appeals | ||
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Court of Appeals |