Thomas McKee vs. State
E2000-00008-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 12/28/98 | |
State vs. Harry Clardy
01C01-9710-CC-00457
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 12/22/98 | |
X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Hamilton County | Court of Appeals | 12/22/98 | |
State vs. James W. Connors, III
01C01-9609-CR-00396
|
Court of Criminal Appeals | 12/22/98 | ||
03A01-9803-CV-00097
03A01-9803-CV-00097
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Bledsoe County | Court of Appeals | 12/22/98 | |
State vs. Freddie Morrow & Damien Darden
01C01-9612-CC-00512
|
Court of Criminal Appeals | 12/22/98 | ||
Crowell vs. Hasty
01A01-9609-CH-00431
Originating Judge:Tyrus H. Cobb |
Bedford County | Court of Appeals | 12/22/98 | |
Gilliam vs. Jones
01A01-9801-CH-00031
Originating Judge:Tyrus H. Cobb |
Bedford County | Court of Appeals | 12/22/98 | |
Kidd vs. Hawthorne
01A01-9808-CV-00413
Originating Judge:Houston M. Goddard |
Bedford County | Court of Appeals | 12/22/98 | |
Walker vs. Saturn Corp.
01S01-9703-CV-00048
|
Supreme Court | 12/21/98 | ||
State vs. Johnny Jones/Clifton Mitchell
02C01-9801-CC-00026
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Fayette County | Court of Criminal Appeals | 12/21/98 | |
Walker vs. Saturn Corp.
01S01-9703-CV-00048
|
Supreme Court | 12/21/98 | ||
Wilson vs. Wilson
01S01-9807-CV-00130
|
Supreme Court | 12/21/98 | ||
State vs. Brian Roberson
01C01-9801-CC-00043
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 12/21/98 | |
Mary Dowdy vs. Myles/Arlene Wilson
02A01-9709-CV-00237
Originating Judge:James F. Russell |
Shelby County | Court of 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 | |
Sanjines vs. Ortwein & Assoc.
03S01-9712-CV-00139
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Hamilton County | Supreme Court | 12/21/98 | |
State vs. Robert Taylor
02C01-9808-CC-00239
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Lake County | Court of Criminal Appeals | 12/21/98 | |
State vs. David Jones
01C01-9710-CC-00445
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Hickman County | Court of Criminal Appeals | 12/21/98 | |
Sanjines vs. Ortwein & Assoc.
03S01-9712-CV-00139
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Hamilton County | Supreme Court | 12/21/98 | |
State vs. Stephen Osborne
01C01-9708-CC-00327
Originating Judge:J. S. Daniel |
Rutherford 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 | |
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 |