Sanjines vs. Ortwein & Assoc.
03S01-9712-CV-00139
|
Hamilton County | Supreme Court | 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
|
Fayette County | Court of Criminal Appeals | 12/21/98 | |
State vs. Antonio Saulsberry/Franklin Howard
02C01-9710-CR-00406
|
Shelby County | Court of Criminal Appeals | 12/21/98 | |
Alcazar vs. Hayes
03S01-9804-CV-00035
|
Bradley County | Supreme Court | 12/21/98 | |
Est. of Ruth Garrett vs. St. Thomas Hospital
01S01-9710-CV-00218
|
Supreme Court | 12/21/98 | ||
State vs. Antonio Saulsberry/Franklin Howard
02C01-9710-CR-00406
|
Shelby County | Court of Criminal Appeals | 12/21/98 | |
See State v. Archer, 851 S.W .2D 157 (Tenn . 1993).
02C01-9907-CC-00219
|
Lauderdale County | Court of Criminal Appeals | 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 | |
State vs. Carlos Parker
01C01-9712-CC-00574
Originating Judge:Robert E. Burch |
Cheatham County | Court of Criminal Appeals | 12/21/98 | |
Est. of Ruth Garrett vs. St. Thomas Hospital
01S01-9710-CV-00218
|
Supreme Court | 12/21/98 | ||
State vs. Eduardo Wells
02C01-9709-CR-00345
|
Shelby County | Court of Criminal Appeals | 12/21/98 | |
Walker vs. Saturn Corp.
01S01-9703-CV-00048
|
Supreme Court | 12/21/98 | ||
State vs. David Jones
01C01-9710-CC-00445
|
Hickman County | Court of Criminal Appeals | 12/21/98 | |
State vs. Johnny Jones/Clifton Mitchell
02C01-9801-CC-00026
|
Fayette County | Court of Criminal Appeals | 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 | |
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 | ||
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. Bobby Blackmon
01S01-9709-CR-00187
|
Sumner County | Supreme Court | 12/21/98 | |
State vs. Stuart Jenkins
01C01-9712-CR-00590
Originating Judge:John J. Maddux |
Putnam County | Court of Criminal Appeals | 12/21/98 | |
State vs. Robert Taylor
02C01-9808-CC-00239
|
Lake County | Court of Criminal Appeals | 12/21/98 | |
Sanjines vs. Ortwein & Assoc.
03S01-9712-CV-00139
|
Hamilton County | Supreme Court | 12/21/98 | |
Chauncey Gordon vs. State
01C01-9710-CC-00483
Originating Judge:Robert L. Jones |
Giles County | Court of Criminal 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 |