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Topic: Tennessee Supreme Court


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In the News (Fri 27 Nov 09)

  
  Tennessee Supreme Court - Wikipedia, the free encyclopedia
The Tennessee Supreme Court is the highest appellate court of the State of Tennessee.
In 1974, supreme court justices were removed from the Modified Missouri Plan, but in 1994 the plan was revised and once again extended to supreme court justices.
The special Supreme Court appointed by the governor to hear this case, however, refused to rule on the constitutionality of the Tennessee Plan, and instead remanded the case on a technicality.
en.wikipedia.org /wiki/Tennessee_Supreme_Court   (939 words)

  
 The Tennessee Court System
Because the sessions courts are not courts of record, appeals from their judgements take the form of trial de novo in the courts of general jurisdiction.
At the apex of the judicial hierarchy is the Tennessee Supreme Court.
To this end, the Supreme Court determines the rules of procedure for itself and all the other courts of the state, although these rules are subject to approval by the General Assembly.
web.utk.edu /~scheb/tncourts.html   (2102 words)

  
 November 2003 Digest of Tennessee Supreme Court Cases 2003 by Attorney at Law Michael A. S. Guth
The court's decision was unanimous and reversed a decision by the Court of Appeals.
In May 2003, the Tennessee Supreme Court responded to a certified question by the Memphis federal judge and held that under Tennessee law, non-lawyers are required to keep confidential the substance of their BPR complaints as well as the BPR's conduct in handling the complaint.
Given that medical testimony, the Supreme Court of Tennessee found that the evidence did not preponderate against the trial court's finding that the pre-existing condition to the right knee was aggravated by the work-related injury to the left knee and was compensable under the Workers' Compensation Act, Tenn. Code Ann.
michaelguth.com /lawnews/tnsupct.htm   (2385 words)

  
 Tennessee Courts - Justice For Y'all   (Site not responding. Last check: 2007-11-04)
Tennessee Supreme Court opinions can be appealed only to the federal courts, which may or may not agree to consider an appeal.
Court of Appeals judges are selected under the Tennessee version of the "Missouri Plan." When a vacancy occurs on the Court of Appeals, the 15-member Judicial Selection Commission recommends three candidates from the grand division of the state in which the vacancy exists.
The traditional equity courts are based on the English system in which the chancellor acted as the "King's conscience." Chancellors may, by law and tradition, modify the application of strict legal rules and adapt the relief given to the circumstances of individual cases.
www.justiceforyall.com /docs/Courts.asp   (1040 words)

  
 Decision of the Tennessee Supreme Court   (Site not responding. Last check: 2007-11-04)
The Court of Appeals reversed the trial court’s judgment, concluding that the retrospective application of the legislation impaired the vested rights of birth parents who surrendered children under former law with an expectation that records of the adoption would not be released.
In 1852, the General Assembly granted jurisdiction to circuit and county courts authorizing the adoption of children; the function of the court was to record the names of the parties and the terms of the adoption.
The Court of Appeals’ decision largely focused on its conclusion that the birth parents had a reasonable expectation of confidentiality based on the law as it existed when they surrendered their children for adoption.
www.americanadoptioncongress.org /tennessee.htm   (2883 words)

  
 Tennessee Board of Professional Responsibility
In late 1998, the Tennessee Court of Criminal Appeals upheld the client’s post-conviction petition and remanded the matter to the Shelby County Criminal Court.
The Court further ordered Cartwright sentenced to 10 days in the Madison County Jail and fined $50, provided that nine days of the jail time was suspended provided that attorney Cartwright conform to the rules of appellate practice and further rules of this court in the conclusion and the handling of the underlying case.
Green, Gerald S., a Memphis lawyer, was suspended by the Tennessee Supreme Court from the practice of law for a period of six months, with all time suspended and six months to be served on probation.
www.putnampit.com /databases/tbpr/disciplined_tennessee_lawyers.html   (12277 words)

  
 Court OKs sex-abuse suit against diocese - Wednesday, 01/19/05   (Site not responding. Last check: 2007-11-04)
Circuit Court Judge Walter Kurtz dismissed the lawsuit in 2001, ruling that the church could not be held accountable for abuse that occurred between 1995 and 1999, long after McKeown was forced to leave the priesthood.
At issue in yesterday's Supreme Court opinion was whether the plaintiffs could argue that the diocese was guilty of outrageous conduct and had recklessly inflicted emotional distress.
It's the first court decision in the nation to hold that reckless infliction of emotional distress does not have to be based on conduct directed at a specific person or take place in the presence of the plaintiff, said Vanderbilt University Law School professor John Goldberg.
www.tennessean.com /local/archives/05/01/64329530.shtml   (992 words)

  
 Tennessee Administrative Office of the Courts
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.
Cantrell was appointed in 1973 to the Chancery Court in Davidson County and was elected a year later.
The Administrative Office of the Courts requests applications for approved training curriculum for the Ethics and Skill Building Workshop, required by Supreme Court Rule 42, Section 5(a)(2), in an effort to offer affordable workshops in multiple parts of the state.
www.tsc.state.tn.us   (883 words)

  
 Tennessee Supreme Court
The Supreme Court may assume jurisdiction over undecided cases in the Court of Appeals or Court of Criminal Appeals when there is special need for a speedy decision.
Tennessee Supreme Court opinions on constitutional issues can be appealed only to the federal courts, which may or may not agree to consider the appeals.
Judges of the Supreme Court, Court of Appeals and Court of Criminal Appeals are elected on a “yes-no” ballot every eight years.
www.tsc.state.tn.us /geninfo/Bio/Supreme/Biosc.htm   (371 words)

  
 OpinionEditorials.com — We're ALL Guilty Now Says Tennessee Supreme Court - Huston
The Tennessee Supreme Court has handed down a doozie of a decision as reported by the Knoxville News Sentinel (registration required).
Tennessee Supreme Court Justice William M. Barker wrote in the decision that "A safer alternative was readily available and easily feasible - simply refusing to sell gasoline to an obviously intoxicated driver".
Granted, the Supreme Court decision did not directly state that the Exxon employees were to be held culpable, as it simply reverses the lower court's dismissal of the case.
www.opinioneditorials.com /freedomwriters/whuston_20050823.html   (1014 words)

  
 University of Tennessee College of Law: News and Events
Tennessee Supreme Court Justice E. Riley Anderson has served on the “court of last resort” for the past 16 years.
Before his election to the state supreme court in 1990, Anderson was appointed by Gov. Ned McWherter to the Court of Appeals where he served for two years.
Anderson explained the decision of the court to end that funding program: “The Supreme Court decided that that was an unconstitutional funding system for schools because it created a disparity in resources between those counties, and as a result the students were treated differently and didn't have the equal opportunity for education.”
www.law.utk.edu /news/RileyAndersonRet.htm   (2188 words)

  
 Tennessee Supreme Court Overturns ID Roadblocks
Tennessee Supreme Court finds an ID roadblock illegal because it was used to issue traffic tickets in the name of safety.
On Thursday, the Tennessee Supreme Court unanimously found the use of roadblocks to check identification papers, driving licenses and automobile registrations to be unconstitutional.
The court saw no evidence that the checkpoint increased the safety of residents, nor that the crime was solely being conducted by "outsiders." Because the police had no list of residents or guests, there was no real way to tell from a driver's license whether any stopped individual belonged in the complex or not.
www.thenewspaper.com /news/10/1089.asp   (481 words)

  
 6/6/2006 - Bredesen Appoints Gary R. Wade To Tennessee Supreme Court - Breaking News - Chattanoogan.com
He is a member and former president of the Tennessee Judicial Conference and a founder of the Tennessee Judicial Conference Foundation, on which he serves as secretary of the board of directors.
The Supreme Court is the highest court in the state and hears appeals in both civil and criminal cases.
The role of a Justice of the Tennessee Supreme Court is different from that of an appeals court judge.
www.chattanoogan.com /articles/article_87092.asp   (3450 words)

  
 Scopes v. State (Tenn. Sup. Ct.) - UMKC School of Law   (Site not responding. Last check: 2007-11-04)
A motion to quash the indictment was seasonably made in the trial court raising several questions as to the sufficiency thereof and as to the validity and construction of the Statute upon which the indictment rested.
A case involving the same Statute reached the Supreme Court of the United States, and the integrity of the Statute was sustained by that tribunal.
These two cases from the Supreme Court make plain the differing tests to be applied to a Statute regulating the State's own affairs and a statute regulating the affairs of private individuals and corporations.
www.law.umkc.edu /faculty/projects/ftrials/scopes/statcase.htm   (4494 words)

  
 [No title]
Clark has served since May 1999 as director of the Tennessee Administrative Office of the Courts, where she managed a $90 million annual budget and supervised activities assigned by the Tennessee Supreme Court and the state's General Assembly.
She is a member of the board of directors of the Conference of State Court Administrators and a faculty member of the National Judicial College.
As a judge, Clark served as vice president of the Tennessee Judicial Conference and as Dean of the Tennessee Judicial Academy.
www.wbir.com /printfullstory.aspx?storyid=28881   (385 words)

  
 Deadline: Supreme Court Tennessee Turnaround   (Site not responding. Last check: 2007-11-04)
By a vote of 5-4, the U.S. Supreme Court reversed a lower court's grant of relief to Tennessee death row inmate Gregory Thompson.
The court reconsidered the case in light of the evidence of major mental illness, and issued a corrected decision finding that Thompson’s trial was unconstitutional.
The Supreme Court held that the Sixth Circuit had abused its discretion by withdrawing its first opinion and issuing a second opinion.
deadlinethemovie.com /supreme_court_tennessee_turnaround.php   (245 words)

  
 NCLR - Tennessee Supreme Court Ruling In Favor Of Lesbian Mother
The appeals court restricted the mother's visitation at the request of the father, who argued that the mother's relationship set a bad example and contradicted his religious beliefs about the immorality of cohabitation.
The Tennessee Supreme Court rejected the argument that one parent's moral views should dictate the terms of the custody and visitation arrangement.
Characterizing the case as one involving "a moral dilemma between the parents," the court emphasized the importance of separating the parents' differing moral beliefs from harm to the child, noting that "harm to [the child's] sense of morality.
www.nclrights.org /releases/tnvictory050301.htm   (585 words)

  
 H-Net Review: Russell Fowler on A History of the Tennessee Supreme Court   (Site not responding. Last check: 2007-11-04)
An example of the legislature's ill-advised plan is that the first Supreme Court, called the Superior Court, heard original or trial matters and appeals from lower county courts.
In contrast to the United States Supreme Court, the Tennessee Supreme Court deferred to the legislative branch concerning economic and social matters, and its decisions were not in step with the progressive temper of the times nationally.
Although the Court was not an enemy of progressive reform, this may not have been so much from conviction as from its usual deference to the legislature.
www.h-net.org /reviews/showrev.cgi?path=40721034560632   (1813 words)

  
 Tennessee Supreme Court Rule 21   (Site not responding. Last check: 2007-11-04)
In furtherance of this particular responsibility, the Commission may, with prior Court approval, from time to time, adopt by regulation, after notice and an opportunity to comment to the bar and CLE providers in Tennessee, new accreditation standards, evaluation programs, and other similar programs for trial periods not to exceed 42 months in duration.
The Chairperson shall be appointed by the Supreme Court.
Any provider or Tennessee attorney who has attended a CLE activity not approved in advance by the Commission may submit to the Commission similar material on forms provided by the Commission and receive approval of a program after the program is conducted.
www.cletn.com /Rule21.aspx   (4319 words)

  
 Phil Bredesen Governor, State of Tennessee
Wade, who has served as presiding judge of the Tennessee Court of Criminal Appeals since 1998, fills one of two vacancies created by the retirements of Justice E. Riley Anderson and Adolpho A. Birch, Jr.
A Tennessee native, Wade resides in Sevier County where he served five two-year terms as mayor of Sevierville prior to his appointment to the Court of Criminal Appeals in 1987.
Wade, 58, graduated from the University of Tennessee at Knoxville and received his legal degree from the University of Tennessee School of Law.
www.tennesseeanytime.org /governor/viewArticleContent.do?id=803   (858 words)

  
 A History of the Tennessee Supreme Court:157233178X:Ely, James W.; Brown, Theodore; Huebner, Timothy S.; Brown, R. Ben; ...
In this first comprehensive history of the Tennessee Supreme Court, seven leading scholars explore the role played by the Court in the social, economic, and political life of the state.
Charting the evolution and organization of the Court (and its predecessor, the Superior Court of Law and Equity), the authors also assess the work of the Court within the larger context of the legal history of the South.
The authors also outline the Court's relationship with the Supreme Court of the United States and chronicle the achievements of the Court in public and private law, state constitutional law, property law, criminal justice, and family law.
www.ecampus.com /bk_detail.asp?isbn=157233178X   (404 words)

  
 7/14/2006 - Tennessee Supreme Court Allows Public Vote On Gay Marriage Ban - Breaking News - Chattanoogan.com
Writing for a united court, Chief Justice William M. Barker of Signal Mountain rejected a legal claim by the American Civil Liberties Union, three state legislators and others that would have prevented the amendment from being placed on the ballot.
First, the courts have recognized the need to exercise restraint by allowing the people and their elected legislature to carry out its constitutional responsibilities without over-reaching interference by the courts.
It is a clear statement that legislative issues are not to be decided by those in robes at the courthouse at the whim of every citizen who does not agree with a policy decision.
www.chattanoogan.com /articles/article_89189.asp   (1208 words)

  
 Two More Defeats For Gay Marriage, Nebraska Gay Marriage Ban Reinstated; Proposed Tenn. Ban Up For Vote - CBS News
In the Nebraska case, an appeals court overturned a judge's ruling last year that the ban was too broad and deprived gays and lesbians of participation in the political process, among other things.
In the Tennessee case, the American Civil Liberties Union had filed a lawsuit charging that the state failed to meet its own notification requirements for the ballot measure asking voters to ban gay marriage.
Tennessee already has a law banning gay marriage, but lawmakers who supported the proposed amendment said they wanted a backup in case the law was overturned.
www.cbsnews.com /stories/2006/07/14/national/main1805853.shtml   (708 words)

  
 Tennessee Supreme Court Allows Gay "Marriage" Ban on Ballot
The State Supreme Court ruled in a unanimous decision that the American Civil Liberties Union, which is seeking to prevent the amendment from being put on the ballot, had “failed to establish that they have standing to bring this lawsuit.”
The ACLU was attempting to stop the amendment on procedural grounds, alleging that the General Assembly did not strictly comply with public notice and publication requirements.
In his decision, Chief Justice William M. Barker wrote a rebuke against the tactic, commonly used in the homosexual movement, to use the courts to circumvent the democratic process.
www.lifesite.net /ldn/2006/jul/06071405.html   (346 words)

  
 Tennessee Civil and Family Mediation Training Jean Munroe Tennessee Supreme Court Approved Civil and Family Mediation ...
Tennessee Civil and Family Mediation Training Jean Munroe Tennessee Supreme Court Approved Civil and Family Mediation Training
Jean Munroe is a Tennessee Supreme Court Rule 31 approved mediator who provides quality civil and family mediation training for mediators throughout Tennessee.
If you have already qualified as a RULE 31 Civil Mediator and wish to become a Family Mediator, you only have to take the last 30 hours of the family classes.
www.jeanmunroe.com   (179 words)

  
 BOPR - [Board of Professional Responsibility for the Supreme Court of Tennessee]
The Board or Professional Responsibility regularly announces public disciplinary actions* taken by the Board and the Supreme Court of Tennessee and other relevant information to the public and the legal community.
Lawyers licensed in other jurisdictions, but not licensed in Tennessee are ordinarily not permitted to practice in Tennessee courts without being admitted pro hac vice.
The terms and conditions for pro hac vice attorneys are defined in Rule 19 of the Rules of the Tennessee Supreme Court.
www.tbpr.org   (199 words)

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