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Gov. Haslam to Give Oath of Office to Appeals Court Judge Frierson Tuesday

mwojciechowski@tncourts.gov — Fri, 17 May 2013 21:42:50 +0000

05/17/13

Dignitaries including Tennessee Gov. Bill Haslam and Tennessee Supreme Court Justice Gary R. Wade will gather in Morristown Tuesday for the investiture of Tennessee’s newest Court of Appeals judge, Thomas R. Frierson, II.

The ceremony will take place on Tuesday, May 21 at 9:45 a.m. at Morristown-Hamblen High School West with a reception to follow. Jack Fishman will make opening remarks followed by an invocation by Pastor Chuck Starks of First United Methodist Church.

Speakers will include Morristown Mayor Danny Thomas, Hamblen County Mayor Bill Brittain, Court of Appeals Presiding Judge Charles Susano, Jr. and Chief Justice Wade.

Gov. Haslam will make remarks before he gives the oath of office to Judge Frierson.

Haslam appointed Judge Frierson in February to fill the vacancy created when Judge Herschel P. Franks retired at the end of 2012. Prior to his appointment to the Court of Appeals, Judge Frierson was a chancellor in the 3^rd Judicial District, serving Greene, Hamblen, Hancock and Hawkins counties.

Supreme Court Says Juror Misconduct Did Not Influence Guilty Verdict in Murder Case

mwojciechowski@tncourts.gov — Thu, 16 May 2013 16:23:05 +0000

05/16/13

The Tennessee Supreme Court has affirmed the conviction of a man serving a life sentence for the 2006 first degree premeditated murder of his girlfriend.

On April 16, 2006, Prince Adams was at his mother’s residence in Shelby County and then left with Ohrdra Flowers in her automobile. Two days later, Adams informed his cousin that he had fought with Flowers and had killed her with his pocketknife after she admitted to an affair with another man. Adams later confessed to the police.

After the jury returned a guilty verdict on the charge of first degree murder, the jury foreman notified the trial judge that he had discovered a note in his hotel room the previous night, indicating that the two alternate jurors thought Adams was guilty as charged. The alternate jurors had been released from service before deliberations began. Claiming misconduct on the part of the alternate jurors, Adams sought a new trial. The trial court denied the request after the foreman testified that the note did not affect his or any other juror’s view of the evidence. The Court of Criminal Appeals upheld the conviction.

The Supreme Court granted the appeal to clarify that the note qualified as an “improper outside communication,” which as a matter of law results in a presumption that the jury was prejudiced and the guilty verdict should be set aside. In a unanimous opinion, the Court held that even though the note was improper, the prosecution had successfully overcome the presumption of prejudice by introducing other evidence to demonstrate that the communication had no effect on the jury’s deliberations.

The Court further observed that under the rules the foreman should not have been allowed to testify about the effect the note had on his view of the evidence, but in this instance there was no reasonable possibility that the verdict was influenced by the note. In reaching this conclusion, the Court considered the nature and content of the communication, the number of jurors who were aware of the note, the manner and timing in which the foreman received the note, and the weight of the remaining evidence at trial.

The Court also rejected Adams’ claims of other errors in the trial. He is serving a life sentence for the murder.

To read the State of Tennessee v. Prince Adams Opinion, authored by Chief Justice Gary R. Wade, visit the Opinions section of TNCourts.gov .

Supreme Court Rule Change to Require Electronic Filing of Compensation Claims

mwojciechowski@tncourts.gov — Tue, 14 May 2013 20:48:26 +0000

05/14/13

The Tennessee Supreme Court has issued an order that will require electronic submission of all interpreter invoices as well as compensation claims for attorneys representing indigent clients.

The Order changes several existing Supreme Court rules effective July 1, 2013, and requires that “all claims for attorney compensation and expenses shall be submitted utilizing the system established by the AOC for electronic submission.”

The Administrative Office of the Courts began development of the electronic filing system in 2010. Users have been phased in over several years and the system has been used on a routine basis since early 2012.

The Order makes amendments to Supreme Rules 13, 15 and 42, concerning indigent counsel, mental health proceedings and standards for court interpreters.

The Order and complete text of the changes can be viewed here.

Justices Help Honor Pro Bono Work in East Tennessee

mwojciechowski@tncourts.gov — Mon, 13 May 2013 17:29:02 +0000

05/13/13

Justices of the Tennessee Supreme Court gathered earlier this month in Johnson City to participate in a special dinner and awards ceremony hosted by Legal Aid of East Tennessee. “Dinner with the Tennessee Supreme Court” was served May 1 at The Carnegie Hotel in Johnson City.

Chief Justice Gary R. Wade was joined by Justices Cornelia A. Clark and Sharon G. Lee to honor members of the Tri-Cities legal community who volunteer their time by helping others through Legal Aid’s Pro Bono Project.

“On behalf of our Supreme Court, I thank Legal Aid of East Tennessee and the outstanding attorneys in the Tri-Cities area who have donated their time, talents, and treasure to serve those Tennesseans who are unable to afford much-needed legal services,” said Justice Wade. “Our profession is unique in that the bench and bar recognize a responsibility, as written in the Book of Proverbs, to offer to ‘speak for the poor and needy.’"

The Justices were introduced by David R. Yoder, Executive Director of Legal Aid. Deborah Yeomans, Managing Attorney for the Johnson City office presented plaques to area attorneys, law firms, and local Bar Associations who donated time & legal services during the past year.

Chancellor G. Richard Johnson of 1st District Announces Retirement

mwojciechowski@tncourts.gov — Fri, 10 May 2013 19:28:00 +0000

05/10/13

After 25 years on the bench, Chancellor G. Richard Johnson has announced he is retiring, effective June 30. He sits in the Chancery Court in the 1^st Judicial District, which serves Carter, Johnson, Unicoi and Washington counties.

Chancellor Johnson submitted his letter of resignation to Governor Bill Haslam May 8.

Chancellor Johnson was seated to the bench in 1988, after serving many years in private practice.

He is a graduate of East Tennessee State University and received his J.D. from University of Tennessee in 1969. He is a volunteer with several groups in the Johnson City community.

Supreme Court Denies Request to Change Rule of Professional Conduct 8.4

mwojciechowski@tncourts.gov — Fri, 10 May 2013 20:40:29 +0000

05/10/13

The Tennessee Supreme Court has denied a request by the Board of Professional Responsibility (BPR) to amend Tennessee Rule of Professional Conduct 8.4.

In an Order issued May 10, the Court said, in part, that " The current version of RPC 8.4(d) and Comment [3] are virtually identical to the version contained in the American Bar Association Model Rules. ... The BPR's proposed amendment would substantively alter the language of current Comment [3], and would include this altered language as a separate subpart of RPC 8.4. ... Given the clarity and scope of RPC 8.4(d) and Comment [3] and their similarity to the corresponding ABA Model Rule and comment, the BPR's petition to amend Rule 8, RPC 8.4 is DENIED."

See the entire order here.

Judicial Nominating Commission Accepting Applications for Vacancy in 1st Judicial District Chancery Court

mwojciechowski@tncourts.gov — Fri, 10 May 2013 18:51:57 +0000

05/10/13

The Judicial Nominating Commission is now accepting applications for the judicial vacancy in the 1^st Judicial District Chancery Court (Carter, Johnson, Unicoi and Washingtoncounties). The vacancy is being created by the retirement of Chancellor G. Richard Johnson, effective June 30.

Any interested applicant must be a licensed attorney who is at least 30 years of age, a resident of the state for five years, and a resident of the 1^st Judicial District for at least one year. Applicants must complete the designated application, which is available at www.tncourts.gov, and submit it to the Administrative Office of the Courts by Wednesday, May 29, 2013 at noon CST.

The Judicial Nominating Commission will interview all qualified applicants Friday, June 14 at the DoubleTree Hotel, 211 Mockingbird Lane, Johnson City, 37604. The meeting will include a public hearing starting at 9 a.m. where members of the public may express their opinions about the applicants. The interview, public hearing and deliberation process will be open to the public.

For more information, visit http://www.tncourts.gov/administration/judicial-resources .

Supreme Court Rules Medical Malpractice Claim Against Williamson Medical Center Was Filed Too Late

mwojciechowski@tncourts.gov — Thu, 09 May 2013 16:41:37 +0000

05/09/13

In a unanimous opinion released today, the Tennessee Supreme Court ruled that a medical malpractice claim brought by a Williamson County couple against a county hospital must be dismissed because it was filed too late.

Walton and Phyllis Cunningham brought their son, Phillip, to Williamson Medical Center on November 14, 2008, for treatment of abdominal discomfort. Phillip died on November 25, 2008, following respiratory complications.

On November 14 and 16, 2009, the Cunninghams provided Williamson Medical Center with notice of their intent to file a medical malpractice claim against the hospital. Tennessee law provides that plaintiffs in medical malpractice actions must notify potential defendants of an impending lawsuit at least sixty days prior to filing suit. When the sixty-day notice is provided, the deadline for filing a medical malpractice claim is extended by 120 days, according to the medical malpractice statute.

However, Williamson Medical Center is subject to the Governmental Tort Liability Act (GTLA), which requires that suits against governmental entities be filed within one year of the incident. The Cunninghams filed suit against Williamson Medical Center in the Circuit Court for Williamson County on March 12, 2010, approximately fifteen months after Phillip’s death.

Williamson Medical Center filed a motion to dismiss the Cunninghams’ lawsuit on the grounds that the one-year deadline for filing a claim against it had passed as of November 25, 2009. The Cunninghams argued that the sixty-day notice requirement set out in the medical malpractice statute extended the deadline for medical malpractice claims by 120 days and that the same extension should apply to their suit against Williamson Medical Center in spite of its status as a governmental entity. The trial court denied the motion to dismiss the claim against Williamson Medical Center, and the Court of Appeals affirmed the trial court’s judgment.

In its ruling today, the Supreme Court determined that the 120-day extension provided in medical malpractice cases does not apply to the Cunninghams’ claim because it was also brought under the GTLA. The Court explained that when a law is in conflict with the requirements of the GTLA, the legislature must clearly state its intent to apply the conflicting law to the GTLA. The medical malpractice statute at issue in the Cunninghams’ case did not clearly show that the legislature intended to apply the 120-day extension to GTLA cases. Therefore, the Supreme Court held that the Cunninghams’ case must be dismissed because their suit was filed after the GTLA’s one-year deadline had passed.

To read the Cunningham v. Williams County Hospital Opinion, authored by Justice Janice M. Holder, visit the Opinions section of TNCourts.gov.

Women's Leadership Group to honor Justice Lee with 'Lizzie' Award

mwojciechowski@tncourts.gov — Tue, 07 May 2013 22:07:46 +0000

05/07/13

The East Tennessee Women’s Leadership Council has announced that Tennessee Supreme Court Justice Sharon G. Lee will be the recipient of the Lizzie Crozier French Women’s Leadership Award in recognition of her ongoing dedication to the principles so strongly demonstrated by the award’s namesake.

The award will be presented June 14 at the East Tennessee Women’s Leadership Summit. More information about the honor is available from the Knoxville Daily Sun.

Tennessee Supreme Court Says Federal Law Does Not Prevent Claim for Injuries in Bus Accident

mwojciechowski@tncourts.gov — Fri, 03 May 2013 14:47:25 +0000

05/03/13

In a unanimous opinion, the Tennessee Supreme Court today reversed a decision by the Court of Appeals, which had ruled that federal law prevented a claim for the disabling injuries a passenger received when thrown from a shuttle bus in Memphis.

In 1998, a concrete truck collided with a bus used to transport passengers between the Memphis International Airport and a nearby car-rental facility. Chicago attorney Clifton A. Lake suffered severe injuries when he was thrown through one of the bus’ side windows. Lake and his wife brought suit against the owner of the bus, the manufacturers of the bus and its windows, and the franchisor of the car-rental business, contending that the bus was unsafe because of the perimeter seating arrangement, the lack of seatbelts, and the failure of the side windows to sufficiently protect against ejection.

The trial judge dismissed the claim against the window manufacturer, but permitted the other claims to go to trial. Following a three-week trial, the jury found that Lake and his wife had sustained damages in the amount of $8,543,630, but declared the concrete truck owner 100% at fault. The Lakes had earlier settled their claims against the concrete truck owner.

On appeal, the Lakes argued that the trial court had committed a variety of errors that entitled them to a new trial. In 2011, the Court of Appeals held that the claims based on the lack of seatbelts and unsafe window glass were governed by the federal motor vehicle safety standards – not state law. The lower court also ruled that the Lakes could not recover based on the seating arrangement because there was no proof that Lake was seated at the time of the accident.

The Supreme Court first concluded that the Lakes’ claims were not barred by federal law, ruling that there was no evidence of a federal policy preventing states from requiring more stringent safety measures, such as passenger seatbelts or more protective window glass. The Court also determined there was sufficient evidence that Lake was seated at the time of the collision and returned the case to the Court of Appeals to consider the other issues the Lakes had presented for review.

To read the Clifton A. Lake et al. v. Memphis Landsmen, LLC et al. opinion authored by Chief Justice Gary R. Wade, visit the Opinions section.

Investiture Ceremony Wednesday For New Juvenile Judge Philyaw

mwojciechowski@tncourts.gov — Wed, 01 May 2013 15:19:31 +0000

05/01/13

Attorney Rob Philyaw officially become Hamilton County Juvenile Court Judge Wednesday.

An investiture ceremony was scheduled to take place at 3 p.m. Wednesday, May 1 at the Hamilton County Juvenile Court building, 1600 E. 3rd St., Chattanooga, according to the Chattanoogan.

He replaces Judge Suzanne Bailey, who retired after 23 years of service. He was appointed Juvenile Court Judge by the Hamilton County Commission in early April.

Supreme Court Sends Memphis Firm’s Case Against Ex-Partner Back to Trial Court to Rule on Arbitration Agreement

mwojciechowski@tncourts.gov — Tue, 30 Apr 2013 16:31:31 +0000

04/30/13

The Tennessee Supreme Court has sent a dispute between a Memphis law firm and a former partner and paralegal back to the trial court to determine whether arbitration is appropriate.

The law firm of Glassman, Edwards, Wyatt, Tuttle & Cox, P.C. filed a lawsuit against B.J. Wade, a former partner, and Shannon Crowe, a former paralegal, alleging fraud and breach of their duties to the firm. Mr. Wade and Ms. Crowe both asked the trial court to send their cases to arbitration, as required by agreements they maintain govern resolution of each case. The firm, however, asserts that none of the agreements require arbitration.

The trial court consolidated the cases and initially ordered the parties to proceed with limited discovery to determine whether the cases were subject to arbitration. When disagreement arose, however, the trial court expanded the scope of discovery to include “all necessary documents to conduct a meaningful attempt at resolution of this matter.” The trial court also ordered the parties to mediation in an attempt to resolve all of their disputes. The Tennessee Supreme Court granted the request of Mr. Wade and Ms. Crowe for an immediate appeal.

In a unanimous opinion issued today, the Supreme Court concluded that the trial court erred in ordering discovery without limiting the scope of discovery to the issue of the enforceability of the arbitration provisions and erred in ordering the parties to mediation in an effort to resolve all aspects of their disputes.

The Supreme Court ordered that the case be returned to the trial court to determine whether arbitration was required of any dispute between the parties under any of the agreements at issue. The Court also held that discovery must be limited to the issue of whether the arbitration clauses contained in the agreements are enforceable.

To read the Glassman v. B.J. Wade Opinion, authored by Justice Janice M. Holder, visit the Opinions section of TNCourts.gov.

Knox County Brings Video Arraignment System Online

mwojciechowski@tncourts.gov — Thu, 25 Apr 2013 15:33:53 +0000

04/25/13

Criminal Court Judge Steven Sword is conducting arraignments via video teleconference, saving both time and money.

See the complete story at WBIR.com

Supreme Court Opinion Says Court of Appeals Has Authority to Rule on Arbitration Case

mwojciechowski@tncourts.gov — Thu, 25 Apr 2013 17:00:48 +0000

04/25/13

The Tennessee Supreme Court has ruled that the Court of Appeals has the authority to review a Shelby County trial court’s decision to void a $912,160 arbitration award and to require the parties to conduct a second arbitration.

William Smythe invested thousands of dollars in certain bond funds offered by Morgan Keegan & Company. After those bond funds failed, Mr. Smythe filed a claim for arbitration with the Financial Industry Regulatory Authority (FINRA). A three-person FINRA arbitration panel heard the case and ruled in Mr. Smythe’s favor.

Morgan Keegan requested the Chancery Court for Shelby County invalidate the award, arguing that two members of the arbitration panel were biased against the firm. The trial court agreed with Morgan Keegan and returned the case to a new FINRA arbitration panel. Mr. Smythe appealed the trial court’s order to the Court of Appeals. In March 2011, the Court of Appeals dismissed the case, ruling the Tennessee Uniform Arbitration Act did not give the court jurisdiction over an order that voids an arbitration award and directs a rehearing.

In a unanimous opinion, the Tennessee Supreme Court reversed the Court of Appeals. The Supreme Court ruled that the trial court’s order was appealable under a provision of the Tennessee Uniform Arbitration Act that authorizes appeals from orders that deny confirmation of an arbitration award. The case was sent back to the Court of Appeals to decide whether the trial court’s order was proper.

To read the Morgan Keegan & Co. v. Smythe Opinion, authored by Justice William C. Koch, Jr., visit the Opinions section of TNCourts.gov.

Supreme Court Denies Petition to Amend Attorney Advertising Rules

mwojciechowski@tncourts.gov — Wed, 24 Apr 2013 17:24:28 +0000

04/24/13

The Tennessee Supreme Court has denied a petition seeking to amend the Rules of Professional Conduct relating to attorney advertising.

The Tennessee Association for Justice filed the petition in May of 2012 requesting changes to Supreme Court Rule 8 Sections 7.1 and 7.2

In its Order, the Court stated “we commend the petitioners for the time and study devoted to this important issue. After careful consideration of the petitions, briefs, and the significant number of public comments submitted on the proposed amendments, we have determined that the continued enforcement of the existing rules is preferable to any of the changes sought by the petitioners.”

You can find the full text of the Order here. The initial petition is available here.

Supreme Court Upholds Award to Nurse for Injuries Sustained in Fall at Work

mwojciechowski@tncourts.gov — Wed, 24 Apr 2013 14:53:41 +0000

04/24/13

The Tennessee Supreme Court today upheld the trial court’s award of compensation to a Memphis-area nurse who sustained injuries when she fell at the health-care facility where she was working.

In August 2009, Marta Vandall was walking in the hallway at Allenbrooke Nursing & Rehab in Memphis when she fell, fracturing her right shoulder. She later testified at trial that her foot stuck to the floor as she was walking, causing her to fall to the ground and sustain injuries. Representatives from Allenbrooke Nursing & Rehab testified that they inspected the floor after Ms. Vandall’s fall and did not find any substance that would have caused her fall.

The trial court determined that Ms. Vandall’s injury occurred due to a condition of her employment and awarded her benefits based on 18% permanent partial disability as well as temporary total disability benefits, past medical expenses, future medical benefits, and other expenses.

The Supreme Court agreed with the trial court’s finding that the fall was not merely of some unknown origin but was caused by some hazard related to Ms. Vandall’s employment. Ms. Vandall was therefore entitled to compensation for her injury.

Justice William C. Koch, Jr. disagreed with the majority of the Court, writing in his dissenting opinion that Ms. Vandall failed to prove that an employment hazard caused her fall and thus, Aurora Healthcare is not liable to compensate her for the injury as work-related.

To read the Marta Vandall v. Aurora Healthcare Opinion authored by Justice Janice M. Holder, and the dissent by Justice Koch, visit the Opinions section of TNCourts.gov.

Supreme Court Reduces Davidson County Drug Conviction for Lack of Sufficient Evidence

mwojciechowski@tncourts.gov — Fri, 19 Apr 2013 17:01:19 +0000

04/19/13

In a unanimous opinion, the Tennessee Supreme Court today affirmed but modified the drug conviction of a Davidson County defendant after determining that the evidence was insufficient to support a conviction for possession with intent to sell cocaine found in the residence of a co-defendant.

Bobby Lee Robinson and two co-defendants took part in a drug sale, which was arranged by police through a confidential informant. Police confronted the three defendants when they arrived at the location for the drug sale. Robinson, who was sitting in the front passenger seat of the co-defendant’s truck, threw a bag that appeared to contain a white, rock-like substance into the back seat of the vehicle.

During a search of the vehicle, police found two small bags in the front seat within reach of Robinson, one containing 101.3 grams of crack cocaine and another containing 51.2 grams of powder cocaine. A later search of the co-defendant’s home revealed an additional 11.4 grams of crack cocaine, 282.1 grams of cocaine, and various items of drug paraphernalia, some of which were in plain view. Although Robinson was seen leaving the residence accompanied by his two co-defendants, he did not live in the residence. The State consolidated the weight of the cocaine, and Robinson was convicted of possession of drug paraphernalia and possession with intent to sell 300 grams or more of cocaine, a Class A felony.

The Supreme Court concluded that the evidence was sufficient to sustain Robinson’s conviction for possession with intent to sell the cocaine found in the co-defendant’s truck. The Court held, however, that the evidence of Robinson’s connection to the co-defendant’s residence was insufficient to permit a jury to reasonably conclude that Robinson had control over the cocaine and drug paraphernalia in the residence. The Court modified Robinson’s conviction for possession with intent to sell 300 grams or more of cocaine to possession with intent to sell between 26 and 299 grams of cocaine, vacated Robinson’s conviction for possession of drug paraphernalia, and returned the case to the trial court for resentencing.

To read theState of Tennessee v. Bobby Lee Robinson Opinion,authored by Justice Janice M. Holder, visit the Opinionssection of TNCourts.gov.

Supreme Court Affirms Conviction, Death Sentence in Murder of Bristol Police Officer

mwojciechowski@tncourts.gov — Fri, 19 Apr 2013 19:21:11 +0000

04/19/13

The Tennessee Supreme Court has affirmed the conviction and death sentence of Nickolus L. Johnson for the 2004 murder of Officer Mark Vance of the Bristol Police Department. The Court also affirmed several other lower court rulings regarding the trial.

In the unanimous opinion authored by Justice Sharon G. Lee, the Court found that Johnson was competent to waive presentation of some evidence during the penalty phase of his trial, that the trial court properly denied Johnson’s motion for a mistrial based on prosecution statements during closing arguments, and that the Tennessee death penalty statute is constitutional.

Regarding the evidence, the Court held that Johnson was competent to make the strategic decision to forego his right to present testimony from doctors regarding Johnson’s mental health. The United States Constitution affords defendants facing the death penalty the right to present mitigating evidence – evidence that may lessen the gravity of the actions – to the jury in a separate sentencing portion of the trial if defendants so choose. Tennessee law permits defendants to waive this right to present such evidence so long as the defendant is competent to make the decision and does so knowingly and voluntarily.

The Supreme Court agreed with the Court of Criminal Appeals’ ruling that the trial court followed the proper procedure to ensure that Johnson had made a knowing and voluntary waiver of this right, that he discussed his decision with his lawyers, and that he understood the potential role the testimony may have played in the trial. Tennessee law presumes that defendants are competent and requires defendants to present evidence of their incompetency if they wish to make that assertion.

Johnson’s attorneys argued that Johnson’s desire to waive the presentation of mitigation evidence demonstrated his incompetency. The trial court ordered that Johnson be evaluated by doctors to ascertain whether he was competent, but Johnson refused to cooperate. As a result, the trial court concluded that Johnson had not overcome the presumption of competency and could validly waive his right to present mitigation evidence. Johnson made a valid waiver and could not now claim error.

The Supreme Court likewise rejected Johnson’s arguments that the trial court should have granted a mistrial because of statements the prosecutor made in his closing argument, and that the Tennessee death penalty statute was unconstitutional. The Court held that the trial judge had not abused his discretion by not granting a mistrial and had adequately instructed the jury to disregard the prosecutor’s statement. The Court also held that the Tennessee death penalty statute is valid under the Constitutions of the United States and Tennessee.

Accordingly, the Supreme Court affirmed Johnson’s conviction and ordered that the sentence of death be carried out on April 22, 2014, unless otherwise ordered by a proper authority.

To read the State v. Nickolus L. Johnson Opinion, authored by Justice Lee, visit the Opinions section of TNCourts.gov.

Supreme Court Grants New Trial in Murder Case, Says Defendant’s Statements Wrongly Admitted Into Evidence

mwojciechowski@tncourts.gov — Fri, 19 Apr 2013 16:15:26 +0000

04/19/13

In a unanimous Opinion, the Tennessee Supreme Court today ordered a new trial for a Gibson County man after determining that statements he made during a police interrogation should not have been used as evidence at trial because the prosecution failed to prove that the defendant understood and waived his constitutional right to appointed counsel.

The case involves the 2007 death and dismemberment of Doris Deberry, mother of the defendant, David H. Climer, Jr. During police questioning, a detective informed Climer of his Miranda rights, telling him he had a right to remain silent and to have an attorney present during questioning. The detective asked Climer to sign a form acknowledging he understood those rights, but Climer declined. When Climer asked whether he could “have … an appointed lawyer right now,” the detective answered, “Well, not at this time.”

The detective then questioned Climer for three hours before Climer began to talk about the circumstances of Deberry’s death. Climer denied killing his mother, but admitted to dismembering her corpse and burying her remains in a wooded area in Madison County. The day after questioning, Climer led the police to the burial site.

Climer was indicted for first degree premeditated murder and abuse of a corpse. Before trial, Climer asked the judge to exclude from the proceedings his statements to the police because they were obtained in violation of his constitutional right to counsel. The trial judge denied the motion because Climer had not clearly invoked his right to counsel.

A jury convicted Climer of the charged offenses, but, on appeal, the Court of Criminal Appeals found the evidence insufficient to support the jury’s finding of premeditation, and modified the murder conviction to second degree. The appeals court affirmed the trial court’s ruling that the defendant’s statements were properly admitted into evidence because he never unequivocally invoked his right to counsel.

The Supreme Court agreed with the trial court and Court of Criminal Appeals that the defendant never clearly invoked his right to counsel, but ruled that Climer’s statements should not have been admitted into evidence because the prosecution failed to show that Climer understood and waived his right to appointed counsel. The Court granted Climer a new trial because the State failed to prove that the erroneous admission of Climer’s statements did not contribute to the guilty verdict.

The Court explained that the physical evidence discovered as a result of Climer’s statements was properly admitted into evidence because Climer’s statements were not coerced. As a result, the physical evidence may be admitted against Climer at the new trial.

To read the State v. David Hooper Climer, Jr. Opinion, authored by Justice Cornelia A. Clark, visit the Opinions section of TNCourts.gov.

Governor Names Stacy Street 1st Judicial District Criminal Court Judge

mwojciechowski@tncourts.gov — Tue, 16 Apr 2013 19:45:55 +0000

04/16/13

Elizabethton attorney Stacy Street has been appointed by Governor Bill Haslam as Criminal Court judge in the 1^st Judicial District. Street takes the seat held by Judge Lynn W. Brown, who retired March 31.

Judge Street will be sworn in at 1:30 p.m. Thursday by Criminal Court Judge Robert Cupp at the Carter County Courthouse in Elizabethton.

Street most recently has been a solo practitioner focusing primarily on criminal law. He previously was a partner with Hampton & Street in Elizabethton and an associate with Hampton & Hampton.

The 1^st Judicial District serves Carter, Johnson, Unicoi and Washington counties. This is the second appointment Gov. Haslam has made this week. On Monday, Andrew Tillman was appointed to the Chancery Court opening in the 8^th Judicial District,

Street is a 1989 graduate, cum laude, of East Tennessee State University with a bachelor’s in political science. He studied at the Thomas M. Cooley Law School in Michigan and earned his J.D. from University of Tennessee College of Law, cum laude, with numerous accolades.

Street is a member of Calvary Baptist Church, where he serves as a trustee and Sunday school teacher. A native of Carter County, he also is a member of multiple local organizations.

He and his wife, Susan, have two children and live in Elizabethton.

Andrew Tillman sworn in Tuesday as Chancellor for 8th District

mwojciechowski@tncourts.gov — Mon, 15 Apr 2013 20:38:44 +0000

04/15/13

Tennessee’s newest judge was sworn in Tuesday.

Andrew Tillman was appointed Monday by Gov. Bill Haslam to the Chancery Court opening in the 8^th Judicial District, which serves Campbell, Claiborne, Fentress, Scott and Union counties.

Tennessee Court of Appeals Judge Charles D. Susano, Jr. officiated at the ceremony Tuesday at the Supreme Court Building in Knoxville. Tillman has worked as a senior law clerk to Judge Susano since 2009.

In addition to his recent clerkship, Tillman has worked in private practice and clerked for Federal Appeals Court Judge H. Ted Milburn.

Tillman is a 1974 graduate of Northeastern Oklahoma State with a bachelor’s in mathematics. He earned his J.D. at the University of Tennessee College of Law in 1989 with numerous accolades. He has taught at the UT College of Law as an adjunct professor and lectured as a presenter of CLE programs.

Tillman attends White Rock Baptist Church in Huntsville. He and his wife, Claudia, have two children, Andi Marie and Tony.

The opening in the 8^th judicial district was created by the death of Chancellor Billy Joe White, who passed away in November after serving on the bench for 35 years.

Board of Judicial Conduct Issues Public Reprimand to Judge James W. McKenzie of Rhea County

mwojciechowski@tncourts.gov — Mon, 15 Apr 2013 22:02:00 +0000

04/15/13

The Tennessee Board of Judicial Conduct has issued a public reprimand to Judge James McKenzie of Rhea County.

Judge McKenzie’s reprimand is the result of his conduct in two incidents in late 2012, one concerning comments made regarding an attorney appearing in Judge McKenzie’s courtroom and another regarding comments the judge made in the presence of a courtroom employee’s spouse and others outside the courtroom.

The complete text of the reprimand can be found here.

Medal of Honor Recipient Meets with Justice Lee, Gov. Haslam

mwojciechowski@tncourts.gov — Fri, 12 Apr 2013 14:04:49 +0000

04/12/13

Justice Sharon Lee met with Governor Bill Haslam and Congressional Medal of Honor recipient Col. Leo Thorsness at the State Capitol on April 8, 2013. Thorsness serves on the board of directors of the Congressional Medal of Honor Foundation and Knoxville will be the host city for the 2014 Medal of Honor convention.

The ceremony at the Capitol highlighted the Medal of Honor educational foundation which will be implementing a Medal of Honor curriculum in schools across the country.

Col. Thorness earned the Medal of Honor for his actions as a Major fighting an epic solo battle in the Vietnam War, but wasn’t aware he was a recipient until he was released after six years as a prisoner of war in North Vietnam. You can read more about Col. Thorsness’ career here.

To find out more about the Medal of Honor Convention in Knoxville, click here.

3 Names Sent to Governor for Consideration in 3rd District Chancery Court Vacancy

mwojciechowski@tncourts.gov — Fri, 12 Apr 2013 14:25:06 +0000

04/12/13

The Judicial Nominating Commission met on April 12, 2013 in Greeneville, Tenn., to hold a public hearing for the Chancery Court vacancy in the 3rd Judicial District.

After conducting a vote, they have submitted the following three as nominees to Gov. Bill Haslam for the vacancy in the district that serves Greene, Hamblen, Hancock and Hawkins counties.

Beth Boniface
Attorney
Private Practice

Douglas T. Jenkins
Solo Practitioner
Hawkins County

William Erwin Phillips
Partner
Phillips and Hale Attorneys

Judicial Nominating Commission Sends 3 Names to Gov. Haslam for 3rd District Circuit Vacancy

mwojciechowski@tncourts.gov — Thu, 11 Apr 2013 20:25:15 +0000

04/11/13

The Judicial Nominating Commission met on April 11, 2013 in Greeneville, Tenn., to hold a public hearing and conduct interviews of candidates for the Circuit Court vacancy in the 3rd Judicial District.

After interviewing the candidates and conducting a vote, they have submitted the following three as nominees to Gov. Bill Haslam for the vacancy in the district that serves Greene, Hamblen, Hancock and Hawkins counties.

Douglas R. Beier
Partner
Evans and Beier, LLP

Michael A. Faulk
Solo Practitioner
The Faulk Law Office

Linda Thomas Woolsey
Partner
Woolsey & Woolsey