Special Supreme Court Denies Hooker's Petition To Rehear

Wednesday, April 23, 2014

The Tennessee Special Supreme Court has issued an order denying John Jay Hooker’s Petition to Rehear the case in which he challenged the constitutionality of the state’s judicial selection process.

Mr. Hooker filed the petition with the Court March 27, seeking a rehearing on the issue of the constitutionality of the Judicial Nominating Commission (JNC) under the Tennessee Plan, on the issue of the constitutionality of statewide voting for the judges of the intermediate appellate courts, and on the issue of the competence of the Court of Appeals to have ruled in this case.

In its order, the Court explains Mr. Hooker has suffered no harm from its holding that the challenge to the constitutionality of the JNC under the Tennessee Plan is moot in this case. Because the Special Supreme Court vacated the decision of the Court of Appeals on that issue, the issue may still be litigated in another case in which different facts may be presented.

The Court also explains in the order that the constitutional limitation on voting by district is inapplicable to appellate court elections because those judges are not “assigned” to any district. The statutory residence requirement by grand division is only a qualification for the office of intermediate appellate judge; it does not apply to those voting for those offices. A judicial candidate can be required to live in a certain geographic area as a qualification for office, but still be elected statewide without regard to geographic area in which the qualified voters reside.

Because the Special Supreme Court did not rely on the holding or the reasoning of the Court of Appeals, but rather based its decision on its own, independent analysis of each of the issues presented, no rehearing is required on the issue of the competence of the Court of Appeals.



March State Revenues Less Than Expected, Year-To-Date Revenues Remain More Than Budgeted

Department of Finance and Administration Commissioner Larry Martin Friday announced that Tennessee tax revenue fell short of budgeted estimates in March. Overall March revenues totaled $1.1 billion, which is $84.1 million more than the state collected in March of 2017, but $2 million less than the budgeted estimate for the month.  "Sales tax revenues for March recorded exceptionally ... (click for more)

Rock/Creek Outfitters Sold To Uncle Dan’s Outfitters

Rock/Creek Outfitters Inc. today announced that the company has been purchased by Uncle Dan’s Outfitters, a subsidiary of Camping World Holdings, Inc. (NYSE: CWH). An independent specialty outdoor retailer, Rock/Creek provides outdoor gear from top brands for sports including kayaking, rock climbing, camping and hiking. In additional to a robust online store, the company ... (click for more)

Man Who Killed 4 At Waffle House Is In Custody

Travis Reinking, 29, the suspect in the shooting at a Waffle House near Nashville on Sunday, has been taken into custody, according to police. Reinking, who killed four people and injured two others at a Waffle House near Nashville on Sunday morning was on the loose Monday morning and had been added to the Tennessee Bureau of Investigation's ‘Top 10 Most Wanted’ list. ... (click for more)

Man Says He Was Beaten With Hammer For "Disrespecting" Woman

A man told police he was beaten in the head and face with a hammer after he allegedly "disrespected" a woman earlier in the day. Bobbie J. Boston, 62, of 2819 Morgan Ave., was charged with aggravated burglary. Police said they took out warrants against Derrick Boston for aggravated burglary and aggravated assault. In the incident early Friday morning, a resident of Cannon ... (click for more)

Set Up A Council On Love, Not A Council On Hate

In Mayor Berke's April 19 version of the Berke Bulletin, he announced plans to establish a Council on Hate and indicated a focus on tolerance. I beg of him to reconsider that plan. One problem in Chattanooga and in other places in America is that there are some people who have already established an informal version of a Council on Hate. I suggest that a more productive plan ... (click for more)

Roy Exum: Always Know The Facts

I adore the fact so many of America’s high school and college students are very active in our battle against violence in our schools but bemoan the fact that when you combine youth and ‘lack of experience’ they often are misguided and ill-informed. The best example came on Saturday when a reporter for Campus Reform walked around the Cal State-Santa Barbara campus asking the students ... (click for more)