MTSU 2013 Constitution Education
SCALES Program at MTSU
Supreme Court Advancing Legal Education for Students
The Tennessee Supreme Court Hears Three Cases at MTSU
October 1, 2013
To get involved and bring classes, email email@example.com
MTSU is privileged to host the Tennessee Supreme Court, which will hold court and hear three court cases on campus on Tuesday, October 1, in its Supreme Court Advancing Legal Education for Students (SCALES) program, offered for the first time to our university students.
Attorneys will present their arguments and the Court will hear three separate cases in three separate courtroom hearings. Each hearing will be followed by a debriefing session with the case's presenting attorneys. The debriefing will be a classroom-like setting in which students and faculty will have a forum to pose questions to the presenting attorneys and grapple with the issues and ideas related to the case.
- State of Tennessee v. Glover Smith will be heard at 9-10:00 a.m., with the debriefing from 10-11:00
- Garcia v. State of Tennessee is 10:15-11:15, debriefing 11:15-12:15
- In Re Baby is 1:30-2:30, debriefing 2:30-3:30
The court hearings and debriefings will take place in the Student Union.
Tennessee v. Smith.
This is a case that originated in Rutherford County. The defendant reported his wife missing on December 6, 2007. After an investigation he was charged with fabricating evidence and filing a false report. He was convicted. His appeal raises issues on the sufficiency of evidence and double jeopardy.
- Whether a defendant's conviction for fabricating or tampering with evidence is valid when the acts supporting that conviction occurred prior to any law enforcement agency having been notified that a crime may have been committed.
- Whether multiple convictions of giving a false report violate the prohibition against double jeopardy embodied in the Fifth Amendment and made applicable to states through the Fourteenth, when statements made by the defendant were made to different officers of one law enforcement agency.
Garcia v. Tennessee.
This case involves the immigration consequences of a guilty plea. The defendant was an alien unlawfully in the U.S. He pled guilty to abuse of a child over the age of six and neglect of a child age six or less. He was promptly expelled from the U.S. He attempted to reenter the country illegally, was caught and incarcerated in Texas. He is petitioning the Court for post-conviction relief. He claims that he was denied effective assistance of counsel because his counsel did not adequately inform him of the immigration consequences of his plea. He also argues that the Trial Judge erred by failing to determine whether the defendant has been advised of the immigration consequences of the plea.
- Whether a defendant's right to Assistance of Counsel, under the Sixth Amendment of the U.S. Constitution and Art. I, Sect. 9 of the Tenn. Constitution, has been violated when his attorney has not fully advised him of the immigration consequences of his guilty plea.
- Whether a defendant's guilty plea violates the Due Process Clause when the trial judge accepting that plea fails to determine that the defendant has been advised by counsel of the immigration consequences of the plea.
In Re Baby.
This case involves the validity of a surrogacy agreement. A Tennessee woman agreed to be a surrogate for a couple from Italy. Six days after the child was born the surrogate asked a court to restrain the Intended Parents from taking the child outside the country. The court refused, the child was taken to Italy. The surrogate is appealing.
The case addresses the validity of a surrogacy contract. It involves a "traditional" surrogate, meaning that the birth mother is genetically related to the child. There is no statute in Tennessee prohibiting surrogacy contracts.