Betty Bean has the scoop:
Roger Byrge, whose libel suit against state Sen. Stacey Campfield was dismissed last month in Campbell County Circuit Court, is appealing that decision in the Tennessee Court of Appeals.
Byrge's attorney David Dunaway filed a notice of appeal on Wednesday, May 22.
Dunaway contends that a jury, not a judge, needs to decide why Campfield posted falsehoods about Byrge two weeks before the elections of 2008, and whether he made his allegations with reckless disregard for the truth.
Byrge was the Democratic candidate for the 36th District state House seat, and was locked in a close election with Republican Chad Faulkner. Campfield, who was a sitting House member, posted on his blog, Camp4U, that Byrge had been arrested for drug dealing. When Dunaway took his deposition, Campfield testified that he got this information from House Republican Caucus Chair Glen Casada.
Casada, who was dismissed as a defendant in this lawsuit, testified that he cautioned Campfield that this was "preliminary" information, and not ready for public dissemination.