June 2017 - Vol. 53, No. 6

Success!

The Tennessee Bar Association Leadership Law (TBALL) Class of 2017 members took part in media training during the group’s “Leadership in Action” session in Franklin in May. From left, Patricia Jones, Tony Orlandi, Lesley Tate-Farmer and Kay Caudle.

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Plea at Your Own Risk

The Danger of Plea Agreements Providing for Concurrent Tennessee and Federal Sentences

About 10 years ago, then Judge David G Haynes noticed that there had been “many cases” coming before the Tennessee Court of Criminal Appeals with defendants over which the state had primary jurisdiction[1] challenging “the voluntariness of [their] guilty plea[s] based upon [] plea agreement[s] which provided that the defendant[s’] state sentences would be served concurrently to the defendant[s’] outstanding or pending federal sentence[s].”[2] The trend has unfortunately continued since then.[3] Judge Hayes succinctly stated that the problem with this type of plea agreement “is that the Stat

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Tipped Off: No Private Right of Action Under Tennessee Tip Statute

In Hardy v. TPC Southwind,[1] Justice Kirby, writing for a unanimous court, held that the Tennessee Tip Statute[2] does not create an implied private right of action against employers. In reaching this conclusion, the court examined the legislative history of the statute, expressly overruled a 1998 Court of Appeals decision on the same issue, and provided an in-depth analysis on the doctrine known as “legislative inaction.”

The Tip Statute provides in relevant part:

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Classifieds

SERVICES

CERTIFIED FORENSIC DOCUMENT EXAMINER
Tennessee’s only full-time ABFDE-certified document examiner. Formerly with U.S. Postal Inspection Service Crime Laboratory. Certified by American Board of Forensic Document Examiners. American Society of Questioned Document Examiners. Substantial civil, criminal and trial experience. Thomas Vastrick, 6025 Stage Road, Suite 42-182, Memphis, TN 38134; (901) 383-9282.

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The Most Important Column I  Have Written This Year

I do not have space in this column for a long, poetic introduction, reflecting upon the heights to which the Association has risen in the past bar year. I will do that at the convention. I have other work to do in this limited space. Namely, I need to thank some people who all too often do not get the praise they deserve.

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News

A STRONG SHOWING OF SUPPORT FOR LSC

Lawyers and legal groups across the country are speaking out against the Trump administration’s plan to eliminate funding for the Legal Services Corporation (LSC). These efforts include:

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Passages

DIRK ALLEN DANIEL of Rutledge died April 27 at his home. He was 41. He graduated from the George C. Taylor College of Law. With his office in Rutledge, Daniel practiced law in Grainger and surrounding counties for the past 17 years. He also held the position of county attorney for Grainger County. In lieu of flowers, the family suggests donations be made to Sunrise Baptist Church Cemetery Fund.

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Compassionate Allowances: One Tool to Fast-Track a Social Security Disability Claim

Applying for Social Security disability benefits can be a difficult and lengthy journey. It generally takes three to five months to obtain an initial decision on an application. If the application is denied, the appeals process may take one to three years before the applicant exhausts his appeals.

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The Lindbergh Kidnapping Case: A Critical Analysis of the Trial of Bruno Richard Hauptman

By James M. Dedman III and George R. Dekle Sr | The Lawbook Exchange Press | $75 hardcover | 414 pages | 2016 | Reviewed by William J. Landers

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