Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.
The Tennessee Supreme Court has decided not to hear an appeal by two death row inmates who claim that changes to the state's lethal injection procedure are unconstitutional. The high court on Monday declined to hear the case brought by Stephen Michael West and Billy Ray Irick. Their attorneys argued that the state's protocol does not contain sufficient safeguards to ensure that condemned inmates don't suffocate while fully conscious, which could violate the constitutional ban on cruel and unusual punishment. WATE.com has this AP story.
The Tennessee Supreme Court today clarified that motor vehicle insurance policies need not cover mental injuries when the insured has suffered no physical injuries. Parents of an 18-year old who was struck by a car sued for wrongful death and negligent infliction of emotional distress. They sought to recover money damages for their alleged mental injuries under the uninsured motorist provision of their insurance policy. The high court unanimously rejected that claim. Read more or download the court’s opinion. In a second opinion, the court ruled that when considering whether a victim has suffered a serious bodily injury, a jury should consider the injury that occurred rather than the injury that could have occurred or the manner in which it occurred. Read more or download the opinion and a separate concurring opinion in the case.
The 2012 Equal Justice University will feature a host of stellar speakers and more than 40 educational sessions Sept. 26-29 at Paris Landing State Park. Judge Bernice Donald, recently appointed to the U.S. Sixth Circuit Court of Appeals, will give the keynote speech at the welcome lunch on Sept. 26. That evening, former Nashville mayor Bill Purcell will speak at the annual Awards Dinner, and on Thursday, the Leadership Luncheon will feature Memphis lawyer Buck Lewis, chair of the Tennessee Supreme Court’s Access to Justice Commission and former TBA president. In all, attendees can earn 15 hours of CLE.
The Tennessee Supreme Court placed two lawyers on disability inactive status yesterday (Aug. 21). They are Williamson County lawyer Charles C. Morrow and Orlando, Fla., lawyer Michael Peters. Neither may practice law while on inactive status. Either may petition the court to return to active status upon showing by clear and convincing evidence that the disability has been removed and that he is fit to resume the practice of law.
LAWPAC -- the state legislative, independent, multi-candidate, political campaign committee for Tennessee lawyers -- has made contributions in 15 races this fall. At left, LAWPAC treasurer Allan Ramsaur (left) joins LAWPAC executive committee chair Nathan Ridley (right) in presenting a check to Tennessee Senate candidate Phillip North. See a complete list of candidates supported by LAWPAC this fall.
LAWPAC -- the state legislative, independent, multi-candidate, political campaign committee for Tennessee lawyers -- today made known its contributions in 15 fall legislative races. In 10 of the 15 races , the candidates receiving contributions are lawyers. The group also made donations where candidates are law students, serve as key legislative committee officers, have relatives who are lawyers or take into account the views of lawyers on critical issues. See the full list of candidates supported by LAWPAC this fall.
Nashville Sheriff Daron Hall said today that he will not renew the 287(g) program when it expires in October. The program became an issue for the courts when Nashville attorney Elliott Ozment sued Hall's office on behalf of three legal residents who were screened and detained, claiming it does not have the authority to participate in that program under the Metro Nashville government charter. The Tennessee Supreme Court has heard arguments, and both sides are awaiting a decision in the lawsuit. Hall said today he will replace 287(g) with a program, Secure Communities, in which the fingerprints of detainees are sent electronically to federal agents who can check immigration status. WSMV has video
A woman who dressed her daughter in a Dolly Parton outfit with a padded bra and backside for an episode of the reality TV show Toddlers & Tiaras could lose custody of the girl over the choice. In a battle unfolding in a Kentucky courtroom, a court-appointed psychologist is siding with Bill Verst, father of 6-year-old Maddy Verst, who contends her mother, Lindsay Jackson, sexually exploited their daughter by allowing her to dress so provocatively. Comparing the activity to training for the Olympics, Jackson said that if she loses custody over this, it would "open the door for any parent to challenge anybody on any activity that a kid does, period." ABAJournal.com has more
Forty-nine years after protesters, led by Martin Luther King Jr., marched in Birmingham for equal rights and to put an end to laws mandating racial segregation, the U.S. Justice Department is establishing a civil rights unit in that city. The unit, based within the U.S. attorney's office, will concentrate on both civil lawsuits and criminal enforcement of federal civil rights laws. WDEF has the story
Mark Norris, R-Collierville, and Jim Kyle, D-Memphis, leaders of their respective parties talked together recently about changes for both parties, acknowledging the Republican majority in the Senate has seen some difference from within the last year. “This a typical trajectory, if you will,” Norris said. “The larger your majority grows, the more likely you are to have different opinions." Meanwhile, Kyle said Democrats have to get better at being the minority party and remember that Republicans became the majority in the state House and state Senate based on being an effective minority. The Daily News Journal has more
Equal Justice University is truly a “destination education” opportunity taking place September 26-28. The Tennessee Alliance for Legal Services and the Tennessee Bar Association invite you to join us at the breathtaking Paris Landing State Park for two and a half days of CLE programs in a relaxing environment. This is a unique opportunity to earn all 15 hours of CLE (including DUAL offerings) in a short period of time at a beautiful location. Bring your family and enjoy the state park between your training sessions! This conference facility is just 90 miles northwest of Nashville. The hotel is on the lake; all rooms will have great views of the lake and the autumn leaves. The conference prices are very reasonable, as are the overnight stays at the park. There will be a variety of programming for most areas of substantive law and other advocacy techniques. Keynote speakers include: Bill Purcell, former Nashville mayor; Buck Lewis, chair of the Tennessee Supreme Court's Access to Justice Commission; and Judge Bernice Donald of the U.S. Sixth Circuit Court of Appeals. Below you will find just half of the 40 sessions that will be offered at the conference:
Evidentiary Issues: Social Media and Family Law
The Affordable Healthcare Act
Loss Mitigation for Clients and the AG Mortgage Settlement
Immigration 101 and VAWA
Pitfalls and Potholes of Buying a Used Car
Social Security Disability for Low Income Clients with No Health Insurance
Introduction to Criminal Injuries Compensation
TennCare Basics and Advanced
Introduction to WestLaw Next
Dismantling the School-to-Prison Pipeline
Compassion, Mission, and the Calling of Service
Employment Law Basics
Understanding and Analyzing Financial Statements of Nonprofits
Supervision of New Attorneys, Law Students, and Advocates
Maximizing Microsoft Office
Civil and Criminal Contempt as a Remedy in Family Law Cases
Bankruptcy and Consumer Issues
Introduction to Veterans Benefits-Cindy Gardner
Fee Generating Cases and Collecting Attorneys Fees
Belmont University opened its new Randall and Sadie Baskin Center in a ribbon-cutting celebration this morning attended by Nashville Mayor Karl Dean, U.S. Rep. Jim Cooper and many of the donors who helped finance the 75,000-square-foot building that houses Belmont University’s College of Law. The center contains more than a dozen classrooms, a trial courtroom, an appellate courtroom, a two-story law library and more than 20 faculty offices. Belmont is seeking LEED certification for the building, which also uses a geothermal system to provide heating and cooling. The new law school welcomed its second class this fall, and is in the process of seeking American Bar Association accreditation.
The Sixth Amendment Center takes a look at the recent Department of Justice investigation of the Memphis Juvenile Court, examining what it also tells us about indigent criminal defense throughout Tennessee. The center’s blog notes that Tennessee had been in the forefront in providing state funding for indigent criminal defense, but suggests that there should be greater emphasis placed on structural standards and the guarantee of sufficient resources to meet those standards.
The Tennessee Supreme Court Historical Society will host a cocktail reception Dec. 4 to celebrate the 75th anniversary of the dedication of the Supreme Court building in Nashville. At the celebration, attendees will be given an exclusive preview of the new Tennessee Judiciary Museum, and will see the original 1796, 1835 and 1870 constitutions of Tennessee. Tickets are $100 per person -- limited to 250 people -- and can be purchased by contacting Joy Day at 615-771-5008 or at jday@sutter-law.com.
Nashville lawyer Karl E. Pulley was publicly censured by the Tennessee Supreme Court Aug. 16. He submitted a conditional guilty plea, and was found in violation of the Rules of Professional Conduct by failing to diligently represent clients, by failing to adequately communicate with clients and by failing to promptly respond to inquiries from the Board of Professional Responsibility. Download the BPR release
Services have been set for Memphis lawyer Earl C. Buckles, 69, who died Monday (Aug. 20). The memorial service will be 10 a.m. on Thursday at Memorial Park Funeral Home, 5668 Poplar Ave., with visitation from 6:30 to 8:30 p.m. Wednesday, also at the funeral home. Mr. Buckles received a law degree from the University of Nebraska School of Law in 1970. He practiced law in a variety of ways throughout his career, working in large firms as well as in solo practice, and had been an adjunct professor of paralegal studies at the University of Memphis. He had an extensive knowledge of both Tennessee law and Uniform Commercial Code law and often served as a special judge in both civil and criminal courts. Read his obituary
Former Jackson Chancellor Eugene Brooks McLemore died Aug. 15 in Georgia. He was 92. He served in World War II, earned his law degree from Vanderbilt University, and was also a graduate of the National College of the Judiciary at the University of Nevada, Reno. He was licensed to practice law in 1949, and in private practice until 1960. He was president of the Judicial Conference of Tennessee,1966-67; served three terms in the State Senate; was chancellor of the 14th Chancery Division of Tennessee for more than 15 years until he was elected by the Supreme Court of Tennessee to be its executive secretary (now known as Administrative Director of the Courts). He later was elected attorney general. After retiring, Chancellor McLemore continued to serve as special justice of the Supreme Court and special judge of the Court of Appeals. Funeral services were Monday in Jackson, with entombment at Ridgecrest Cemetery. Memorials may be directed to West Jackson Baptist Church. Read his obituary in the Jackson Sun
Claiming that Judge Barry Steelman is biased against her office, Public Defender Ardena Garth filed more motions today asking the judge to recuse himself from cases in which her office is involved. So far, she has filed for recusals in more than 50 cases, beginning last week. Cases are backing up in Steelman's division of Hamilton County Criminal Court, the Chattanoogan reports.
Senior Judge Jon Kerry Blackwood today refused to step aside in the criminal cases involving Channon Christian and Christopher Newsom, the Knoxville News Sentinel reports. Assistant District Attorney General Leland Price argued that Blackwood's disgust with the misdeeds of disgraced former Judge Richard Baumgartner, who presided over the trials of the torture slaying defendants, had caused him to lose objectively in the case.
Former Tennessee State Senator John Ford, 70, was released from a federal prison in Mississippi today. Ford, who has been behind bars since 2007, is now at a half-way house in Memphis, NewsChannel 3 reports. He was convicted for his role in undercover investigation called Operation Tennessee Waltz. He was serving 19-and-a-half years following separate corruption convictions in Memphis and Nashville, but an appeals court threw out the Nashville conviction, which shaved several years off his sentence.
