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.
As Jerry Sandusky begins his defense today in his child sex abuse trial, the "million-dollar" question is whether or not the defense will call Sandusky. Criminal defense attorney Michael Engle said he doesn't see many other options for the former Penn State assistant football coach, saying that taking the stand in his own defense may be Sandusky's "only shot at convincing this jury he didn't do this." Legal experts analyze the options in The Legal Intelligencer and USAToday has details from today's testimony.
Federal bankruptcy Judge G. Harvey Boswell on Friday retired from the bench after 19 years of service. He was appointed to the U.S. Bankruptcy Court, Western District of Tennessee, on Nov. 16, 1993, the first judge to be permanently assigned to that court. Friday may have been the first time a shotgun was suddenly pulled from its case in a federal courtroom and six judges applauded, the Jackson Sun writes. The shotgun, a 12-gauge Beretta-A400, was a retirement gift. Boswell’s replacement will be appointed by the Sixth Circuit Court of Appeals. It will take at least nine months to select a replacement, he said. Until then, bankruptcy judges from Memphis will travel to Jackson to handle the case load.
Although there were tours at the ribbon-cutting of a new $26 million jail facility in Carter County, the mood was somber about the building that has taken more than a decade to complete. Even the sheriff said the jail project has been very “unpopular” and “disappointing” and that he would rather be dedicating a new school or new bridge. The Elizabethton Star has the story
Shelley Breeding will ask the Tennessee Supreme Court to hear the residency issue that is keeping her off a Democrat primary ballot for the new 89th House District seat. Breeding has disputed the accuracy of maps that show part of her residential lot, including her house, are in Anderson County, while her driveway and mailbox are in Knox County, the Knoxville News Sentinel reports.
Two Hamilton County residents sued county commissioners and County Attorney Rheubin Taylor in federal court today for prayers the body holds before its meetings. The complaint, filed by Attorney Robin Flores on behalf of Tommy Coleman and Brandon Jones in U.S. District Court in Chattanooga, argues that the prayers violate rights guaranteed by the Establishment Clause of the First Amendment. In May, Patrick Elliott, an attorney with the Wisconsin-based Freedom From Religion Foundation, sent a letter to commissioners asking them to discontinue prayers before meetings, citing the regular use of “in Jesus’ name” to conclude official prayers. The Times Free Press has the story
A Roane County election official is calling for an investigation into whether 9th Judicial District Attorney General Russell Johnson violated the law by aiding the campaign of former state Rep. Dennis Ferguson for Roane County road supervisor, the News Sentinel reports. Johnson depicts the matter as a "lapse in judgment" in which an employee reserved a domain name for the candidate as an unpaid favor outside business hours. He said no further campaign work occurred.
The American Bar Association Section of Legal Education and Admissions to the Bar and the Law School Admission Council today informed law school deans about a program for schools to certify the accuracy of their reporting of entering-class academic credentials. John O'Brien, chair of the Council of the ABA Section of Legal Education and Admissions to the Bar said that "the program gives schools a straightforward and efficient method to have their admissions data verified and to assure that they are accurately reporting admissions data to the ABA and to the public." To make the certification program possible, the ABA is now requiring schools to report information about their first-year students. The ABA and LSAC will use these reports to correlate and cross-check students and provide to schools that request it a report of their entering-class credentials. Learn more
A coalition of news organizations is asking the Supreme Court to permit live broadcast coverage of the upcoming announcement of its historic health care decisions. In a letter to Chief Justice John Roberts Jr., the group wrote, "There is a strong interest nationwide in the Court’s opinion and any comments by a member of the Court that may accompany its announcement. Such access would allow the public to be informed of the Court’s ruling in a timely manner." The Court announced today it would be sitting on Monday and Thursday of next week to issue decisions, and several sittings are also expected the following week, at the end of which the Court is likely to adjourn for the summer. But the Court never lets it be known in advance which decisions will be issued on which days. The Court's current practice is to release the audio of oral arguments at the end of the week in which they occur, thereby limiting their news value. The Blog of Legal Times reports
Last week Butler, Snow, O’Mara, Stevens and Cannada PLLC had two lawyers in its Nashville office one day and nearly 40 the next, when it added 37 attorneys formerly with the Nashville office Miller & Martin. And Donald Clark Jr., Butler Snow’s chairman, sees it as just the beginning. “I wouldn’t be surprised if Nashville leads the firm in growth from now on,” Clark says, adding the firm is still recruiting attorneys to join the Nashville office. Nashville Ledger has details
Major changes in the way the United States enforces immigration law were announced today by Homeland Security Secretary Janet Napolitano. Illegal immigrants now under 30 who were brought to this country before age 16 won't be deported and could be granted renewable two-year work permits if they meet certain criteria, although they won't be granted citizenship. Among the requirements are five years of continuous residency and the individual can't have a criminal record or pose a national security threat. He or she must also be a high school graduate or have earned a general equivalency diploma or be a military veteran. In a statement, American Bar Association President William T (Bill) Robinson III applauded the announcement, saying it "is consistent with American ideals of fairness and opportunity." ABAJournal.com connects you to more coverage
More than 100 people marched to the Tennessee Supreme Court building in Nashville on Thursday to demonstrate their outrage against Metro’s participation in the 287(g) program, the federal immigration enforcement program that allows law enforcement to determine the immigration status of jail inmates and turn them over for federal deportation proceedings. The march occurred just hours before the Tennessee Supreme Court heard oral arguments in a case challenging the Davidson County Sheriff’s Office’s authority to participate in the federal program. Fox 17 has video of the march and the arguments.
Tennessee Democrats say their analysis of Secretary of State records shows more than 11,000 voters across the state have had part or all of their voting histories “disappear” between December and last month. Calling the entire issue “troubling,” they are warning it could lead to some voters getting unfairly purged from voting lists. Earlier this week, state Democratic Party Chairman Chip Forrester called on State Election Coordinator Mark Goins for a “full and detailed explanation” as well as an “independent review...” of the state’s voter files. The situation, which first came to light in Shelby County, now involves 69 counties, according to party officials. The Chattanooga Times Free Press has more.
Shelley Breeding cannot be a Knox County candidate for the General Assembly, a three-judge panel of the Tennessee Court of Appeals ruled this morning. The panel upheld a chancery court decision that Breeding is legally a resident of Anderson County saying she "has not produced any credible evidence" that maps showing the location of her home are inaccurate. Breeding had wanted to run in the Democratic primary in the newly created 89th District, which lies entirely in Knox County. The News Sentinel reports
The law director's office will remain an elected position in Knox County, the county's Charter Review Committee decided Wednesday when it voted against putting language that would change how the office is selected before voters. The News Sentinel reports that the issue died when the committee rejected proposed language that was different than what members had expected to debate.
Special Judge Jon Kerry Blackwood, who is sorting out the fate of cases previously prosecuted in former Knox County Criminal Court Judge Richard Baumgartner's court, threatened Knox County District Attorney General Randy Nichols with contempt of court today and told Special Counsel John Gill he needed to produce proof of ex parte communications by the court or report himself to the Board of Professional Responsibility. Gill had accused the court of such activity in an email made public by the Knoxville News Sentinel. The fiery exchange came as Blackwood refused to step down from one of the cases in play and would not allow the government to argue its motion that he recuse himself. Read about today's developments from the paper.
U.S. Magistrate Judge Clifford Shirley today approved a three-month delay in the federal trial of former Knox County Criminal Court Judge Richard Baumgartner. Lawyers for Baumgartner had asked for the delay saying they had “only scratched the surface of the complex and voluminous government discovery” and would not be ready to file meaningful motions by this week's deadline. The trial was to have started on June 18. It now will start on Oct. 23. Read more in the News Sentinel
In related news, U.S. District Judge Thomas Phillips, who was set to preside over the trial, recused himself yesterday. It will be up to Chief U.S. District Judge Curtis Collier to name a replacement. Learn more about that development
In the first of a two-part series, National Public Radio today looked at what the U.S. Justice Department is calling a “crisis” in the provision of legal assistance for the indigent. Today’s program focused on the situation in Michigan, where a patchwork of rules that vary among counties are confusing for defendants and appointed counsel, who often are young and inexperienced. Now, a lawsuit against the state and recent exonerations due to poor legal counsel are adding pressure to do something about the situation. Tomorrow, the station looks at a legal aid program in Baltimore that faces an uncertain future. Listen to today's story or read it here
Tennessee Supreme Court justices heard oral arguments today on a controversial immigration program that allows local law enforcement to question a person's immigration status. The so-called 287(g) program is a partnership between local departments and federal authorities. Three civil rights groups want the court to block Davidson County's participation in the program. A local lawyer argues the sheriff's office can't enter into such an agreement, because the agency gave up law enforcement powers in 1963. News Channel 5 has the latest
Columbia Judge Bobby Holloway took the helm of the Tennessee Judicial Conference (TJC) at the group’s meeting last week in Memphis. By virtue of his office, Holloway also becomes a member of the TBA Board of Governors. The relationship between the TBA and the judges organization is further strengthened by participation of the TBA president in the TJC Executive Committee. Holloway succeeds Judge James C. Beasley from Memphis. Read more from the AOC
A free legal clinic for Nashville area residents who need advice on immigration issues will be held Saturday from 9 a.m. to 12:30 p.m. at Hillcrest United Methodist Church, 5112 Raywood Lane, The Tennessean reports. The American Immigration Lawyers Association (AILA), Justice for Our Neighbors of Tennessee (JFON) and the MidSouth Chapter of AILA will host the event. Volunteer attorneys will be available for one-on-one meetings, to answer questions, make assessments and give recommendations. Languages spoken will include Chinese, Finnish, French, Hindi, Polish, Spanish, Telegu Urdu, and others. Cases will be handled on a first-come, first-served basis.
