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 state Senate took a test vote on Thursday to see who likes what method of appointing judges, WPLN reports. A proposal much like the current system got one vote more than a measure that would put a federal-type, appoint-and-confirm system in place. To be eligible to go on the next referendum ballot (November 2014) bills must pass both houses by a simple majority this year, then pass in the next General Assembly by a two-thirds vote. Although the resolutions have been “read” in the Senate, almost a ceremonial step, no votes on the measures themselves have been taken. The earliest that could happen is Monday.
In what was expected to be the last meetings of the year for the House and Senate Judiciary committees, legislators dealt with several issues of interest to lawyers. The marathon sessions this week lasted more than a combined total of 22 hours. Among the items addressed were:
• Legislation to codify an end to joint and several liability (SB 2141, HB2810) and further limit punitive damages in vicarious liability cases (SB 2637, HB 3125) were both “taken off notice” -- signifying the sponsors’ intention not to pursue passage this year.
• Legislation to codify a duty of care to trespassers (SB 2719, HB 2983) was recommended for passage.
• A bill to require payment of up to $5,000 in costs to a prevailing party in certain limited cases in which a motion to dismiss is granted (SB 2638, HB 3124) will move forward for consideration.
• Legislation to change the rate of interest on judgments (SB 2705, HB 2982) was recommended in both houses but faces an uncertain future because of differences between the two versions.
• The TBA-backed bill to revise various provisions of probate law (SB 2948, HB 3237) received a favorable recommendation.
• A bill that would have significantly impacted conservatorship proceedings (SB 2519, HB 2648) was recommended after adoption of TBA amendments to limit is impact while agreeing to study the issues further.
The U.S. Court of Appeals for the Sixth Circuit has upheld the life sentence of a Jackson man who pleaded guilty to exploitation of minors and trafficking in child pornography. Stephen Lynn Hammonds had argued that his sentence by U.S. District Court Judge Bernice Donald was unreasonable and excessive. Writing for the appeals court, Judge Julia Gibbons said Donald did not abuse her discretion: "The district court did consider the mitigating factors in the case but found, appropriately and within its discretion, that concerns about the seriousness of the crime and the need to protect the public were paramount." Read an analysis of the case on Chattanoogan.com or download the opinion
Results from the most recent Tennessee bar examination are expected to be released tomorrow (Friday). Candidates who took the exam in February should know by about noon whether they passed the test. Watch the Tennessee Bar Association's website for results
The Hamilton County Courthouse will host an opening reception for the Tyner Academy Student Art Exhibit "Nature from Scratch" on April 19 at 5:30 p.m. The Hamilton County Board of Commissioners and Allied Arts of Greater Chattanooga invite the public to attend the free reception. RSVP by Monday to aarts@alliedartschattanooga.org or (423) 756-2787. Chattanoogan.com reported the event
Tennessee has joined with 14 other states and the U.S. Justice Department to file suit against three of the nation’s largest book publishers and Apple Inc., alleging price fixing of e-books in a $100 million conspiracy. The suit was filed yesterday in Austin, Texas. Read the AG's release or more about the case in the Tennessean
Prospective jurors headed to court in North Carolina today to find out whether they'll be chosen to sit in judgment of former U.S. Sen. John Edwards. The former Democratic presidential candidate faces campaign finance charges that could send him away for as long as 30 years. Prosecutors accuse Edwards of accepting and failing to report nearly $1 million that donors funneled through intermediaries to support a lavish lifestyle for his mistress. The donors themselves face no criminal charges and observers are split over whether the Justice Department has overreached in the case. National Public Radio has more
Services for former First Judicial District Attorney General Joe Crumley will be held Saturday at 4 p.m. at Dillow-Taylor Funeral Home in Jonesborough. The family will receive friends prior to the service from 2 to 4 p.m. Cremation will follow the service. Memorial donations may be made to Washington County/Johnson City Animal Shelter, 525 Sells Ave., Johnson City 37604. Crumley died April 9. Read more from his obituary
Special Judge Jon Kerry Blackwood ruled yesterday that former Knox County Criminal Court Judge Richard Baumgartner had not affirmed the jury verdict in the case of Paul Jerome Johnson Jr., found guilty in the July 2008 death of an 18-month-old child. Saying he could not serve as the so-called "13th juror" required by law to affirm verdicts, Blackwood granted Johnson a new trial. If the decision stands, it likely means that new trials also will be granted for child rapist Jayson Bailey, mall shooter William Johnson and kidnapper Tallie Lee Riley. But prosecutors disagree that Baumgartner did not fulfill the legal requirement and say they are taking the case to the Court of Criminal Appeals. The News Sentinel has more
Jeffrey L. Davidson, 41, of Rutledge died April 3. A graduate of the University of Tennessee College of Law, Davidson opened a private law practice in Rutledge in 1996. A fund to help defray college costs for his five children has been established at the Citizens Bank and Trust in Rutledge. To contribute, mail donations to Davidson College Fund, Attn: Melissa Roberts, c/o Citizens Bank and Trust Co. of Grainger County, P.O. Box. 98, Rutledge 37861. Read Davidson’s obituary
University of Tennessee College of Law professors Penny White and Becky Jacobs, and student Todd Skelton were honored at the 2012 UT Chancellor's Honors Banquet this week. White, who is director of the school's Center for Advocacy and Dispute Resolution, was named Outstanding Teacher and presented with the Jefferson Prize, which recognizes faculty who demonstrate excellence in research and creative activity. Jacobs, who is director of the college's Mediation Clinic, received the Excellence in Academic Outreach Award for her work as a civil mediator and mentor for attorneys pursuing mediator certification. Skelton, a 2L, won an award for Extraordinary Campus Leadership and Service. As president of the Graduate Student Senate, he organized the first-ever Graduate Student Town Hall and has worked to increase graduate student participation in campus governance. Read more in this week's issue of the Informant
Davidson County lawyer Aneel M. Pandey was publicly censured on April 11. Pandey self-reported to the Board of Professional Responsibility that as a party to a divorce action, he lied under oath on three occasions about events that were material to the divorce. He responded to an interrogatory untruthfully, testified in his deposition that the answer to the interrogatory was truthful, and further untruthfully testified about the subject. When confronted with conclusive evidence later in the deposition, Pandey admitted that he had been untruthful in his prior testimony. Download the BPR release
The Knoxville firm of Hodges, Doughty & Carson PLLC is seeking an associate attorney with a minimum of five years experience in estate and gift tax planning, personal income tax, business succession planning, and corporate, partnership and LLC taxation. An L.L.M. in taxation is preferred but not required. To apply, please email cover letter and resume to sbarrett@hdclaw.com or mail to P.O. Box 869, Knoxville 37901. Learn more on JobLink
Legislation to abolish the Tennessee Plan and replace it with contested, partisan elections for all appellate judges in 2014 failed in what is expected to be the last meeting of the House Judiciary Committee late today. The vote was 7-7 on HB 173 by Rep. Glen Casada, R-Franklin.
First thing this morning, the Senate held the first reading on two resolutions that cleared the Senate Finance Committee as reported in TBAToday yesterday. Early voting on those resolutions though is not considered to be indicative of the final outcome. SJR 183 by Mark Norris, R-Memphis, permits the General Assembly to adopt a merit appointment system with retention elections. SJR 710 by Brian Kelsey, R-Collierville, forbids merit selection and provides for gubernatorial appointment and legislative confirmation before retention elections.
At midday, the House Finance Subcommittee recommended to the full committee adoption of HJR 830 by Jon Lundberg, R-Bristol, as amended. This bill is considered the analog to Norris' SJR 183. The amendment requires merit-based selection "with the concurrence of the legislature” followed by retention elections. The analog to SJR 710, which is also sponsored by Rep. Lundberg was put over for consideration in the subcommittee until next week.
What does it all mean? It is always hazardous to predict legislative matters, particularly in the fluid, chaotic state of affairs at the end of a legislative session. However it does appear that some of the options for advocates of changing our system are narrowing, as are the options for renewing the current plan. Stay tuned for further developments.
At an event at the National Press Club today, New York City Mayor Michael Bloomberg and leaders of African American organizations announced a national campaign against "stand your ground" self-defense laws. Bloomberg said the campaign would be a grassroots effort that would include outreach to lawmakers in all 50 states and creation of model legislation. New York Daily News has the story and a press release from the mayor's office.
George Zimmerman, the Florida neighborhood-watch volunteer who fatally shot teenager Trayvon Martin, was charged today with second-degree murder. He reportedly is in police custody and has new defense counsel after his lawyers stepped down from the case yesterday. The AP has more
Meanwhile, U.S. Attorney General Eric Holder promised that his office will take appropriate action if evidence of a civil rights crime is found. The Justice Department launched an investigation of the killing three weeks ago. Representatives have been in Florida talking with Martin’s family and working to reduce racial tensions. WRCB Chattanooga has this AP story.
During a nine-hour layover in Nashville while traveling through on a Greyhound bus, William Todd managed to wreak havoc on the city, allegedly committing 11 felonies. Police say his crime spree included breaking and entering a business; stealing a Taser, revolver and shotgun; setting fire to a business; holding up four pedestrians, tasing one and pistol-whipping another; carjacking a cab; using stolen credit cards to buy $199 worth of items at Walmart; breaking into several hotel rooms posing as a female housekeeper; stealing $600 from a Canadian couple; crashing the stolen cab into a parking garage; and holding up another cab driver at knifepoint. Police caught up with Todd at Opryland, submerged up to his nose in a water-cooling vat. In the middle of the chaos, Todd reportedly broke into Nashville law firm King & Ballow, ransacked the office, defecated on a desk and smeared feces on some of the framed law degrees. Police say he is also wanted in Kentucky. WSMV has the story
A Chattanooga man serving time in state prison was arraigned Tuesday on charges that, in an attempt to get out early, he forged the signature of the federal judge who sentenced him in a separate embezzlement scheme. The document could have removed a federal hold, allowing possible release from state custody, where he's serving time on separate charges before beginning his five-year federal sentence. Trial is scheduled for June 18. If convicted, Shaun Steven Kidd could face up to 20 years on a tampering with evidence charge. The Times Free Press has more
