Tennessee’s Declaration of Independence

Armed Revolt and the Constitutional Right of Revolution

In the course of its existence, the State of Tennessee has adopted three constitutions, those of 1796, 1834 and 1870, the latter of which, as amended, currently is in force. From its initial adoption in 1796, the Declaration of Rights contained in Article I of the Tennessee Constitution has started with two unusual and rarely invoked sections, which preserve in the people what has been recognized as

Jury Duty

There is a new law controlling jury duty. It is Chapter 1159 of the 2008 Public Acts, effective Jan. 1, 2009. All competent adults summoned must serve unless excused.[1]

Some folks are incompetent and may not serve. Among those are infamous felons, including perjurers. A person “interested” in the case cannot serve. Close relatives of parties (within the sixth degree computed by the civil law) are likewise ineligible.

Probably the portion

An Imperfect Christmas

My mom always tried to make every Christmas perfect. Throughout the entire year, she collected wonderful items to put in our Christmas stockings. She put red bows in the holly bushes in front of our house and twinkling lights in the azalea bushes. She ordered country ham from my uncle’s little grocery store in Nashville and sourwood bee honey for my dad from friends in East Tennessee. When we opened
presents, she would always hide one of the “biggies” for me and bring

Deadline to qualify is Feb. 15

Run for TBA Office

During 2009, the following officers, governors and delegates of the Tennessee Bar Association (TBA) will be elected as set forth in the association’s bylaws:

TBA Officers and Board of Governors’ Officers

A vice president (from the West Tennessee Grand Division — elected by the association’s membership-at-large). The vice president automatically assumes the office of president-elect in 2010 and president in 2011.

District Governors

District gov...
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Recently retired Tennessee Supreme Court Chief Justice William M. Barker has joined the Chattanooga firm of Chambliss, Bahner & Stophel PC, where he will serve in the litigation section and practice in the areas of mediation, arbitration and alternative dispute resolution. A native of Chattanooga, Barker entered the private practice of law there after graduating in 1967 from the University of Cincinnati School of Law. He was appointed to the Tennessee Court of Criminal Appeals in 1995 and to the

Court of the Judiciary

Bedford County General Sessions Judge Charles Rich of Shelbyville received a public letter of reprimand from the Tennessee Court of the Judiciary on Oct. 10 for failing to make findings of fact and continuing to act on a case after recusing himself. In the first instance, the court found that Rich failed to make findings of fact in a juvenile case, which delayed the complainant’s ability to appeal and resulted in an untimely resolution of issues. The court determined that
...
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‘Salt’ in My Beer: The Trial of Steve White

I often shake salt into my glass of beer. Because of weird health problems, I must replace sodium loss constantly. I’m glad I never encountered Steve White. He tried to kill business partner and neighbor Phil Rouss with mercury and arsenic, the latter poison being poured into Rouss’s beer.

The facts are detailed by Judge Tipton in State v. White, 28 TAM 29-13 (Tenn. Crim. App., May 23, 2003). Here’s a summary.

Victim Rouss of Bartlett had an ant

2009: The Great Estate Distortion

Here’s a problem for some of your estate planning clients: on Jan. 1, 2009, the federal estate tax exemption[1] rises to $3.5 million, up from $2 million in 2008.[2] Since current law would repeal the estate tax completely in 2010 but then return it in 2011 to pre-2001 levels, Congress and President Obama are highly likely during 2009 to freeze the exemption at $3.5 million for at least a few more years as well.

That’s a problem? Well, yes, for some clients. A

Polk: The Man Who Transformed the Presidency and America

By the time you read this, the smoke will have cleared from the tumultuous race for president of our United States of America. At the early voting venue I considered casting a write-in ballot for James Knox Polk. But he died on Friday, June 15, 1849.

Mr. Borneman has written the best biography of Polk. I recommend that you purchase and read it. The author is a master of English prose.

James K. Polk made promises that he kept. He would serve o

Pritchard on Wills and Administration of Estates

When I began my estate planning and administration practice 10 years ago, I understood quickly that there were three sources of relevant law with which I needed to be very familiar: the Tennessee Code, the Internal Revenue Code, and Pritchard on Wills and Administration of Estates. Lawyers have cited Pritchard in their court briefs and judges have cited Pritchard in their opinions so widely that, as is the case with the best treatises, what first r...
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Not Your Father’s Supreme Court Anymore

Tennessee, where the men are men, and the women are … Supreme Court Justices!

On Sept. 2, the Honorable Janice Holder became the first female Chief Justice in the history of the Tennessee Supreme Court. Three weeks later, Gov. Bredesen appointed Judge Sharon Lee to the state’s highest court, and faster than you could say “Ruth Bader Ginsberg,” suddenly the majority of the Tennessee Supreme Court is female. Heck, it’s not just the majority, it’s

The Journal classifieds are updated monthly, around the first of each month. You may also wish post your ad on JobLink, our free online service, which is updated weekly.

The classified advertising rate is $80 for up to 50 words and $1.60 per word thereafter. As a service to our members, there is no charge for advertisements up to 50 words for full-time job openings.

For more information, see our info page or e-mail ...

4ALL campaign takes on access to justice problem

Law grads' debts loom large in this ecomomy

Nearly 44,000 law students nationwid