News

National Show: Defendants Struggle to Find Justice in Tennessee

A national radio show looks at Tennessee's criminal justice system, the "difficulties in Tennessee's appeals process," and how appointed lawyers deal with mandated caps on payments from the state. "The Takeaway," a show hosted by WNYC, focused a recent segment on a 2007 case in which Thomas Edward Clardy was convicted of murder and given a life sentence for killing a man and wounding a woman at an auto body shop in Madison, Tennessee. Andrew Cohen, senior editor at The Marshall Project who's been covering Clardy's case, and Nashville lawyer Jessica Van Dyke, who currently represents Clardy, discuss the case, Tennessee's criminal justice system and how the Tennessee Supreme Court has addressed the issue.

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Execution Proceeds, Lawyer Denied Phone Access

Alabama inmate Thomas “Tommy” Arthur, 75, was executed early today, the eighth time an execution had been scheduled for him. The U.S. Supreme Court had initially stayed Arthur’s execution on Thursday, then allowed it to proceed, writes the ABA Journal. In a dissent, Justice Sonia Sotomayor expressed concern about use of the execution sedative midazolam, and that the state denied Arthur’s counsel access to a phone "through which to seek legal relief if the execution fails to proceed as planned.” The state's action, she wrote, "means that when Thomas Arthur enters the execution chamber tonight, he will leave his constitutional rights at the door.”

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Sessions Praises Law Enforcement, Promises to Address Violent Crime in Memphis

U.S. Attorney General Jeff Sessions visited Memphis today and addressed a crowd of law enforcement officials at the U.S. District courthouse, The Commercial Appeal reports. He spoke about families living “every day as hostages in their own homes” in violent neighborhoods and promised to reverse the recent trend of reduced federal gun and drug prosecutions. Congressman David Kustoff welcomed him, and joined Sessions in praising the law enforcement of West Tennessee.

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Sessions to Visit Memphis Tomorrow

U.S. Attorney General Jeff Sessions will pay a visit to Memphis tomorrow to speak with law enforcement, Action News 5 reports. He will talk to federal, state and local law enforcement about efforts to combat violent crime in the city. Sessions has cited Memphis in the past when discussing cities with rising opioid addiction and violent crime rates, alongside Chicago and Baltimore.
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Turn Your Expertise into a Magazine Article

It’s no surprise that some of the best articles in the Tennessee Bar Journal have come from TBA section members. Your membership in this section shows that you have a keen interest in trends, developments and case law in this practice area. Sharing this knowledge with your colleagues is one of the best traits of the profession.

How can you become a Journal author? Think of and refine your topic. It should be of interest to Tennessee lawyers, which is a broad criteria. This could mean you might explain a new state law, explain a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. Then take a look at the writer’s guidelines at http://www.tba.org/submit-an-article, which will tell you about length, notes and other details. Once it’s in the proper format, send it in! It goes to the editor, Suzanne Craig Robertson, who will then get it to the seven members of the Editorial Board for review.

If you are published, you may apply for CLE credit for your work under Supreme Court Rule 21 Section 4.07(b). For details on claiming the credit, check with the Commission on CLE & Specialization at http://www.cletn.com/.

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DA’s Comments on Police Shooting Could Open the Door to Lawsuits

When Nashville District Attorney Glenn Funk said they found aspects of the police’s investigation into the deadly shooting of Jocques Clemmons by an officer that could be perceived as bias, he opened the door to potential legal fallout, an analysis published by The Tennessean suggests. Subodh Chandra, the Ohio attorney who represents the family of Tamir Rice, a 12-year-old boy killed by police in 2014, said that Funk’s comments could be helpful to the Clemmons family as well as potential plaintiffs in the future. The Clemmons family has not filed a lawsuit yet, but it has hired representation and is weighing its options.
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DA’s Comments on Police Shooting Could Open the Door to Lawsuits

When Nashville District Attorney Glenn Funk said they found aspects of the police’s investigation into the deadly shooting of Jocques Clemmons by an officer that could be perceived as bias, he opened the door to potential legal fallout, an analysis published by The Tennessean suggests. Subodh Chandra, the Ohio attorney who represents the family of Tamir Rice, a 12-year-old boy killed by police in 2014, said that Funk’s comments could be helpful to the Clemmons family as well as potential plaintiffs in the future. The Clemmons family has not filed a lawsuit yet, but it has hired representation and is weighing its options.
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Prosecutors Push Back Against Sessions Order to Pursue Most Serious Penalties

Thirty current and former state and local prosecutors have signed an open letter expressing concern over a recent order from Attorney General Jeff Sessions to “charge and pursue the most serious, readily provable offense,” The Washington Post reports. The letter was released today by the nonprofit Fair and Just Prosecution, and it calls Sessions’ directive “an unnecessary and unfortunate return to past ‘tough on crime’ practices” that will do more harm than good. The letter cites increased federal spending on incarceration, higher prison populations, and a lack of true rehabilitation for low-level drug offenders as likely results of the order.
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Prosecutors Push Back Against Sessions Order to Pursue Most Serious Penalties

Thirty current and former state and local prosecutors have signed an open letter expressing concern over a recent order from Attorney General Jeff Sessions to “charge and pursue the most serious, readily provable offense,” The Washington Post reports. The letter was released today by the nonprofit Fair and Just Prosecution, and it calls Sessions’ directive “an unnecessary and unfortunate return to past ‘tough on crime’ practices” that will do more harm than good. The letter cites increased federal spending on incarceration, higher prison populations, and a lack of true rehabilitation for low-level drug offenders as likely results of the order.
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DA Encourages Nashville to Move Towards Restorative Justice

Davidson County District Attorney General Glenn Funk said last week that he wants Nashville leaders to fund a restorative justice program, the Tennessean reports. Funk said such a program “can create a more fair justice system and better serve the community of Nashville." Currently, the city has plans for a pilot program in Juvenile Court.
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Sessions to Toughen Rules on Prosecuting Drug Crimes

In a rollback of Obama-era policies, Attorney General Jeff Sessions is expected to toughen rules on prosecuting drug crimes, the New York Times reports. Sessions has been reviewing memos issued by former AG Eric Holder, who favored prosecutors using their discretion in what criminal charges are filed, particularly when those charges carried mandatory minimums. Sessions could return the Justice Department to George W. Bush-era mandates issued by then-Attorney General John Ashcroft. Those orders called for the nation’s prosecutors to bring the most serious charges possible in the majority of cases.
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Sessions to Toughen Rules on Prosecuting Drug Crimes

In a rollback of Obama-era policies, Attorney General Jeff Sessions is expected to toughen rules on prosecuting drug crimes, the New York Times reports. Sessions has been reviewing memos issued by former AG Eric Holder, who favored prosecutors using their discretion in what criminal charges are filed, particularly when those charges carried mandatory minimums. Sessions could return the Justice Department to George W. Bush-era mandates issued by then-Attorney General John Ashcroft. Those orders called for the nation’s prosecutors to bring the most serious charges possible in the majority of cases.
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TBA Convention in Kingsport is Just Around the Corner

Registration is open for the 2017 TBA Annual Convention. This years programming offers plenty of opportunities to make new friends and renew acquaintances with colleagues from across the state. The highlight comes Thursday night with the Kingsport Karnival at the downtown Farmers Market. Along with fabulous food and drink, there will be live music from two bands, an aerialist, juggler, magician, body and face painters, caricaturist and more. Plus, you'll have access to the fabulous Kingsport Carousel, the delightful project of community artisans. Special thanks to Eastman for support of this event! 

This years convention also offers 12 hours of CLE programming, highlighted by sessions on the Hatfields and McCoys, The Neuroscience of Decision-Making, and the popular Better Right Now wellness program. It is all set at the beautiful MeadowView Marriott Conference Resort & Convention Center. To receive the TBA $129 room rate, you must book your reservation by May 23. Book your room online now or call 423-578-6600.

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Call For Submissions — Law Practice Pointers

One of the benefits of being a TBA Section Member is having access to information from experienced practitioners to assist in your day-to-day practice. The sharing of this information amongst colleagues is one of the best traits of the profession. It is also a way of helping each other to maneuver the evolving legal market and strengthen your legal practice.

How can you help your fellow Section Members?  If you have some Law Practice Pointers you would like to share with your fellow section members, write an article between 300-500 words and submit it to the Section Coordinator for review and approval. These Law Practice Pointers can be related to a court opinion, piece of legislation, or current event or industry trend that affects the practice of law as it relates to the specific Section. The main requirement is to make sure the article gives lawyers practical tips, based on experience, to include in their day-to-day practice.

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Third Alleged Attacker in Vandy Rape Case in Court Today

One of the four men charged in the Vanderbilt rape case was in court today for a motions hearing, indicating that his case will likely head to trial, the Tennessean reports. Brandon Banks and his attorney Mark Scruggs made arguments in the hearing that some case evidence should not be used against him in trial. Two others accused in the case, Brandon Vandenburg and Cory Batey, have already been convicted. The trial is set for June 19.
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Rutherford Sheriff Sentenced to 4 Years

Former Rutherford County Sheriff Robert Arnold was sentenced today to nearly four years behind bars for illegally selling e-cigarettes to inmates, the Tennessean reports. Arnold, his uncle John Vanderveer, and former sheriff's administration chief Joe Russell, were indicted in May 2016 for illegally profiting off inmates through their JailCigs business. Vanderveer and Russell will be sentenced in September. "Public corruption is a very serious offense," U.S. Judge Marvin Aspen said, adding that such crimes are even worse when involving law enforcement.
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Nashville DA to Investigate Judicial Influence

Nashville District Attorney Glenn Funk has pledged to investigate when judges attempt to influence police officers, the Tennessean reports. The move comes after local leaders have raised concerns about Police Chief Steve Anderson’s decision not to discipline officers who let one of then-Judge Casey Moreland’s paramours leave a traffic stop after receiving a call from Moreland. "No judge should ever call a Metro officer in the middle of a traffic stop and instruct the officer not to issue a citation or make an arrest," Funk said.
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Shelby County DA Investigates Fired Sex Crimes Detective

Shelby County District Attorney Amy Weirich’s office confirmed that it is involved in a probe into a decorated Memphis Police Department sex crimes detective who was relieved of duty last week, the Commercial Appeal reports. Ouita Knowlton was fired last week for unspecified reasons, and the City of Memphis decided to withhold records related to her release, citing “an open and ongoing law enforcement investigation.” The investigation highlights frustrations felt by rape victims like Meaghan Ybos, whose rape kit was not tested until nine years after her attack.

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Knox Mayor's Ex-wife Asks for Trial Relocation

Attorneys for Allison Burchett, the ex-wife of Knox County Mayor Tim Burchett, plan to argue that it will be impossible for their client to get a fair trial from Knox County residents, the Knoxville News-Sentinel reports. Her lawyers will ask Special Judge Don R. Ash on Thursday to either use residents from outside of Knox County as jurors or hold the trial in Nashville. Allison Burchett is charged with identity theft and computer fraud for attacks against Nicole Strickland, the estranged wife of the defendant's current boyfriend.
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Asset Forfeiture Bill Delayed in House, Moves Forward in Senate

A bill which would change state law to require a conviction before a criminal’s assets are seized has moved forward with amendments in the Tennessee Senate, but was taken off-notice in the House Criminal Justice Subcommittee, effectively delaying it until next year. The bill was taken off-notice without discussion by its sponsor, Rep. Martin Daniel (R-Knoxville). In the Senate, the bill will head to the floor with an amendment that requires the seizing law enforcement officer to mail a Notice of Forfeiture Warrant Hearing to the owner within five days of the seizure and allows the property owner to be present at the probable cause hearing.
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Motorist Faces Murder Charges in Knox Case

A case in Knox County asks the question of whether a motorist who causes a death can be charged with murder under state law, the Knoxville News Sentinel reports. Ralpheal Cameron Coffey of Oak Ridge is accused of killing an innocent motorist and his own passenger while behind the wheel trying to outrun law enforcement in May 2016. Prosecutors convinced a grand jury to charge Coffey with two counts of second-degree murder, a charge that hasn’t been used for a case like this one since 1989.
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Recidivism in Tennessee High, But Improving

Nearly half of all people released from prison will return within three years, according to data released by the Tennessee Department of Correction on Thursday, the Tennessean reports. However, recidivism has gone down by 3.4 percent, from 50.5 percent in 2010 to 47.1 percent in 2016. "These encouraging numbers demonstrate that we're on the right track," said TDOC Commissioner Tony Parker.
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Moreland Case Leads to Calls for Reforms

The investigation of former Nashville Judge Casey Moreland is leading some city officials to question the systems used for tracking cases in the city’s 11 General Sessions courts, The Tennessean reports. Vice Mayor David Briley is among those calling for more oversight of when and how cases are moved between judges. Today, there's no official documentation to show when a case is transferred.

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Community Foundation Grant Provides Van to Drug Court

The 23rd Judicial District Drug Court received a grant from the Community Foundation of Middle Tennessee for a 15-passenger van to transport participants to work, counseling, community service and mandatory court sessions.

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Gov. Signs Law to Overturn Nashville, Memphis Marijuana Acts

Gov. Bill Haslam on Wednesday approved legislation that repeals separate Nashville and Memphis laws that had allowed partial marijuana decriminalization in those communities, the Tennessean reports. The signing ends the short-lived policies adopted last fall that gave police the power to reduce penalties for possession of small amounts of marijuana.

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