News

Indigent Representation Task Force to Meet Friday

The Tennessee Supreme Court’s Indigent Representation Task Force will meet at 10:30 a.m. tomorrow in Room LP12 of Legislative Plaza in Nashville. The panel will hear presentations from Vince Dean, Hamilton County criminal court clerk and president of the Tennessee Clerks of Court Conference; Jerry N. Estes, executive director of the Tennessee District Attorneys General Conference; Charme Allen, Knox County district attorney general; Davidson County Criminal Court Judge Mark Fishburn; and Justyna Garbaczewska Scalpone with the Tennessee Office of the Post-Conviction Defender. Get details about the meeting.

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Court Grants Review of 4 New Cases

The Tennessee Supreme Court recently granted review of four cases, which raise issues related to administrative employment appeals, marital property and two wrongful death claims. The Raybin Supreme Court Hotlist reviews each case and offers a prediction as to how each may be decided.

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Judge Reopens Funk Case, State Hires Private Counsel

A federal judge has reopened a case against Nashville District Attorney General Glenn Funk, the Tennessean reports. Last week, U.S. District Judge Aleta Trauger dismissed the lawsuit brought by David Chase because his lawyer, John Boucher, missed a deadline to respond. Boucher appealed the decision arguing that he was mistakenly following rules for the Eastern District. Yesterday, Trauger reopened the case and gave Boucher until Sept. 23 to respond. Chase is suing Funk and Assistant District Attorney General Katy Miller over how his domestic violence case was handled. In related news, the state has hired James Kay with the Nashville firm of Kay, Griffin, Enkema & Colbert to represent Funk and Miller.

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Pearls & Pinstripes Gala Planned for Sept. 30

The Tennessee Coalition to End Domestic & Sexual Violence will host the fourth annual Pearls & Pinstripes Gala Sept. 30 from 6-10 p.m. at Nissan Stadium’ West Club in Nashville. The event, which is the group’s annual fundraising gala, includes dinner, entertainment and live and silent auctions. Tickets are $125 each and may be purchased online. For a second year, the Tennessee Titans have partnered with the coalition to present the gala and to kick off October’s designation as Domestic Violence Awareness Month. Learn more about the event in this release.

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Reminder: 2 Events Taking Place Next Week

The Nashville Bar Association will host its annual member picnic Thursday from 5:30 to 8:30 p.m. at the Walk of Fame Park. The family-friendly event, co-sponsored by the Metro Law Department, will include a catered dinner and open bar. Members can attend for free. Nonmembers can buy tickets for $20 per person. CASA Monroe will benefit from the fourth annual Muscadine Balloon Fiesta next weekend at the Tsali Notch Vineyard, 140 Harrison Rd. in Madisonville. The event will feature balloon rides, live music, food, games and a Balloon Glow at dusk. 

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County Can’t Use Federal Grant to Compel Victims’ Testimony

The grant Washington County uses to prosecute domestic violence cases prohibits the district attorney’s office from forcing victims to participate in criminal proceedings, according to News Channel 11. The $216,000, three-year STOP Domestic Violence Against Women grant funds the district’s domestic violence prosecutor through June 2018. Channel 11 reporters had earlier found that more than a dozen victims were held in contempt of court after they failed to appear in court and testify. Domestic violence prevention advocate Lynn Armstrong says she is still in shock from learning about the contempt charges. “It is never OK to arrest victims for not showing up to court, because we don’t know what’s going on behind closed doors,” she said.

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Nashville Funds Legal Aid’s Work Against Domestic Violence

The Legal Aid Society of Middle Tennessee and the Cumberlands will receive $186,500 from the Metropolitan Government of Nashville and Davidson County for the current fiscal year. The grant will fund services to survivors of domestic violence, including legal representation, attendance at order of protection hearings, and community education. Last year, the group used similar funding to provide legal assistance to 279 domestic violence victims, attend 136 court dockets where order of protection petitions and related motions were heard, and publish more than 1,150 educational materials and self-help guides for domestic violence victims. The group announced the partnership in a recent newsletter to supporters.

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Services Pending for Memphis Lawyer Caywood

Memphis lawyer David Caywood died Wednesday (Sept. 7) after suffering a stroke a few weeks earlier. He was 79. As a young lawyer at Burch, Porter & Johnson, Caywood was recruited by his father-in-law, Lucius Burch, to help represent sanitation strikers in Memphis during the height of the civil rights movement. Burch and Caywood met with Dr. Martin Luther King Jr. at the Lorraine Motel the day before King was assassinated. Caywood went on to practice for 50 years mostly in the area of family law. He also represented former state senator John Ford and the wife of a FedEx pilot who was found beaten and burned while attempting to divorce her husband. The Commercial Appeal has more on his life. Funeral arrangements are pending.

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Opinions Differ on Jailing Domestic Violence Victims

Prosecutors and defense attorneys differ on the wisdom of jailing domestic violence victims who fail to appear in court. That question is being played out in the case of a Johnson City woman who could not get a ride to court to testify against her abusive spouse. She was jailed and said she was beaten there, the Johnson City Press reports.

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Read About Estates, Torts, Family Law … and Dodge Ball?

Murfreesboro lawyer Josh McCreary examines last wills and testaments, writing that "in the wake of the 2015 Court of Appeals opinion in In Re: Estate of Morris, the Tennessee legislature has stepped in and amended Tenn. Code Ann. §32-1-104 to lessen the formalities of Wills executed before July 1, 2016." Read in the September Tennessee Bar Journal what this will mean for estate practice. Columnist John Day writes about the two times in the past five years that the statute of limitations applicable to personal injury claims filed on behalf of persons with mental impairments has been changed. Columnists Marlene Eskind Moses and Manuel Benjamin Russ look into finding and defining income available for child support and alimony, and humor columnist Bill Haltom writes about his dubious experiences with junior high sports, particularly Dodge Ball.

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House Approves Rights for Sexual Assault Survivors

The U.S. House of Representatives voted unanimously Tuesday for legislation outlining a federal bill of rights for survivors of sexual assault. The legislation would ensure that survivors in federal criminal cases have a right to a sexual assault evidence collection kit, to be told of the results and to be notified in writing before the kit is destroyed. Lawmakers said they are troubled by the number of untested rape kits that remain in the country, despite efforts to reduce a national backlog. The bill now heads to the Senate, where similar legislation was approved this spring. WRCB-TV has the Associated Press story.

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ETSU, Family Justice Center Host Rape Education Event

East Tennessee State University and the Johnson City Family Justice Center are hosting a rape education and prevention conference Sept. 15 at the Millennium Center. Registration will begin at 8 a.m. with the program following from 9 a.m. to 5 p.m. The conference is designed to eliminate misconceptions about rape and foster better care for victims and survivors. Representatives from the Tennessee Coalition to End Domestic and Sexual Violence, First Judicial District Attorney General’s office and the Johnson City Police will educate attendees on prevention, response, advocacy and treatment for assault victims. The Erwin Record has details.

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Tennessee CASA to Recognize Attorney, State Rep.

The 2016 Tennessee CASA Annual Meeting will be held Sept. 20 from 10 to 11:30 a.m. at the Nashville Public Library Downtown Branch. The Light of Hope Award will be given to Commissioner Bonnie Hommrick of the state Department of Children’s Services, the Champion for Children Award will be given to Nashville attorney Meagan Frazier with Smith Harris Carr, and the President’s Award will be presented to State Rep. Charles Sargent, R-Franklin. For more information and to register before the Sept. 13 deadline, visit CASA’s event page.

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Court Solicits Comments on 2017 Rules Package

The Tennessee Supreme Court today published the annual package of recommendations from the Advisory Commission on Rules of Procedure and Evidence. Proposals include changing the place for filing a notice of appeal to the appellate clerk’s office, requiring payment of fees and taxes to the appellate court clerk at the time of initiation of an appeal, and changes to the Juvenile, Criminal and Evidence rules. Six TBA sections – Appellate Practice, Litigation, Tort and Insurance Law, Criminal Justice, Family Law and Juvenile and Children’s Law – will be asked to review the recommendations and propose comments on behalf of the association. Comments on the proposals are due Nov. 23.

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New Family Law CLE Videos Online

If you missed the TBA Family Law Section's annual family law forum, the sessions are now available online. Speakers focused on legislative updates, criminal implications in divorce and using digital evidence to win your case.

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Court Issues Order Amending Rule 40A

The Tennessee Supreme Court today issued an order amending Rule 40A of the Rules of the Supreme Court to remove “contested private guardianship cases” from the definition of “custody proceeding.” The court said that including guardianship cases in the definition is an apparent conflict with Rule 40A(6)(b) and Tennessee code section 34-1-107(d)(1). The court solicited comments on this proposed change between May 16 and July 15 but reports that it did not receive any comments.

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Judge Celebrates 1st Graduate of Trafficking Court

Davidson County’s sex and human trafficking court celebrated its first graduate this week, the Tennessean reports. For years, the woman was trafficked, sold to others for sex by her husband. She used drugs, leading to an addiction, and was stabbed several times during an attack. Instead of languishing in jail, she became one of the first participants in the Cherished H.E.A.R.T.S. intervention court, which provides resources and treatment to women who are arrested for crimes such as prostitution or drug offenses. A dozen women currently are participating in the program, which is overseen by Judge Casey Moreland.

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New Fee Could Fund Advocacy Centers

Two organizations helping victims of abuse may get additional financial assistance through a new fee assessed by the courts, the Tullahoma News reports. A Coffee County committee recently approved a $45 victims’ assistance fee to benefit the local Children’s Advocacy Center and Haven of Hope. The proposed fee would be collected from individuals convicted of or entering a plea of guilty to a crime that imposes a fine of over $500 and possible imprisonment. The county would keep $3 while the rest would be split between the groups. The full commission will vote on the issue in September.

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Celebration of Life Set for Johnson City Lawyer

The family and friends of Johnson City attorney Janie Lindamood will honor her memory on Sept. 11 at 4 p.m. at the Barn at Boone Falls, 1770 Old Gray Station Rd., the Washington County Bar Association announced today. Visitors are asked to use the entrance at 110 Kim Dr. The celebration will be casual and include live entertainment, food and beverages. Lindamood died Aug. 13 at the age of 65. In lieu of flowers, donations may be made to Coalition for Kids in Johnson City, which is part of the GoFund Me account set up in her name.

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Johnson City Lawyer Remembered for Mentoring Others

Johnson City attorney Janie Lindamood died Aug. 13 at the age of 65. She is being remembered by colleagues as a fierce advocate for the children she represented in court as a juvenile and family law attorney and as a generous mentor to young lawyers. Prior to becoming a lawyer, Lindamood worked as a hairstylist, as a florist and in healthcare administration. She earned her law degree in 1996 from the Oklahoma City University Law School. The family is planning a celebration of life next month. In lieu of flowers, donations may be made to Coalition for Kids in Johnson City, which is part of the GoFund Me account set up in her name. The Johnson City Press has more on her life.

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Court Square 2016 Debuts in Columbia

This year’s Court Square CLE series will launch Sept. 7 at First Farmers Bank in Columbia. Nathan Ridley, Jeff Carson and Roger Maness will address legislative updates, estate planning for digital assets and family law in mediation. Learn more or register online.

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Funeral Services This Week for LAW Founder

Nashville lawyer and TBA senior counselor Mary Frances Lyle died Saturday (Aug. 6). She was 80. A 1979 graduate of Vanderbilt University Law School, Lyle began her career lobbying the state legislature on behalf of the Nashville Women’s Political Caucus. During the 25 years she worked with the caucus, she helped draft and pass some of the most important legislation affecting women in Tennessee, including changes in alimony, maternity leave, sexual harassment and domestic violence law. Lyle also was a co-founder of the Lawyers Association for Women (LAW), Peace to End Abuse through Counseling and Education (PEACE) and Women in Business Inc. For many years Lyle operated her own family law practice but later joined Corley Henard Lyle Levy & Langford. Visitation will take place Friday from 1-6 p.m. at Horner-Roesch-Patton Funeral Home in Brentwood and Saturday from 9-10 a.m. at Christ Church Cathedral in Nashville. A time of remembrance with friends and colleagues will follow at 10 a.m. with the funeral service set for 11 a.m. Interment will be at Harpeth Hills Cemetery in Nashville. The Tennessean has more on her life.

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Washington County Family Justice Center Opens

Thursday marked the grand opening of the Family Justice Center in Johnson City, News Channel 11 reports. The center serves victims of domestic violence, sexual assault, and abuse, bringing victims’ services together under one roof, site coordinator Heather Brack said. Agencies with representatives at the center include the Johnson City Police, Washington County Sheriff, Safe Passage, a local domestic violence shelter, Sexual Assault Center of East Tennessee, Legal Aid of East Tennessee and the First Judicial District Attorney General’s office.

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State Leaders Participate in National Child Safety Initiative

Tennessee was one of eight states selected to participate in the Three Branch Institute to Improve Child Safety and Prevent Child Fatalities. The Florida event included sessions on identifying and assessing at-risk populations, parental substance abuse and opioid impact on child welfare. Attendees from Tennessee included Amy Coble and Michael Cull; Rep. John DeBerry Jr., D-Memphis; Sen. Ferrell Haile, R- Gallatin; and AOC Director Deborah Taylor Tate. The AOC has more.

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CASA Hosts Summer Wines Party

CASA of East Tennessee will host its Summer Wines Party Aug. 6 from 5:30 to 8:30 p.m. at the Brabham Home, 621 Scenic Dr., Knoxville, 37919. The evening will feature summer foods, chilled drinks, raffle prizes and live music. Tickets are $75 per person and $125 per couple and may be purchased on the group’s website. For sponsorship information, contact Britney Sink, 865-329-3399.

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