News

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, 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 Tennessee Commission on Continuing Legal Education or access an Affidavit of Sole Authorship or an Affidavit of Joint Authorship from the Commission's website.

read more »

31 Complete Federal ‘Smart on Crime’ Program

The federal “Smart on Crime” initiative was announced in 2013 and implemented in East Tennessee by the U.S. Attorney’s Office in Chattanooga and the U.S. Probation and Pretrial Services Office in conjunction with local law enforcement, social service organizations and churches. The program focused on ways to make the district safer by providing federal ex-offenders with the resources necessary to successfully re-enter the community and reduce recidivism. U.S. Attorney Nancy Stallard Harr recently announced that 31 ex-offenders completed the program in 2016. “As a result, these ex-offenders are in a better positon to become productive members of our communities, making east Tennessee a safer and better place to live,” Harr told Chattanoogan.com. She also announced that a special emphasis will be placed on juvenile offenders in 2017.

read more »

Court Rejects Attempt to Force Action on Garland

U.S. Supreme Court Chief Justice John Roberts yesterday denied an attempt to get the court to force the Senate to consider the nomination of Judge Merrick Garland, WRCB-TV reports. Roberts rejected the emergency appeal without comment. The lawyer bringing the case, Steven Michel of New Mexico, had argued that Senate obstruction of the nomination violated his rights as a voter under the Constitution. For his part, Garland is preparing to return to the bench of the federal appeals court in Washington, D.C., where he serves as chief judge. He is set to start hearing arguments on Jan. 18 according to that court.

read more »

Opinion: Trump Picks ‘Combative’ White House Counsel

New York Times investigative reporter Eric Lichtblau writes in a recent piece that President-elect Donald Trump’s newly named White House counsel “has always been an iconoclast bent on shaking things up” in a “town filled with button-down lawyers.” According to Lichtblau, Donald F. McGahn II was openly scorned for signing on to Trump’s campaign, but is now set to become one of the most powerful figures in Trump’s inner circle. Lichtblau describes McGahn as a “fiercely competitive and even intimidating man” with a “bare-knuckle style.” But as one conservative activist tells Lichtblau, “Everyone in Washington knows that if you have a problem, Don McGahn is the person to call.”

read more »

Obama Grants 78 Pardons, 153 Commutations

President Barack Obama granted 78 pardons and 153 commutations today – a single-day record for the use of presidential clemency power, USA Today reports. With just 32 days left in office, today’s action more than doubled the number of pardons granted in the previous seven years. In addition, today’s commutations brought Obama’s total to 1,176. The previous one-day record for commutations was 214 in August. Overall, including both pardons and commutations, Obama has granted more acts of clemency than any president since Harry Truman.

read more »

Lawyer Asks Court to Force Action on Garland Nomination

A lawyer from New Mexico is mounting a longshot challenge to the U.S. Supreme Court, asking it to order the Senate to consider the high court nomination of Judge Merrick Garland, WRCB-TV reports. Lawyer Steven Michel argues that senators’ obstruction of President Barack Obama’s nomination violates his rights as a voter under the provision of the Constitution that provides for popular election of senators. Lower courts have dismissed the case, which was filed this past summer. The vacancy, created by the death of Justice Antonin Scalia in February, has remained unfilled for almost 10 months.

read more »

Suit Accuses Nashville VA Hospital of Negligence

The parents of a U.S. Army veteran who served three tours of duty in the Middle East are suing the veterans' hospital in Nashville, saying staff negligence led to the death of their 26-year-old son. The suit, filed in federal court, alleges Aaron M. Merritt did not receive appropriate care for the treatment of ulcerative colitis, the Tennessean reports. The suit comes at a time when the veteran’s healthcare system is experiencing trouble nationwide. In Tennessee, the veterans’ hospitals in Nashville and Murfreesboro recently were ranked among the worst in the country for quality of care according to the Veterans’ Affairs Department itself.

read more »

Judge Dismisses Mosque’s Discrimination Claims

U.S. District Judge Aleta Trauger yesterday dismissed a religious discrimination lawsuit brought by the Islamic Center of Nashville, saying the case should have been brought in state court. In her opinion, Trauger said state law is clear that tax matters should be handled in state chancery courts, and that a federal district court “does not have jurisdiction over state and local tax matters where a plain, speedy and efficient remedy is available in state court.” The congregation had claimed it was unfairly denied a state tax exemption because it followed its religious teachings, the Tennessean reports.

read more »

Report: 2 Testify in Possible Durham Bribery Case

Federal prosecutors have subpoenaed witnesses to testify before a grand jury considering criminal charges against former state lawmaker Jeremy Durham, the Tennessean reports. One witness told the Tennessean that questions focused on Durham’s use of campaign funds. A copy of one subpoena obtained by the paper indicates the grand jury is investigating “federal criminal laws involving, but not necessarily limited to, bribery, mail fraud and wire fraud.”

read more »

Court Seals Haslam Deposition in Rebate Scam Case

Pilot Flying J President Jimmy Haslam spent Tuesday in an all-day deposition in a civil lawsuit brought by three trucking firms that refused to join a class action settlement resolving a Pilot diesel fuel rebate scam. Haslam continued to deny any role or knowledge of the fraud to which several subordinates have confessed or are facing indictment. Attorneys for the trucking firms say Haslam insisted his testimony be sealed, but they would ask a court in Ohio to make it public, Knoxnews reports.

read more »

Breyer Renews Call for Death Penalty Review

Returning to a subject he addressed last year, U.S. Supreme Court Justice Stephen G. Breyer on Monday said death sentences are arbitrary and their constitutionality should be examined. In a dissent filed in one of three death penalty cases the court chose not to hear, Breyer said the cases involved “especially cruel and unusual circumstances.” He also argued that individuals who are executed are not the “worst of the worst” but rather are “chosen at random” perhaps based on geography, views of individual prosecutors or race. The ABA Journal looks at the three cases denied by the court.

read more »

Internet Tax Case Could Change Online Shopping

States can require Internet retailers to tell customers how much they owe in sales taxes thanks to a U.S. Supreme Court decision yesterday that could help officials recoup billions of dollars lost to online retailers. The court declined to hear a challenge to a Colorado law requiring online sellers to notify customers and the state how much they owe in taxes. At least three other states – Louisiana, Oklahoma and Vermont – have passed similar laws. Though the court did not rule on the merits of the case, states are likely to see the move “as a green light to step up collection efforts,” WRCB TV reports

read more »

Sessions Confirmation Hearing Set for January

The U.S. Senate confirmation hearing for attorney general nominee Sen. Jeff Sessions, R-AL, will run for two days starting Jan. 10, the Senate Judiciary Committee announced Friday. Committee Democrats had asked for four days to dig into the background of their colleague, Roll Call reports. Committee Chair Charles E. Grassley cited hearings for previous nominees that lasted one or two days with three to nine outside witnesses each day. Grassley also said that Sessions had completed the committee’s questionnaire and that the 33-page document is available on the committee’s website.

read more »

Cope to Pay $200,000 Fine for Insider Trader

Former Rutherford County attorney Jim Cope will pay a $200,000 fine and serve two years on probation, the first nine months at home, after pleading guilty to insider trading as a Pinnacle bank director. U.S. District Court Judge Aleta Trauger handed down the sentence Friday, nearly quadrupling a fine of $55,000 Cope initially agreed to pay in a plea agreement with the U.S. attorney's office. At an earlier hearing, Trauger had said Cope should pay a greater fine given his net worth of $12 million and monthly income of $37,000. The Murfreesboro Post reports that Cope still faces potential penalties from the Securities and Exchange Commission, which has filed a civil complaint, and the Tennessee Board of Professional Responsibility, which is investigating his case.

read more »

Congress Renews Civil Rights-Era Cold Case Review

As one of its last acts on Saturday before adjourning the current legislative session, Congress approved and sent to President Barack Obama legislation that would continue reviews of racially motivated killings from the civil rights era that are now considered cold cases. The legislation, passed by voice vote, extends indefinitely a 2007 law that calls for a full accounting of race-based deaths, many of which have been closed for decades. It also extends the cut-off date to include any cases occurring before Dec. 31, 1979. The Associated Press reports that more than 100 cases from the 1960s and earlier have been reviewed so far, with one resulting conviction.

read more »

Judge Dismisses Suit Against Nashville DA Funk

U.S. District Judge Aleta Trauger dismissed developer David Chase’s lawsuit against Nashville District Attorney Glenn Funk on Friday, saying the prosecutor was immune from suit because he was acting in his official capacity. “The decision to prosecute is a core prosecutorial function with respect to which the defendants are entitled to absolute immunity,” the order states. Trauger also noted that the Sixth Circuit Court of Appeals has upheld such immunity even in release-dismissal agreements, which Funk used and became an issue in Chase’s case, the Tennessean reports. In a separate ruling, Trauger denied Funk’s request for sanctions against Chase and his lawyer saying the case was not frivolous enough to warrant sanctions.

read more »

Services This Weekend for Former U.S. Attorney

Ernest Wilson “Ernie” Williams died Nov. 30 at the age of 69. After serving in the U.S. Marine Corps, with a tour of duty in Vietnam, Williams earned his law degree from the Nashville School of Law. He practiced law in Franklin until being appointed U.S. Attorney for the Middle District of Tennessee by President George H.W. Bush. He held that post from 1991 to 1993. He later served as a Williamson County commissioner and general sessions judge. Visitation will take place from 4 to 8 p.m. Saturday at Williamson Memorial Funeral Home and from 1 to 2 p.m. on Sunday at Bethlehem United Methodist Church. Funeral services will be held Sunday at 2 p.m. at the church. Burial will follow in Williamson Memorial Gardens.

read more »

Future Unclear for Dodd-Frank’s Many Banking Changes

Throughout the course of the 2016 presidential campaign, President-elect Donald Trump promised to rescind the Dodd-Frank Wall Street Reform and Consumer Protection Act. The 2010 law placed new regulations on banks and restricted the ways they can trade or speculate. It also created the Consumer Finance Protection Bureau, amended legal protections for corporate whistleblowers and established new guidelines for corporate governance. Trump has argued the law has allowed big banks to get bigger, while putting community banks out of business. Some legal observers question whether the act can be repealed in its entirety given its scope. Several share their observations and predictions about the act’s future with the ABA Journal.

read more »

New Rule Expands Judges’ Authority for Digital Device Warrants

Congress had a full seven months to block a rule change for federal courts that lets judges authorize the hacking of digital devices beyond their districts. But after an attempt in the Senate to vote on the measure failed, opponents waited until the day before the rule change was to take effect to introduce three motions aimed at delaying its implementation. They were not successful, so as of today, the change to Rule 41 of the Federal Rules of Criminal Procedure, goes into effect. Opponents of the change question its impact on privacy rights while supporters say digital devices make jurisdiction-specific search warrants impractical. Nashville Public Radio looks at the issue.

read more »

TBA Activates Disaster Legal Assistance for Wildfires

In response to the wildfire disasters in Gatlinburg and Sevier County, the TBA is partnering with the Tennessee Alliance for Legal Services (TALS), Legal Aid of East Tennessee (LAET) and the Supreme Court's Access to Justice Commission to help those affected with their legal needs. Attorneys who want to help can access training resources and other materials on the TBA's Disaster Legal Assistance page. Legal clinics and outreach related to losses from the fires are anticipated and volunteers will be needed. For more information or to volunteer in the area, contact Kathryn Ellis at Legal Aid of East Tennessee. Those who are not in the area but still want to help can volunteer to answer online questions at TN Free Legal Answers or respond to calls on the HELP4TN helpline. The TBA's Young Lawyers Division Disaster Relief Committee has also been activated and will be assisting with volunteer recruitment and coordination efforts. To volunteer, complete the Disaster Legal Assistance Volunteer Form. If you know someone in need of legal assistance, please have them call the legal helpline at 844-HELP4TN, or visit help4tn.org.

read more »

Memphians Share Policing Concerns with DOJ

Officials with the U.S. Department of Justice (DOJ) were in Memphis yesterday to meet with residents and discuss their concerns about the Memphis Police Department. Comments at the forum were plentiful and included complaints such as not being able to reach 911 operators, police not identifying themselves before taking action, and a general sense of disconnect between officers and the community. The meeting, one of two that will be held, is the first step in a three-part review by DOJ. The second step will be a published report of recommendations for improvement. The third and final step will entail the DOJ helping the police department make needed changes. News Channel 5 has more from the meeting.

read more »

Tennessee Attorneys Admitted to Practice Before Supreme Court at TBA Academy

A group of attorneys from across Tennessee were sworn in to practice before the U.S. Supreme Court today as part of the 33rd Annual TBA Academy. Along with the admissions ceremony, the attorneys took part in other networking and educational activities at the Supreme Court and on Capitol Hill. One highlight of this year's event was when TBA President Jason Long made the motion for admission of his wife, Carol Anne Long.

read more »

Justices Appear Sympathetic to Intellectual Disability Issues

A majority of U.S. Supreme Court justices on Tuesday appeared ready to side with a man sentenced to death for a 1980 Houston murder who is challenging how Texas gauges whether a defendant has intellectual disabilities that would preclude execution, Reuters reports. The court ruled in 2002 that execution of the intellectually disabled violates the U.S. Constitution’s ban on cruel and unusual punishment. At issue in this case is whether Texas is using an obsolete standard to assess whether the defendant is intellectually disabled.

read more »

Justices Rule against Politician in Bribery Case

The U.S. Supreme Court today issued its first ruling of the October term, deciding unanimously against a Puerto Rican politician who had sought to avoid a second trial on corruption charges after his original conviction was tossed out. The decision was a setback to Hector Martinez Maldonado, who served in Puerto Rico’s Senate from 2005 until his 2011 conviction, as well as businessman Juan Bravo Fernandez, the former president of a private security company. Prosecutors have argued that Fernandez sought to bribe Maldonado to win passage of legislation that would benefit his business. Reuters has more on the case.

read more »

Judge Garland Heading Back to Old Job

Judge Merrick Garland will soon put on his black judicial robe for the first time in months as he goes back to his old job as chief judge of the U.S. Court of Appeals for the District of Columbia Circuit. Garland now joins a small group of people nominated but not confirmed to the U.S. Supreme Court, the Associated Press reports. Garland stopped hearing cases after being nominated by President Obama in March to replace Justice Antonin Scalia, who died in February. The Paris Post-Intelligencer has the story.

read more »