Appellate Practice Section

This is TBA’s newest section and was created by TBA leadership to provide members the opportunity to come together for the purposes of exchanging information and to provide CLE on appellate practice issues.

Chair
Baker Donelson Bearman Caldwell...
100 Med Tech Parkway, Suite 200
Johnson City, TN 37604
(423)975-7655
Immediate Past Chair
Hollins Raybin & Weissman PC
424 Church St Ste 2200
Nashville, TN 37219
(615)256-6666
Vice-Chair
Hagan & Farrar, PLLC
106 North Church Street
Murfreesboro, TN 37130
(615)800-4747

Court Grants New Trial for Miranda Violations

In a unanimous opinion, the Tennessee Supreme Court Friday ordered a new trial for a Gibson County man after determining that statements he made during a police interrogation should not have been used as evidence at trial. The case involves the 2007 arrest of David H. Climer Jr., during which he asked whether he could “have … an appointed lawyer right now.” The detective questioning him said “not at this time” and proceeded to question him for three hours. The trial and appeals courts found that the statements were properly admitted because Climer never unequivocally invoked his right to counsel. The Supreme Court disagreed, saying the prosecution failed to prove that the defendant understood and waived his constitutional right to appointed counsel. Download the opinion.

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TBA Files Amicus in Tennessee Plan Lawsuit

The TBA today filed a motion and provisional brief to proceed as amicus curie in the case of Hooker v. Haslam -- the latest case to test the constitutionality of the Tennessee Plan for merit selection, performance evaluation and retention elections. The brief was prepared by Pat Moskal and Edmund Sauer of Bradley Arant Boult Cummings LLP serving as special counsel.

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