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Posted by: Stacey Shrader Joslin on Jun 13, 2024

Former state Sen. Brian Kelsey wants to withdraw his guilty plea in a federal fraud case, and made the case for being allowed to do so before a panel of judges on the U.S. 6th Circuit Court of Appeals. Kelsey previously received a 21-month prison sentence after pleading guilty to campaign finance violations. During the hearing, the judges noted that Kelsey could face more prison time if found guilty again. They also heard arguments from Kelsey’s lawyers that the prosecutor’s response to a question from the trial judge “blew up” the plea agreement. Prosecutors argued they provided a “proportionate” response to a question about whether a sentencing enhancement was appropriate in the case. A federal district court judge previously ruled that Kelsey could not change his plea. Tennessee Journal reports on the hearing.

Posted by: Stacey Shrader Joslin on Jun 13, 2024

Members of the Tennessee legal community met for the second day of the TBA Annual Convention in Memphis today. The morning began with a Public Service Awards Breakfast featuring the presentation of the Ashley T. Wiltshire Public Service Attorney of the Year to Memphis-based Assistant Federal Public Defender Tyrone Paylor, the Harris Gilbert Pro Bono Volunteer of the Year Award to Memphis attorney John Golwen, and the Law Student Volunteer of the Year Award to University of Tennessee College of Law student Kim Riddett. Lawyers then heard from two panels exploring the impact of artificial intelligence (AI) on the practice of law.

At the annual Bench Bar Luncheon, J. Daniel Breen, a senior judge on the U.S. District Court for the Western District of Tennessee, received the Judge Pamela L. Reeves Tennessee Professionalism Award, while Tennessee Supreme Court Chief Justice Holly Kirby received the Justice Frank F. Drowota III Award. Kirby was recognized for her efforts spearheading an increase in the hourly rate of reimbursement for appointed cases, which the state legislature approved this spring. In her acceptance remarks, Kirby thanked the many judges and lawyers who contacted leaders about these “shockingly low rates,” and pledged to continue working on this “righteous cause” in the future. Following the awards, Memphis lawyer Charles Newman gave the keynote address in which he recounted his experience representing Dr. Martin Luther King Jr. during the Memphis sanitation workers’ strike, and thanked his law firm Burch Porter & Johnson for allowing him to work on cases throughout his career that did not add to the bottom line. He challenged those in the room not to allow the pressure of making the practice of law more profitable to squeeze out important values. See pictures from the programs.

Posted by: Stacey Shrader Joslin on Jun 12, 2024

The Trial Court Vacancy Commission has notified Gov. Bill Lee that only two candidates have applied for a chancellor vacancy in the 19th Judicial District, which includes Montgomery and Robertson counties. Under state law, if the commission is unable to provide the governor with the names of three persons qualified to fill the vacancy, then the governor may fill the vacancy with any person who is qualified to serve. The commission reports that it did send the two applications it received to the governor. Read the letter and more about the applicants, Christina M. Bartee and Tracy P. Knight, on the Administrative Office of the Court's website.

Posted by: Stacey Shrader Joslin on Jun 12, 2024

Tennessee election officials are asking the U.S. 6th Circuit Court of Appeals to postpone changes to how people with felony convictions can register to vote until after this year’s elections, Tennessee Lookout reports. Officials argue there is not enough time to make the changes a federal court judge has ordered them to make. That order came in case challenging the state’s requirements for people with felony convictions who want to regain the right to vote after they have been released from prison. U.S. District Judge William Campbell ruled in May that the state violated federal voting law when requiring a group of formerly incarcerated felons convicted before 1981 to prove they were entitled to register to vote, even though the group never lost the right to vote. He also ordered the state to develop new policies and procedures for processing felony voter registrations and train election workers how to follow it.

Posted by: Stacey Shrader Joslin on Jun 12, 2024

The Nashville NAACP has written an open letter to Mayor Freddie O’Connell, demanding a meeting to discuss the city's current situation involving the Nashville Community Review Board, a civilian police watchdog agency. The NAACP and National Action Network (NAN) said it released the letter after learning of a complaint filed by retired Lt. Garet Davidson, in which he alleged that high-ranking Metro Nashville Police Department (MNPD) officers helped lobby legislators behind closed doors to get a state bill passed to reduce the power of civilian oversight boards. He also alleged that officer discipline measures were not carried out, preferential treatment was shown towards higher ranking officers, and a zero-tolerance sexual harassment policy was not followed. WZTV has the news.

Posted by: Stacey Shrader Joslin on Jun 12, 2024

In a letter to Tennessee’s attorney general, state Sen. Brent Taylor, R-Memphis, is questioning the legality of an agreement between the U.S. Department of Justice (DOJ) and the Shelby County District Attorney’s office to stop prosecuting aggravated prostitution. Action News 5 reports that Taylor claims the agreement is an attempt to “attack a state law that they know they can’t win in trial.” He also is calling for the state to appoint a special prosecutor to investigate the agreement, WREG reports. District Attorney Steve Mulroy said the DOJ has spent a year investigating the office and concluded that it has been violating federal anti-discrimination laws in the prosecution of prostitution cases. According to Mulroy, the office will continue to address the problem of prostitution using different laws.

Posted by: Stacey Shrader Joslin on Jun 12, 2024

Nashville Chancellor I'Ashea Myles has ordered a conservative media organization to appear in court on June 17 over its publishing of information taken from allegedly leaked documents related to the 2023 shooting at The Covenant School. The outlet, Star News Digital Media — which also is suing for the records to be released to the public — is being asked to explain why its recent reporting does not violate court orders placing certain documents and information under seal. The Tennessee Star, a Star News publication, recently published information about the case, but said it did not violate any order as it did not publish any of the actual leaked images or documents, only some of the information contained within them. Tennessee Ledger has the story.

Posted by: Stacey Shrader Joslin on Jun 12, 2024

Shelby County Chancellor Jim Kyle has temporarily stepped away from the bench due to an illness, the Daily Memphian reports. Kyle has been diagnosed with chronic inflammatory demyelinating polyneuropathy (CIDP), a nonfatal autoimmune disorder that involves nerve swelling and irritation that can lead to a loss of strength or sensation. Kyle said he’s managing the disorder and trying to continue doing things that he enjoys, according to the paper.

Posted by: Stacey Shrader Joslin on Jun 12, 2024

The 2024 TBA Annual Convention kicked off today in Memphis at the Peabody Hotel with meetings of the TBA House of Delegates and incoming section chairs, and a welcome reception for all attendees. If you have already registered for the event, you may pick your badge in Grand Ballroom Salon C on the Mezzanine level. Walk-up registrations are welcome. See the full schedule of convention events and CLE programming. See pictures from the Welcome Reception.

Posted by: Stacey Shrader Joslin on Jun 12, 2024

Working away from the office doesn’t mean clients have to reach you at a different phone number. Voice over IP (VoIP) services use the internet to carry phone calls. Be anywhere and look like you’re calling from the office. You don’t even have to change phone numbers. This chart lists core features by vendor. Find this and more in the Opening a Firm section of TBA’s Law Firm in a Box.


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