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Posted by: Kate Prince on Apr 12, 2022

The Tennessee Supreme Court on Friday issued an order taking jurisdiction of Akilah Moore v. William Lee, et al, which involves a challenge to the redistricting of state Senate seats. Future documents in the case will be available on the Public Case History page or by searching case number M2022-00434-SC-RDO-CV in the Public Case History. Read more from the Administrative Office of the Courts.

Posted by: Kate Prince on Apr 12, 2022

Davidson County Criminal Court Judge Mark J. Fishburn is looking forward to the next phase of his legal career after he retires from the bench in August. “…whether it be pro bono work, volunteer work, offering myself and my service to the Supreme Court as a substitute judge, or if there’s anything I can do to help them out,” Fishburn said. “I’m looking forward to a turn in the road for continued living and enjoying life.” Fishburn has been off the bench for several months while undergoing treatment for Non-Hodgkin’s Lymphoma, but will return to court later this month ahead of his August retirement. Read more about Fishburn’s career from the Administrative Office of the Courts.

Posted by: Kate Prince on Apr 12, 2022

Tennessee Court of Criminal Appeals Judge D. Kelly Thomas Jr. has announced he will retire from the bench on June 30. Thomas began his judicial career in 1990 after being elected to the Fifth Judicial District Circuit Court, Division II. He was re-elected in 1998 and 2006 before being appointed to the Court of Criminal Appeals by then-Gov. Phil Bredesen later that year. Prior to his judgeship, Thomas was an associate with Thomas & Cunningham and later a partner at Thomas & Thomas. He is a past president of the Blount County Bar Association and former president of the Tennessee Judicial Conference. The Administrative Office of the Courts has more on Thomas’ retirement plans.

Posted by: Kate Prince on Apr 12, 2022

Davidson County Criminal Court Judge Angelita Blackshear Dalton yesterday denied a petition to reopen the case of death row inmate Oscar Smith, who is set to be executed later this month for murdering his estranged wife and her two sons in 1989, the Associated Press reports. Smith’s attorneys said in the petition that newly available technology led to the discovery of unknown DNA left on an awl found at the crime scene. However, Dalton ruled yesterday that the evidence of Smith’s guilt was overwhelming and the DNA evidence does not tip the scales in his favor. Smith, who has maintained his innocence, is set to die by lethal injection on April 21.

Posted by: Kate Prince on Apr 12, 2022

West Tennessee Legal Services and the Faith and Justice Alliance are teaming up to host an expungement clinic on May 6. Attorneys are needed prior to that date to virtually meet with clients and prepare expungement documents to be filed in Madison County courts. Volunteer attorneys can assist remotely from anywhere in the state. Volunteer for the clinic here. WTLS will host a CLE on April 21 specifically focused on helping clients during the clinic. The program will run from noon until 1 p.m. CDT and will be presented by Savannah Quintero and Andy Cole. Register for the CLE here.

Posted by: Kate Prince on Apr 7, 2022

Chancellor Anne Martin yesterday heard arguments over the state comptroller’s financial takeover of Mason, Tennessee, a small town less than 10 miles from the Ford megasite, WPLN reports. Tennessee Comptroller Jason Mumpower wrote a letter to Mason’s 1,337 residents, most of whom are Black, asking them to relinquish their town charter rather than fix their budget problems. The town opted to fix its budget rather than dissolve, but is suing to challenge whether the state can control every dollar that’s spent. Martin said the request put the town in “a no-win choice situation.” Mason officials say they felt “attacked” and noted that majority-white towns in East Tennessee with far deeper financial problems were never asked to dissolve. Memphis attorney Van Turner called the move “offensive” and said “there is an aspect of discriminatory treatment when you look at this case.” 

Posted by: Kate Prince on Apr 7, 2022

The U.S. Supreme Court will not review a ruling that the mandatory State Bar of Texas violates the associational and free speech rights of attorneys when it engages in activities not “germane” to improving the legal profession, such as funding legislative efforts, Bloomberg Law reports. The U.S. Court of Appeals for the Fifth Circuit sided with three bar members who said they can’t be forced to support to subsidize those non-germane activities. The appeals court granted an injunction that blocked the bar from requiring membership and dues from the plaintiffs until the lower court determines how much of their dues supported non-germane activity. It rejected the plaintiffs’ argument that all “ideological” activities were necessarily non-germane, citing diversity initiatives that seek to create a fair legal profession. The plaintiffs appealed to the high court, asking it to expand the appeals court ruling to find that members of a mandatory bar can’t be compelled to finance any political or ideological activities and can’t be forced to join one that engages in such activities.

Posted by: Kate Prince on Apr 7, 2022

Legal services company Latitude has announced it will expand to Philadelphia, St. Louis and San Francisco, the Nashville Post reports. The Franklin-based company has more than doubled its number of locations over the last nine months. It has additional offices in Brentwood, Atlanta, Indianapolis, Miami, Boston and Minneapolis. Latitude bills itself as a legal services company that provides law firms with both temporary and permanent legal professionals.

Posted by: Kate Prince on Apr 7, 2022

Rep. Eddie Mannis, R-Knoxville, announced this week that he will not seek reelection in District 18, the Tennessee Journal reports. The Knoxville businessman in a statement said the recent death of his father had impacted his decision not to run again. “I have heard his final words, “Follow your heart,” over and over in my head,” Mannis said in the statement. “It has been a very difficult decision, but I must truly follow my heart.” Mannis is the 10th Republican to retire from the state House. The Tennessee Journal has compiled a full list of all General Assembly members who are not seeking re-election.

Posted by: Kate Prince on Apr 7, 2022

Michael Glen Hatmaker of Campbell County was today disbarred from the practice of law by the Tennessee Supreme Court. According to the first complaint from the Board of Professional Responsibility, Hatmaker was paid $7,500 to represent a client in a criminal matter, but failed to refund the unearned balance to his client after he was suspended from the practice of law. He also failed to comply with the terms and conditions of his suspension. In the second complaint, Hatmaker set aside a default judgment without the knowledge or authorization of his client and took no action thereafter to prosecute his client’s action or reasonably communicate with his client about the status of her case. He also failed to respond to the BPR about either complaint. He executed a conditional guilty plea and is not eligible for reinstatement.


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