TBA Law Blog


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Posted by: Kate Prince on Oct 6, 2020
News Type: Legal News

Two months shy of his execution date, Pervis Payne’s legal team is asking Gov. Bill Lee to grant the death row inmate clemency, the Commercial Appeal reports. In their application for executive clemency, Payne’s lawyers say Tennessee law prevents Payne from “adjudicating his intellectual disability.” The petition asks Lee to be “the solution to the problem,” by commuting Payne’s sentence to life imprisonment until the legislature creates a statute that would allow  him to bring his disability before the courts. The Tennessee Black Caucus for State Legislators has drafted such legislation, but cannot introduce it until after Payne's Dec. 3 execution date. Payne’s defense team is also awaiting results from DNA testing being conducted on certain evidence from the crime scene. That testing, which was approved by a Shelby County judge last month, is expected to be completed by mid-November.

Posted by: Kate Prince on Oct 6, 2020

Thirteenth Judicial District Circuit Court Judge Jonathan Lee Young has been issued a public reprimand from the Board of Judicial Conduct. According to the reprimand, Young acknowledged to an investigative panel that he had sent inappropriate messages to various women on social media from 2015 to 2020. The messages were sent to a legal professional employed by a firm that conducted business in Young’s court and a litigant who previously had a child custody matter before Young and ranged from “flirtatious to overtly sexual.” Most of the messages depicted Young in his judicial robe. In addition to the reprimand, Young is suspended for 30 days, which will be held in abeyance if there are no meritorious complaints regarding ethical misconduct for the remainder of his current term. He must also refrain from using a picture of himself in judicial robes as his profile picture on any social media account, complete a judicial ethics program at his own expense and refrain from engaging in similar misconduct.

Posted by: Kate Prince on Oct 6, 2020
News Type: Legal News

Eleven attorneys have applied for an opening on the Court of Criminal Appeals, Middle District. Applicants include: Jill Bartee Ayers, Charles R. Blanton, Keith M. Davis, Dustin Faeder, Kim R. Helper, I'Ashea L. Myles, Manuel B. Russ, Barry R. Tidwell, David Veile, Larry J. Wallace and Jonathan H. Wardle. The Governor's Council for Judicial Appointments will hold a public hearing to interview the candidates at the end of October. The hearing will be livestreamed on the Administrative Office of the Court’s YouTube page.

Posted by: Kate Prince on Oct 6, 2020
News Type: Legal News

Two lawyers were among those named to the Knox.biz “40 Under 40” Class of 2020, the Knoxville News Sentinel reports. Devin Lyon, associate attorney at Arnett, Draper & Hagood and Tyler Roy, general counsel with the Whitten & Roy Partnership appear on the list, which features the “best of the best” from East Tennessee’s business community. Both attorneys will appear in a January 2021 issue of Knox.biz magazine and on the New Sentinel’s website. They’ll also be honored during the 40 Under 40 gala, which has transitioned into an online event. This is the 14th class that Knox.biz, formerly the Greater Knoxville Business Journal, has honored. 

Posted by: Kate Prince on Oct 6, 2020
News Type: TBA CLE

Presented by the TBA Young Lawyers Division, Transactional Practice During the Pandemic is designed to respond to your needs with thoughtful programming to help navigate an easy transition from 2020 into 2021. Topics that will be covered in this program include: accounting for lawyers; bankruptcy basics; CARES Act updates and the transactional world; and wellness and work life balance. The CLE will take place virtually on Oct. 15 from 10 a.m. until 2:30 p.m. CDT and is worth one dual and three general CLE credits. Register before 8 a.m. CDT on Oct. 15 to receive Zoom access information.

Posted by: Kate Prince on Oct 1, 2020

Davidson County Juvenile Court Judge Sheila Calloway has tested positive for the COVID-19 virus, days after juvenile courts were closed except for emergency hearings, News Channel 5 reports. Calloway announced on Monday that the state Supreme Court granted the juvenile court permission to only hold emergency court hearings after three court employees tested positive for COVID-19. Deputy Court Administrator Tommy Bradley says Calloway won't return until she is medically cleared.

Posted by: Kate Prince on Oct 1, 2020
News Type: Legal News

The Hamilton County Criminal Court Clerk’s Office announced that starting today, minutes from daily court proceedings in three criminal divisions will be moved to an electronic format, the Chattanoogan reports. Traditionally, the minutes have been printed out and kept in large leather binders in a file room in the clerk’s office. Hamilton County Criminal Court Clerk Vince Dean said the move was "one more step toward a paper on demand criminal court system. The three criminal court judges have been very supportive in our efforts and are consistent in their desire to help us achieve that goal." In addition to cost savings, Dean noted that “having the minutes readily available will also greatly enhance the efficiency in fulfilling requests for records."

Posted by: Kate Prince on Oct 1, 2020
News Type: Legal News

Twelfth Judicial District Circuit Court Judge Justin Angel has been appointed to preside over a case involving 10th Judicial District Attorney General Steven Crump, the Chattanooga Times Free Press reports. Crump is accused of being blackmailed into securing a conviction in a 2018 second-degree murder case—allegations that he denies. Last month, Bradley County Criminal Court Judge Andrew Mark Freiberg recused himself from any future proceedings in the case, writing that his exposure to sources and allegations about the case prevents “the continued ability to be a fair and impartial jurist.” Angel was later appointed by Judge J. Michael Sharp, the 10th Judicial District's current presiding judge. The next hearing in the case is scheduled for Oct. 9.

Posted by: Kate Prince on Oct 1, 2020

Chambliss, Bahner & Stophel attorney Charles Gilbreath this week wrote a column for the Daily Memphian paying tribute to his late professor, mentor and friend, Leo Bearman of Memphis. In the article, Gilbreath, who earned his law degree from the University of Memphis Cecil C. Humphreys School of Law, fondly remembers time spent with Bearman, who was Gilbreath’s Products Liability professor during his second year of law school. Gilbreath also reflects on advice and book recommendations he received from the “legal legend” and even their routine lunch orders from McEwen’s. Gilbreath is an employment litigator with his Chattanooga-based firm, a TBA member and a member of the TBA’s Young Lawyers Division. He is a board member of the Ronald McDonald House Charities of Greater Chattanooga and a volunteer with the Hamilton County Youth Court. Read his full article here.

Posted by: Kate Prince on Oct 1, 2020
News Type: Legal News

The Clerk’s Office for the U.S. District Court for the Middle District of Tennessee today issued a warning to the public of a malicious scam by unidentified individuals using a technique referred to as phone “spoofing.” Calls have been made to targeted individuals from the phone number 615-736-5498, which is the general number for the clerk’s office in Nashville. However, the calls are not actually coming from the clerk’s office. The perpetrator making these calls informs their target that a family member has been arrested and can be released from custody upon receipt of a bond payment. The clerk’s office emphasized that, in no event should money be wired or paid to anyone on the basis of these calls. The matter has been referred to the proper authorities for further investigation.


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