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Appeals Court Sides with Trump on Transgender Military Ban

Posted by: Katharine Heriges on Jan 4, 2019
A federal appeals court today struck down a lower court’s ruling blocking President Trump’s ban on transgender people from serving in the military, The Hill reports. The ruling from the U.S. Court of Appeals for the District of Columbia Circuit only applies to one of the several lawsuits filed in the matter, so the policy still has several other legal hurdles to overcome before it can take effect. The court agreed with the Trump administration’s assertion that the plan, designed by former Defense Secretary James Mattis, is not a blanket ban and would allow at least certain transgender individuals to serve. 

Services Jan. 12 for Former Chattanooga Judge Samuel Payne

Posted by: Katharine Heriges on Jan 3, 2019
Former Circuit Court Judge Samuel Houston Payne died on Dec. 31 at the age of 85. A native of Chattanooga, Payne was a veteran of the U.S. Air Force in the Korean War, flying more than 35 combat missions before he returned home to earn his law degree from the University of Tennessee College of Law. In 1966, he joined with Judge Clarence Shattuck to form the firm of Shattuck & Payne, where he practiced until his election in 1974 as Circuit Court Judge of Division II of the 11th Judicial District of Tennessee. He served in this position for 32 years until his retirement in 2006. Visitations are scheduled for Jan. 11 at 4 p.m. and Jan. 12 at 1 p.m. with the service following at 3 p.m. at St. Peter’s Episcopal Church, 848 Ashland Terrace, 37415. In lieu of flowers, memorial contributions may be made to CADAS, YMCA of Metropolitan Chattanooga, Episcopal Relief & Development, or Metropolitan Ministries (MetMin).

Tennessee Man Incarcerated in 1996 Among First Released Under First Step Act

Posted by: Katharine Heriges on Jan 3, 2019

One of the first prisoners to be released under a new federal criminal justice reform law is Matthew Charles, a year after he made national headlines when he was re-sentenced and ordered back to prison two years after his release. WPLN reports that today his sentence was unexpectedly reduced to time served, several weeks after the passage of the First Step Act. He could be released within 24 hours. A petition for presidential clemency for Charles has been pending with the White House since last summer. Charles was first incarcerated for selling crack in 1996, and was re-sentenced because he was considered a "career offender."

Supreme Court to Take Up Case of Liquor-store Owner Residency Requirements

Posted by: Katharine Heriges on Jan 3, 2019
The U.S. Supreme Court is soon due to hear the case of Doug and Mary Ketchum, who according to Tennessee law, cannot get a license to operate a liquor store because they have not lived in the state for more than a year, The Commercial Appeal reports. The state Alcoholic Beverage Commission recommended that the couple be allowed a license, but the Tennessee Wine & Spirits Retailers Association threatened to sue if they did. Instead, the commission filed its own suit, asking that the law be declared unconstitutional. The case is due to be heard on Jan. 16.

Next Step Program Aims to Help Injured Workers Return to Employment

Posted by: Katharine Heriges on Jan 3, 2019

The Tennessee Bureau of Workers’ Compensation recently launched the Next Step Program, which assists injured workers who are unable to return to their pre-injury employment. Many receive their workers’ compensation benefits and are unsure how they will support their families in the future. The program is designed to provide these injured workers a means to return to employment. The Next Step Scholarship is available to workers injured on the job on or after July 1, 2018. Up to $5,000 per year in financial assistance is available to obtain new job skills through a Tennessee college. Read more about the program here.

Prosecutors Confirm They Will Not Seek Death Penalty in Eric Boyd Case

Posted by: Katharine Heriges on Jan 3, 2019
Knox County Criminal Court Judge Bob McGee confirmed with prosecutors that they will not seek the death penalty or life without parole against Eric Dewayne Boyd, the fifth and final suspect in the brutal 2007 murders of Channon Christian and Christopher Newsom, Knoxnews reports. Boyd is currently serving an 18-year federal prison term for harboring the murder’s ringleader, but was just charged with his role in the actual killing last year. He is set for trial on Aug. 5.

Williamson County Lawyer Censured

Posted by: Katharine Heriges on Jan 3, 2019
Williamson County lawyer Timothy Alan Tull received a public censure on Wednesday from the Board of Professional Responsibility, conditioned upon payment of restitution of $2,000 and engagement of a practice monitor. Tull, prior to the client’s execution of a written waiver, failed to advise the client of potential conflicts of interest or the desirability of seeking independent legal advice, and further failed to provide the client with the opportunity to seek independent legal advice. Tull also failed to reasonably communicate with another client regarding the resolution of a discovery motion and the imposition of sanctions against the client.

Waffle House Shooter's Father Says No One Told Him to Keep Guns from Son

Posted by: Katharine Heriges on Jan 3, 2019
In a recent filing in the federal lawsuit against him, the father of Waffle House shooting suspect Travis Reinking said authorities never told him to keep guns away from his son before the mass shooting, directly contradicting statements from law enforcement. The Tennessean reports that law enforcement pushed back on Jeffrey Reinking's claims, standing by earlier accounts that they asked him to keep the guns from his son. Family of shooting victim Akilah DaSilva sued Jeffrey Reinking in 2018, saying he was partially responsible because he violated law enforcement's instructions and allowed his son to have the weapons. 

Metro Nashville Expected to Pay $160K to Settle Suit of Man Assaulted by Prison Guards

Posted by: Katharine Heriges on Jan 3, 2019
The Nashville Metro Council will vote tonight on whether to settle a lawsuit with a man who was beaten by Davidson County Sheriff’s officers while being booked for public intoxication, The Nashville Scene reports. Timothy Warren filed a lawsuit after the 2014 incident, and the city is poised to settle the matter for $160,000. Metro paid out another six-figure settlement for a 2011 police misconduct claim back in September. 

Illinois Lawyer Suspended

Posted by: Katharine Heriges on Jan 2, 2019
The Supreme Court of Tennessee today suspended Stephen Kenneth Perry of Evergreen Park, Illinois, upon finding that Perry failed to respond to the Board of Professional Responsibility regarding a complaint of misconduct. Section 12.3 of Supreme Court Rule 9 provides for the immediate summary suspension of an attorney’s license to practice law in cases of an attorney’s failure to respond to the board regarding a complaint of misconduct.  
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