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TSC Rules on Validity of Amendment to Indictment Based on Actions of Counsel

Posted by: Katharine Heriges on Aug 6, 2019
The Tennessee Supreme Court has reversed a Court of Criminal Appeals’ decision construing the actions of defense counsel in a criminal case to have caused an amendment to the indictment, thus resulting in a criminal conviction for an offense that was not an enumerated lesser-included offense of the indicted charge. The Tennessee Rule of Criminal Procedure 7(b) sets forth the manner in which an indictment can be amended after jeopardy has attached. For an indictment to be amended, “an oral or written motion to amend (the indictment) should be made, and the defendant’s oral or written consent to the motion must be clear from the record.” On the other hand, an “effective amendment” to an indictment occurs when a defendant actively seeks consideration of an otherwise invalid lesser offense. In a jury trial, mere acquiescence in a trial court’s instructing the jury on an inapplicable lesser-included offense is insufficient to cause an effective amendment to the indictment. In its unanimous opinion authored by Justice Roger Page, the court made clear that these same principles apply in a bench trial as well as in a jury trial. 

53 Attorneys Suspended for Administrative Violations

Posted by: Katharine Heriges on Aug 6, 2019

Twenty-four Tennessee attorneys, 28 out of state attorneys and one international attorney have been suspended by the Tennessee Supreme Court for failing to pay their annual registration fee and/or have not filed a mandatory compliance statement that eligible client funds are held in accounts participating in the Interest on Lawyers’ Trust Accounts (IOLTA) program. Read a full list of suspended attorneys and access all administrative suspensions here.

Greene County Lawyer Suspended

Posted by: Katharine Heriges on Aug 6, 2019

Effective August 2, the Supreme Court of Tennessee suspended Greene County lawyer Edward Lee Kershaw from the practice of law for a period of four months, with 30 days served on active suspension and the remaining three months to be served on probation. The trial court determined Kershaw made comments toward the court and asked questions of a witness which were intended for no other purpose but to embarrass the witness and disrupt the judicial proceedings; published statements in a local newspaper about the court which Kershaw knew were untrue and were intended to call into question the judge’s qualifications and integrity; and published statements on social media which were made with reckless disregard and called into question the qualifications and integrity of all the judges in Greene County.

Bridge in Oklahoma City to be Named for First Black Vanderbilt Law Student

Posted by: Katharine Heriges on Jul 31, 2019

A bridge in northeast Oklahoma City will soon be dedicated to the memory of a late Oklahoma senator who was the first black student to attend Vanderbilt Law School, Oklahoma's News 4 reports. Yesterday, Oklahoma Gov. Kevin Stitt held a ceremonial bill signing for the measure naming the Senator E. Melvin Porter Memorial Bridge. When he was 30-years-old, Porter graduated from law school and became the president of the Oklahoma City NAACP just one year later. At 32, Porter became the first African-American to be seated in the Oklahoma State Senate.

Judge Dinkins to be Honored for Civil Rights in Public Education

Posted by: Katharine Heriges on Jul 31, 2019
Tennessee Court of Appeals Judge Richard Dinkins will be honored with the Nelson C. Andrews Distinguished Service Award at the Nashville Public Education Foundation (NPEF)’s 15th Annual Public Schools Hall of Fame event on Oct. 2, the Tennessee Tribune reports. The annual Hall of Fame luncheon, presented by First Tennessee, raises funds to support NPEF’s work and aims to inspire future innovators and leaders in the city by honoring those who are making a difference for public schools. Dinkins is being honored in recognition of his dedication and service to the Nashville community and his advocacy for civil rights in public education.

Bean Station Slaughterhouse Owner Gets Prison Time for Hiring Undocumented Workers

Posted by: Katharine Heriges on Jul 31, 2019
The man whose tax-dodging kicked off the largest immigration raid in recent Tennessee history will serve a year-and-a-half in federal prison, Knoxnews reports. James Brantley ducked about $2.5 million in payroll taxes by hiring undocumented immigrants to work in the Southeastern Provision slaughterhouse in Bean Station and paying them in cash for 20 years. That scheme ended April 5, 2018, when agents of the IRS and ICE swept down on the slaughterhouse in what ranked at the time as the nation's biggest workplace raid in a decade. Brantley pleaded guilty in September to federal charges of tax evasion, wire fraud and employing unauthorized immigrants.

Rutherford County Lawyer Suspended

Posted by: Katharine Heriges on Jul 31, 2019
The Supreme Court of Tennessee today temporarily suspended Rutherford County lawyer John Paul Doyle from the practice of law upon finding that Doyle failed to respond to the board 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.

Meal Prep to Have a Healthy Breakfast Everyday

Posted by: Katharine Heriges on Jul 31, 2019
Experts say breakfast is the most important meal of the day, citing the fact that we are actually breaking our overnight fast. We need to provide fuel to our bodies before we put them to work and breakfast helps with energy, as well as decreasing hunger and cravings later in the day, improving cognition, and reducing one’s risk for obesity. Because the morning rush can be so chaotic and busy, try doing some preparations the night before so having a healthful breakfast the next morning is easier. For example, you could cut up fruit and nuts to add to yogurt or oats. Making a larger batch of steel-cut oats enables you to simply reheat individual portions as desired. If eggs would be appealing, you could whisk them with salt and pepper and refrigerate in a container so cooking them the next morning requires just one step. If you enjoy smoothies, you can place all ingredients except the liquid into a zip-top bag, then freeze and blend with the liquid in the morning.

Death Row Inmate Scheduled to Die Via Lethal Injection on Aug. 15

Posted by: Katharine Heriges on Jul 31, 2019
Death row inmate Stephen Michael West did not select a method for his Aug. 15 execution, so the state will put him to death using controversial lethal injection drugs if the execution moves forward as scheduled, the Tennessean reports. West was one of dozens of Tennessee death row inmates to challenge the state's three-drug lethal injection protocol. In the last year, two other inmates decided they would rather face the electric chair.

Lone Nashville Republican Picks Up Democratic Challenger

Posted by: Katharine Heriges on Jul 30, 2019
Educational consultant Kimi Abernathy has launched a campaign for the state Senate seat currently held by Steven Dickerson, the last Nashville Republican in the state legislature, the Nashville Post reports. Abernathy said she was running in order to expand Medicaid, support public schools and protect the environment. Dickerson, who has positioned himself as a moderate, already has a Republican primary challenger in Brentwood business consultant Diane Michael, and has faced legal trouble for his pain clinic business.
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