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Posted by: Katharine Heriges on Aug 29, 2018
Don McGahn, the White House counsel who helped President Trump usher in a slate of conservative judges into the federal judiciary and assisted in the choosing of U.S. Supreme Court Justice Neil Gorsuch and nominee Brett Kavanaugh, will resign this fall. NPR reports that Trump announced McGahn’s departure on Twitter this morning, saying McGahn would depart after Kavanaugh’s confirmation. A likely candidate to replace McGahn is Emmet Flood, but White House spokesperson Sarah Sanders said that there has been no offer made yet.
Posted by: Katharine Heriges on Aug 29, 2018

The Trial Court Vacancy Commission today selected Cynthia Chappell, Dominic J. Leonardo and Jennifer L. Smith as finalists for the Circuit Court vacancy in the 20th Judicial District, serving Davidson County. This position was created by the retirement of the Hon. Seth Walker Norman, who will end his service Aug. 31. The commission has forwarded these names to Gov. Bill Haslam for his consideration.

Posted by: Katharine Heriges on Aug 29, 2018
Nashville Mayor David Briley has appointed Marcus Floyd, an assistant district attorney, to a new senior staff position focused on policing issues, The Nashville Post reports. Floyd, who will serve as advisor to the mayor for public safety and justice policy, will work on police-related policy, like community oversight of police and the deployment of body cameras for officers.
Posted by: Katharine Heriges on Aug 29, 2018
Those interested in preserving the Memphis home in which Aretha Franklin was born have until Oct. 16 to present their plans, Environmental Court Judge Patrick Dandridge ruled this week, The Commercial Appeal reports. Receiver Jeffrey Higgs, the current homeowner, the city and more are interested in using the site to commemorate the late singer, but are waiting to make a decision until after all ideas have been considered.
Posted by: Katharine Heriges on Aug 29, 2018
Homer L. Cody of Memphis was disbarred on Tuesday by the Tennessee Supreme Court. Further, Cody must pay the Board of Professional Responsibility’s costs and expenses and the court costs within 90 days. This is the fifth disciplinary proceeding brought against Cody arising from his representation of one client. The first case resulted in a public censure. The second resulted in a 180-day suspension. The third resulted in a one-year suspension. The fourth resulted in a two-year suspension. While the first two suspensions were in effect, Cody filed two pleadings on behalf of the client in the Chancery Court for Shelby County. After the third suspension took effect, Cody filed an additional pleading in the case. In addition to his unauthorized practice of law, by filing pleadings on behalf of the client, Cody continued his conflict of interest that formed the basis for the previous suspensions.
Posted by: Katharine Heriges on Aug 28, 2018
The 2018 Equal Justice University Conference begins Wednesday in Murfreesboro. The three-day event, hosted by the Tennessee Alliance for Legal Services (TALS) and co-sponsored by the TBA, is an annual gathering of 200 lawyers, advocates, social work professionals and pro bono attorneys involved in providing civil legal assistance across the state. Speakers this year include Tennessee Supreme Court Chief Justice Jeff Bivins, Rhodes College Professor Charles McKinney, TBA President Jason Pannu and TBA YLD President Christian Barker. Session topics include the opioid epidemic, immigration relief, legal support for veterans and legal technology innovations. 
Posted by: Katharine Heriges on Aug 28, 2018
A Knoxville drug dealer has been sentenced to 10 years in prison after pleading guilty in the March 2017 overdose death of a man who bought opioids from him, Knoxnews reports. Initially charged with second-degree murder, Aaron Michael Watson pleaded guilty to reckless homicide as part of a plea agreement. The Knox County District Attorney General’s office has been cracking down on offenders involved in the opioid epidemic. Knox County recorded 293 overdose deaths in 2017.
Posted by: Katharine Heriges on Aug 28, 2018
A federal judge has blocked the Trump administration from allowing a Texas company to post plans for making untraceable 3D guns online, CBS News reports. Nineteen states and the District of Columbia sued to stop an agreement the government had reached with Texas-based Defense Distributed, saying instructions on how to print plastic guns could be acquired by felons or terrorists. “It is the untraceable and undetectable nature of these small firearms that poses a unique danger,” U.S. District Judge Robert Lasnik said.
Posted by: Katharine Heriges on Aug 28, 2018
Sixteen states including Tennessee are asking the U.S. Supreme Court to reverse a federal appeals court ruling that said federal anti-discrimination laws protect transgender people from being fired due to their gender identity, The Tennessean reports. The 6th Circuit Court of Appeals in Cincinnati issued the ruling in the case of a Michigan funeral home that fired an employee for being transgender. Tennessee Attorney General Herbert H. Slatery III said the decision “essentially rewrote federal law,” and that “it is up to the states, not the federal judiciary, to determine which protections, or not, should flow to individuals based on gender identity.”
Posted by: Katharine Heriges on Aug 28, 2018
The Tennessee law license of South Carolina attorney David W. Spence was transferred to disability inactive status today, pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Spence cannot practice law while on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed, and he is fit to resume the practice of law.

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