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LaFollette Vice Mayor, Others Charged with Food Stamp Fraud

Posted by: Katharine Heriges on Jun 7, 2018
The vice mayor of a Campbell County town was one of three charged yesterday with an alleged food stamp fraud conspiracy, Knoxnews reports. Vice Mayor Joseph David Bolinger, Jennifer Lynn Brown and Jimmie Ivey were charged in an 80-count indictment, and turned themselves in yesterday. Ivey was the owner of a store that was the center of the alleged scam, while Brown was an employee.

Judges Have New Tools to Protect Domestic Violence Victims

Posted by: Katharine Heriges on Jun 7, 2018
Two laws recently passed by the Tennessee General Assembly have given the state’s judges new tools to help protect victims of domestic violence. One law targets cell phones, allowing judges to order wireless telephone service providers to grant domestic violence victims control over their own cell phone numbers if those cell phone numbers are on an account held by an alleged abuser. The other law will change the way courts respond to the arrests of alleged perpetrators of domestic violence. If a court finds probable cause that an alleged perpetrator “caused serious bodily injury” or “used or displayed a weapon,” then a judge will issue a “no contact order” to keep the perpetrator away from the victim. That no contact order will be added as a mandatory condition of the perpetrator’s bond and will be in addition to a requested civil order of protection.

DA Won’t Seek Death Penalty for Nashville Church Shooting Suspect

Posted by: Katharine Heriges on Jun 7, 2018
Nashville District Attorney Glenn Funk’s office will not seek the death penalty against Emanuel K. Samson, the man accused of a church shooting last year, The Tennessean reports. Samson faces one first degree murder charge, 24 counts of aggravated assault and civil rights intimidation. The DA’s office will pursue the “enhanced penalty” of a life sentence without parole.  

Elder Law Forum 2018

Posted by: Katharine Heriges on Jun 7, 2018
The 2018 Elder Law Forum offers essential and practical material for practicing Elder Law attorneys and those interested in Elder Law. To be held on July 13 at the AT&T Building in Nashville, the program will start with a presentation on succession planning and office management. Respected subject matter experts will share new and timely information related to Medicaid appeals, VA applications, conservatorships and decision-making issues. A new session this year will help you and your clients make sense of medicare. A final session will cover ethics and elder law. The annual forum is a great time to connect with practitioners from across the state and catch up on the latest developments for your practice area. 

Davidson County Lawyer Suspended

Posted by: Katharine Heriges on Jun 7, 2018
Davidson County lawyer Hal Wilkes Wilkins was suspended on Wednesday for one year. The Board of Professional Responsibility filed a petition for discipline arising from one complaint of ethical misconduct alleging that Wilkins, who was disbarred on July 22, 2014, and again on January 28, 2015, sought and opened a lawyer’s trust account during the period of disbarment. Wilkins held himself out as a lawyer admitted to practice in this jurisdiction. The court ordered Wilkins to close the bank account within 30 days, or be subject to contempt proceedings.

Tennessee AOC, Indiana Chief Justice Discuss Opioid Epidemic

Posted by: Katharine Heriges on Jun 6, 2018
Tennessee Administrative Office of the Courts Director Deborah Tate and Indiana Chief Justice Loretta Rush recently answered media questions for the National Judicial Opioid Task Force, a nationwide coalition they are leading to fight the opioid epidemic. “The opioid crisis is having an unprecedented impact on the judiciary and judges are very often in a key position to make crucial decisions that can impact families for generations,” Tate said. “Judges are the ‘second responders’ in the crisis and can play a key role in determining whether individuals and communities recover.”

Judge Orders EPA to Disclose Science Behind Climate Claims

Posted by: Katharine Heriges on Jun 6, 2018
A federal judge has ordered that the Environmental Protection Agency must disclose agency information used to backup claims made by administrator Scott Pruitt during a television appearance, Ars Technica reports. Pruitt told a CNBC anchor in 2017 that carbon dioxide is not “a primary contributor” to climate change, prompting a group called Public Employees for Environmental Responsibility to file a Freedom of Information Act request for EPA documents that show how he came to that conclusion. After the EPA refused, the group sued them. U.S. District Court Judge Beryl A. Howell ruled that the EPA must comply with the request by July 2, and if such documents cannot be provided, an explanation for their absence must be provided by July 11.

Nashville Strip Club Sues City Over ‘Conspiracy’

Posted by: Katharine Heriges on Jun 6, 2018
A Nashville strip club is suing the city government in federal court over a denied valet parking permit, claiming the denial was part of a “civil conspiracy” to hurt the business, Patch Nashville reports. The lawsuit claims that a Metro councilman and neighboring businesses conspired to deny the permit and thereby violate their First Amendment free speech rights and equal protection and due process granted by the Fourteenth Amendment. Councilman Freddie O’Connell said that a valet service would cause public safety concerns and traffic issues due to the location of the club, but club owners cited Metro Public Works employees who testified that the valet request met all the technical requirements under Metro Code.

ACLU Sues Mt. Juliet Over Police Seizure of Veteran's Car

Posted by: Katharine Heriges on Jun 6, 2018
The ACLU of Tennessee yesterday filed a federal lawsuit against the city of Mt. Juliet, claiming that police there violated the U.S. Constitution when they seized a man's car during a criminal investigation of his son, The Tennessean reports. Officers took Lewis Cain's BMW after coming to his home with a warrant for his son. The ACLU-TN said the seizure was made without a search warrant or notice of a hearing, violating Cain’s Fourth Amendment rights. Police have defended seizing the car, saying they had spotted Cain's son selling drugs out of the BMW.

California Judge in Brock Turner Case Recalled

Posted by: Katharine Heriges on Jun 6, 2018
The California judge who sentenced a college athlete to six months in jail for sexually assaulting an unconscious woman was recalled yesterday, The Hill reports. Santa Clara County Superior Court Judge Aaron Persky is the first California judge to be recalled in more than 85 years. He sentenced Brock Turner, a Stanford University swimmer, to six months in jail out of a possible 14 years, because “a prison sentence would have a severe impact” on the young athlete.
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