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UAPA Appeals Bill Passes Through Legislature

Posted by: Katharine Heriges on Apr 25, 2018
The House and Senate have passed legislation providing that the venue for appeals of contested case hearings under the Uniform Administrative Procedures Act will be in the Chancery Court nearest the place of residence of the person contesting the agency action or alternatively, at the person’s discretion, in the Chancery Court nearest to the place where the cause of action arose, or in the Chancery Court of Davidson County. The venue for appeals involving TennCare will continue to be in Davidson County. Sponsored by Senator Mike Bell and Rep. Martin Daniel, the bills (SB2603/HB2386) have been sent to the Speakers for signature. 

After 40 Years, Ex-Cop Arrested, Identified as ‘Golden State Killer’

Posted by: Katharine Heriges on Apr 25, 2018
A former California police officer has been identified as the “Golden State Killer,” who is believed to have committed 12 killings and nearly 50 rapes from 1976 to 1986, Fox News reports. A DNA match led authorities to arrest 72-year-old Joseph James DeAngelo, who was fired from the police department in Auburn, California, in 1979 after he was accused of shoplifting. Officials said prosecutors will seek the death penalty against DeAngelo.

Bill Raising Unpaid Child Support Interest Rate Advances

Posted by: Katharine Heriges on Apr 25, 2018
The Tennessee House today concurred with Senate-passed legislation raising interest rates on unpaid child support in private cases. HB2134, sponsored by Rep. Mike Carter and in the Senate by Sen. Ken Yager, raises the interest rate to 6 percent for all private child support cases in arrears but gives the court discretion to assess a lower interest rate if deemed appropriate. For unpaid child support cases that the Department of Human Services handles, the bill allows the court to charge interest up to 6 percent, but does not alter the current 0 percent default rate. The bill was drafted by the TBA from a compromise with District Attorneys and the Tennessee Department of Human Services. The measure was amended to also make it unlawful for any county clerk or deputy clerk to issue a marriage license to a person under 17, unless the person has consent from a legal guardian or is emancipated. It also states that any marriage that is entered into without freely given consent from both parties shall be void and unenforceable in this state. The child support and teen marriage sections of the bill will go into effect on July 1. 

Doug Blaze Receives UTK’s Macebearer Award

Posted by: Katharine Heriges on Apr 24, 2018
At the 2018 University of Tennessee’s Chancellor’s Honors Banquet, Doug Blaze was given the Macebearer Award, the highest faculty honor the institution offers. Blaze, an Art Stolnitz Distinguished Professor since 2002 and an Elvin E. Overton Distinguished Professor since 2004, is responsible for helping students set up UT Pro Bono, the College of Law’s student-directed community service organization. He joined the university in 1993 as the director of the Legal Clinic, and now serves as director of the Institute for Professional Leadership. The Macebearer is “symbolic of the faculty’s commitment of service to students, to scholarship, and to society.”

Federal Court: Monkey Has No Standing to Assert Copyright Infringement Over Selfie

Posted by: Katharine Heriges on Apr 24, 2018
The 9th U.S. Circuit Court of Appeals ruled yesterday that a monkey has no standing under the U.S. Copyright Act to assert copyright in selfie photos, the Associated Press reports. The case was over a monkey, named Naruto, who took a selfie of himself with an unattended camera in 2011. David Slater, the photographer who’s camera was used to take the photos, argued that the images belonged to his company, while People for the Ethical treatment of Animals (PETA), sued on behalf of the monkey, seeking financial control of the images for the benefit of the animal. The court ruled that U.S. copyright law confers the right to sue on humans. 

Knoxville Man Pleads Guilty to Cyber Rape-Related Charges

Posted by: Katharine Heriges on Apr 24, 2018
A Knoxville man admitted today in court that he used threats of violence and humiliation over social media apps to force women into acts of sexual degradation, Knoxnews reports. Justin Scott Corum pleaded guilty in U.S. District Court to transmitting a threat via the Internet with the intent to extort. He faces 18 months in prison. Corum represents an emerging number of men being convicted of cyber rape. Last year Brandon Shanahan, of Sweetwater, used similar techniques as Corum and was sentenced to 30 months in prison. The two men ensnared a total of 26 young women and three teenage girls before they were caught.

Veterans Court Graduation Set for May 7

Posted by: Katharine Heriges on Apr 24, 2018
A graduation will be held for participants in the Davidson County Veterans Court on Monday, May 7, at 1:30 p.m. at the Justice A. A. Birch Courthouse’s courtroom 3-B in Nashville. Remarks will be given by Robert D. Tuke, U.S. Marine Corps. Veteran and Davidson County Veterans Court Foundation President. A reception will follow the ceremony. Those who wish to attend should RSVP to Cynthia Nelson at cynthianelson@jis.nashville.org.

Justice Clark Receives Vandy Law's Distinguished Service Award

Posted by: Katharine Heriges on Apr 24, 2018
Tennessee Supreme Court Justice Cornelia A. Clark was recently honored with the 2018 Distinguished Service Award from Vanderbilt University Law School at the school’s Founders Circle Dinner. The Distinguished Service Award “is given annually to the person or people who best represent the traditions of excellence and professionalism of the Vanderbilt Law School and who have made outstanding contributions to the school,” according to Vanderbilt University. "Vanderbilt University Law School took a chance on me," Clark said upon accepting the honor. "I am so proud to be a part of the Vanderbilt Law School community. Throughout my career I have attempted to uphold and embody the values I learned as a Vanderbilt law student. I will continue to do the same in the years to come.”

Judge Accuses Colleague of Lack of Impartiality

Posted by: Katharine Heriges on Apr 24, 2018
In a declaration filed in court last week, Davidson County Circuit Court Judge Kip Gayden criticized fellow Circuit Court Judge Thomas Brothers of lack of impartiality, the Nashville Post reports. Gayden said that Brothers should not preside over any cases involving a particular attorney, who Gayden claims Brothers had disparaged on three separate occasions. Brothers declined to comment; he will be deposed in the matter next month.

AOC's Tate, Judge Sloane Speak at National Association of Attorneys General Conference

Posted by: Katharine Heriges on Apr 24, 2018
Administrative Office of the Courts Director Deborah Taylor Tate recently moderated an opioid-related discussion at the National Association of Attorneys General’s Southern Regional Meeting. Also participating as one of four panelists in the discussion was Judge Duane Slone, who serves in the Fourth District. The discussion came in a segment of the conference titled "Opioid Addiction - Crisis and Trends." Attorney General Herbert Slatery delivered opening remarks, as well as acted as the hosting AG for the Southern Regional Meeting.
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