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Overbey Resigns Senate Seat, Sworn In as U.S. Attorney

Posted by: Katharine Heriges on Nov 22, 2017
Former state Sen. Doug Overbey resigned his seat yesterday, and hours later was officially sworn in as the U.S. Attorney for the Eastern District of Tennessee, The Daily Times reports. Overbey was confirmed on Nov. 9 and prior to yesterday was waiting for President Donald Trump to sign off on his commission. The ceremony took place at the Howard H. Baker Jr. United States Courthouse in Knoxville. Overbey said he anticipates a more formal ceremony at a later date.

Shelby County Schools Sue TSSAA Over Basketball Players

Posted by: Katharine Heriges on Nov 22, 2017
Shelby County Schools yesterday announced a lawsuit against the Tennessee Secondary School Athletic Association on behalf of Memphis’s East High, The Commercial Appeal reports. The suit seeks to overturn a ruling that declared two basketball players ineligible for the 2017-2018 season. The petition seeks a temporary restraining order “to preserve the privileges and rights of East High School and its students.” The students were not allowed to play due to the state’s “prior link” coaching rule. The students transferred to East after playing in coach Penny Hardaway’s “Team Penny” program over the summer.

Celebrities Advocate for Freedom of Imprisoned Nashville Woman

Posted by: Katharine Heriges on Nov 22, 2017
A hashtag supporting a jailed Nashville woman has gone viral after pop singer Rihanna posted about the woman’s case, advocating for her freedom, The Tennessean reports. Cyntoia Brown was a teenage victim of sex trafficking who was sentenced to life in prison for killing a 43-year-old man who had picked her up. Celebrities and justice advocates across the country have been posting the hashtag #FreeCyntoiaBrown in support, with reality TV star Kim Kardashian West even saying she would be contacting her attorneys to try to help Brown. Brown was jailed in 2006, and has since been called a model prisoner, serving as a mentor to other prisoners and earning an associate degree from Lipscomb University.

7 CLE Hours in Criminal Law

Posted by: Katharine Heriges on Nov 22, 2017
Join the TBA at the Tennessee Bar Center in Nashville for this year's Criminal Law Forum. Topics this year will address sentencing issues, case law statutory updates, indigent representation task force recommendations, post-conviction relief, voir dire and ethical considerations. Earn seven hours of CLE credit at this Dec. 8 program.

Knox County Lawyer Reinstated

Posted by: Katharine Heriges on Nov 22, 2017
The Tennessee Supreme Court on Tuesday reinstated Joseph Brent Nolan to the practice of law. Nolan had been suspended by the Supreme Court of Tennessee for one year on Nov. 26, 2014, for six months on June 26, 2015, and for one year on June 17, 2016. Nolan filed a Petition for Reinstatement to the practice of law pursuant to Tennessee Supreme Court Rule 9, Section 30.4. A hearing panel found that Nolan complied with the terms and conditions of his suspensions, and further found that he had demonstrated the moral qualifications, competency and learning in the law required for the practice of law.

Haslam Appoints Tidwell to 16th District Bench

Posted by: Katharine Heriges on Nov 21, 2017
Gov. Bill Haslam today appointed Barry Ross Tidwell of Murfreesboro as Circuit Court Judge in the 16th Judicial District, which includes Rutherford and Cannon counties. Tidwell’s appointment follows the death of Judge M. Keith Siskin in July. Tidwell has served as Rutherford County General Sessions Judge since 2014. Previously, he was an attorney in general practice at Bulloch, Fly, Hornsby & Evans from 2013-2014.

Supreme Court Clarifies Self-Defense When Engaged in Unlawful Activity

Posted by: Katharine Heriges on Nov 21, 2017
The Tennessee Supreme Court has clarified when self-defense can be claimed, when the person making the claim is engaged in unlawful activity at the time of the incident. In the case of State of Tennessee v. Antoine Perrier, the Supreme Court held that the defendant, who admitted to being a felon in possession of a handgun, was engaged in unlawful activity, and concluded that there was a sufficiency of proof to support the defendant’s conviction.

LSAT Test Takers Up Significantly from 2016

Posted by: Katharine Heriges on Nov 21, 2017
The number of students taking the Law School Admissions Test has risen significantly since last year, the ABA Journal reports. The increase in test takers was 5.4 percent in February, 19.8 percent in June and 10.7 percent in September. As of Oct. 30, the number of registrations for the December test is 21.4 percent above the total at the same time last year.

Federal Judge Issues Permanent Injunction on Sanctuary Cities Order

Posted by: Katharine Heriges on Nov 21, 2017
A federal judge yesterday issued a permanent injunction blocking President Donald Trump’s executive order denying funds to cities that don’t cooperate in immigration enforcement, the ABA Journal reports. The order violates the separation of powers, the 10th Amendment’s ban on conscription of local jurisdictions and Fifth Amendment’s due process clause, according to U.S. District Judge William Orrick. Orrick also said Attorney General Jeff Sessions wasn’t credible when he interpreted the executive order in a May memo.

ABA Urges 11th Circuit to Ban Bail System in Calhoun, Ga.

Posted by: Katharine Heriges on Nov 21, 2017
The American Bar Association filed a new amicus brief Monday, again contending that the bail system in Calhoun, Ga., which allows pretrial release only if the defendant pays an amount of bail money fixed to a schedule of offenses, violates the Equal Protection and Due Process clauses of the 14th Amendment. In March, the U.S. Court of Appeals for the 11th Circuit remanded the case back to the trial court, requesting the judge’s injunction provide more guidance to Calhoun on how it must comply with the minimal standards required by the U.S. Constitution. This is the second brief filed by the ABA in the matter.
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