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Judge Gives Extra Time to Man Who Made Threatening Calls to U.S. Rep. Diane Black

Posted by: Katharine Heriges on Jun 20, 2019
Federal Judge Curtis Collier yesterday rejected an agreed sentence for a Chattanooga man who pleaded guilty to making vulgar, threatening calls to former U.S. Rep. Diane Black, the Chattanoogan reports. The sentencing range for Clifton Stewart Ward, 45, was 6-12 months for threatening a federal official. It was agreed between the prosecution and defense that the recommended sentence would be time served. However, Judge Collier set the term at 10 months. Ward is ordered to report to serve the final two months after 30 days.

Short Breathing Exercises Can Be Done Anywhere, Anytime

Posted by: Katharine Heriges on Jun 19, 2019
Some of the best mental wellness tools simply involve breathing. "4-7-8 breathing" is something you could even do in court while waiting for a case to come up. It’s subtle and no one has to know you’re doing it. Close your eyes, inhale for 4 counts, hold for 7, and slowly exhale for 8. Repeat until you’re ready to revisit your day.

4 Indiana Officials Sue State AG for Sexual Harassment

Posted by: Katharine Heriges on Jun 19, 2019
Four female Indiana state officials and employees filed a federal lawsuit Tuesday alleging that they were sexually harassed by Indiana Attorney General Curtis Hill, NBC News reports. The women allege that Hill groped them during an annual gathering of state lawmakers and staffers to mark the end of the legislative session. The four also claim that since their allegations became known, they have faced bullying and retaliation by other legislators and staffers. Previously, a special prosecutor said he believed the women's claims but that there's not enough evidence to prosecute Hill. Indiana's Republican Gov. Eric Holcomb has called for the attorney general, who is also a Republican, to resign.

ABA Submits Amicus Brief Calling for SCOTUS to End Nonunanimous Juries

Posted by: Katharine Heriges on Jun 19, 2019
The American Bar Association submitted an amicus brief this week to the U.S. Supreme Court arguing that it’s time to extend the Sixth Amendment right to a unanimous jury to the states, the ABA Journal reports. The brief was filed in Ramos v. Louisiana, a criminal appeal the court has accepted for its fall 2019 term. The Sixth Amendment guarantees unanimous jury verdicts in criminal cases; Evangelisto Ramos argues that the justices should apply that to the states using the 14th Amendment. “The court’s precedents on the Sixth Amendment and on incorporation make clear that unanimity is required in state and federal courts alike,” the brief says. “The ABA therefore respectfully submits that the court should bring to an end this unusual and unfortunate aspect of our criminal justice system.”

TSC: Evidence Not Enough to Hold Man Liable for Woman's Suicide

Posted by: Katharine Heriges on Jun 19, 2019
The Tennessee Supreme Court last week, in a divided opinion, dismissed a negligence lawsuit filed by the estate of a woman who committed suicide. The case involved a woman who killed herself inside the home of the man who had just broken off their affair. The majority ruling, in an opinion authored by Justice Holly Kirby, concluded that the state had failed to prove that the woman's suicide was a “reasonably foreseeable probability." However, Justice Sharon Lee dissented, stating that because the man, who is a certified psychiatrist, had shown his gun to the woman, known she was depressed and because she had previously attempted suicide in the man's house before, her death was foreseeable.

Tennessee AG Announces $6 Million in Debt Relief for Former ITT Tech Students

Posted by: Katharine Heriges on Jun 19, 2019
Attorney General Herbert H. Slatery III announced today an agreement to obtain over $6 million in debt relief for 699 former ITT Tech students in Tennessee. Nationally, the settlement involving 42 states and the District of Columbia will result in debt relief of more than $168 million for more than 18,000 former ITT students. The settlement is with Student CU Connect CUSO, LLC (CUSO), which offered loans to finance students’ tuition at ITT Tech, a failed for-profit college. ITT filed bankruptcy in 2016 amid investigations by state attorneys general and following action by the U.S. Department of Education to restrict ITT’s access to federal student aid. The CUSO loan program originated approximately $189 million in student loans to ITT students between 2009 and 2011.

Collierville Sues Owner of 'Negligently' Operated Landfill

Posted by: Katharine Heriges on Jun 19, 2019
The town of Collierville has filed a complaint against Norman Brown over his operation of the Frank Road landfill, the Daily Memphian reports. The complaint, filed yesterday in Shelby County Chancery Court, claims the landfill is an odor nuisance, noise nuisance and safety hazard to residents. It says the property has been “negligently” operated. The town hopes a judge will order Brown to remedy the smell, noise and safety concerns. The town also wants a backup plan to be in place in case of “future breakouts.” 

Lawyers Complete 2019 TBA Leadership Program

Posted by: Katharine Heriges on Jun 18, 2019

Class of 35 graduates, selects Memphis lawyer for service award

NASHVILLE, June 18, 2019 — Thirty-five attorneys from across the state graduated from the Tennessee Bar Association's Leadership Law program during the association's annual convention in Nashville last week. The group spent the last six months learning about leadership in the legal profession, issues in the courts, policymaking in state government and the importance of community service.

ABA Releases Guidance for Splitting Fees in Contingency Cases When a Lawyer is Replaced

Posted by: Katharine Heriges on Jun 18, 2019
The American Bar Association Standing Committee on Ethics and Professional Responsibility released today Formal Opinion 487 that addresses fee splitting arrangements when a lawyer in a separate firm replaces the first counsel rather than works together on a contingency-fee case. The opinion emphasizes that a previous attorney, whose services are terminated without cause, may be entitled to a fee for services performed prior to discharge and that any proposed agreement between the initial attorney and a successor should be fully disclosed and discussed with the client. Read more at the ABA website.

Judicial Conferences, Supreme Court Name Board of Judicial Conduct Appointees

Posted by: Katharine Heriges on Jun 18, 2019
A new law altering the Board of Judicial Conduct was passed by the legislature this year, so the current board will sunset on June 30 and be replaced on July 1. Under the new law, four of the Tennessee Judicial Conferences appoint one or two members each and the Tennessee Supreme Court appoints one member. The new board members are Court of Criminal Appeals Judge Camille R. McMullen, 18th Judicial District Criminal Court Judge Dee David Gay, 11th Judicial District Chancellor Jeffrey M. Atherton, Stewart County General Sessions and Juvenile Court Judge G. Andrew Brigham, Municipal Court Judge H. Allen Bray and Benton County General Sessions Judge John Whitworth. In addition to the judicial members, the new board will also include appointees from Gov. Bill Lee, the Speaker of the House and Speaker of the Senate.
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