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TSC Upholds Trial Court Decision Excluding Videotape of Defendant's Post-Polygraph Statements

Posted by: Katharine Heriges on Aug 22, 2019
The Tennessee Supreme Court has held that a trial court acted within its discretion in excluding from trial a defendant’s videotaped statements given in a post-polygraph interview. In so doing, the court reversed the decision of the Court of Criminal Appeals. In reaching this decision, the court noted that a trial court has broad discretion in determining whether particular evidence should be admitted at trial. As a result, as long as the trial court’s action was an objectively reasonable decision, an appellate court should not substitute its judgment for that of the trial court. Instead, it should uphold that decision, even if the appellate court would have reached a different result. State of Tennessee v. Quintis McCaleb was authored by Chief Justice Jeff Bivins.

Carter County Lawyer Disbarred

Posted by: Katharine Heriges on Aug 22, 2019
The Supreme Court of Tennessee today disbarred Carter County lawyer Gregory Scott Norris from the practice of law and ordered him to pay restitution to eight former clients, totaling $17,360. After a trial, a hearing panel found that Norris failed to appear in court on numerous occasions, stopped corresponding with opposing attorneys, made incoherent arguments in court, took fees from clients for which he did little to no work, failed to advise clients of his temporary suspension, failed to communicate, failed to return files and abandoned numerous client matters. On January 26, 2018, Norris was temporarily suspended by the Supreme Court. That suspension is now dissolved.

AG Slatery Announces Deal with Phone Companies to Fight Robocalls

Posted by: Katharine Heriges on Aug 22, 2019
Attorney General Herbert H. Slatery III says that a bipartisan coalition of 51 attorneys general and 12 phone companies has agreed to adopt new principles to fight illegal robocalls. Among the agreement's details include the promise that phone companies will work to prevent illegal robocalls by implementing blocking technology, authenticating callers and monitoring their networks for robocall traffic. The companies also will assist attorneys general investigating and taking action against suspicious callers.

Go Behind the Scenes of Memphis Legal Drama 'Bluff City Law'

Posted by: Katharine Heriges on Aug 22, 2019
The Commercial Appeal has a feature this week going behind the scenes of production on NBC’s new Memphis-based legal drama “Bluff City Law.” A Memphis showroom on Summer Avenue has been converted into a sound stage and courtroom set for the show. The first day of shooting with stars Jimmy Smits and Caitlin McGee took place yesterday on set.

Federal Court Rules Electoral College Members May Vote as They Wish

Posted by: Katharine Heriges on Aug 22, 2019
The 10th U.S. Circuit Court of Appeals ruled this week that presidential electors who cast the actual ballots for president are free to vote as they wish and cannot be required to follow the results of the popular vote in their states, NBC News reports. It hasn't been much of an issue in American political history because when an elector has refused to follow the results of a state's popular vote, the state has simply thrown the ballot away. But Tuesday's ruling says states cannot do that.

Judge Rules Teacher Accused of Abuse Can't Attend Daughters' Soccer Games

Posted by: Katharine Heriges on Aug 22, 2019
The middle school teacher accused of stalking or sexually assaulting five boys will not be allowed to attend his teenager daughters' soccer games, despite his request to have his bond restrictions lifted, the Tennessean reports. Robert Ring appeared in Sumner County General Sessions Court Wednesday. He is charged with two counts of aggravated sexual battery and two charges of assault. Ring is allowed to attend his church so long as he does not have contact with other children while there, but Judge Mike Carter said he felt attending church and attending sporting events on school grounds were two different things.

Eminem's Publishing Company Sues Spotify in Nashville Court

Posted by: Katharine Heriges on Aug 22, 2019
The publishing company for hip hop icon Eminem has filed a lawsuit against Spotify in Nashville, Fox 17 reports. Publisher Eight Mile Style LLC. owns and controls Eminem's compositions and claims in the suit Spotify is unauthorized to use his music and is in violation of the Constitution. The suit claims Spotify disregarded the exclusive rights of Eight Mile Style by not licensing the rights to distribute or reproduce Eminem's compositions. The suit states "even after the Music Modernization Act of 2018, Spotify did not comply with its requirements."

Federal Lawsuit: Rutherford Jail Infringed on Tech Company's Patent

Posted by: Katharine Heriges on Aug 22, 2019
Rutherford County jail officials are entangled in a federal lawsuit after a company called Smart Communications accused them infringing upon its patented technology that transformed written mail into an electronic version sent directly to inmates, the Daily News Journal reports. The lawsuit states that in mid-2017 Smart Communications employees met with Rutherford County jail officials to demonstrate the technology that was covered by an asserted patent while the patent application was pending. The next year, talks with Smart Communications ended, and the jail started working with another company, using an application that seemed to Smart to be very similar to its own.

2019 CLE Suspensions

Posted by: Katharine Heriges on Aug 22, 2019

The following attorneys were suspended by the Supreme Court on Aug. 21, 2019, for failing to comply with Rule 21 of the Rules of the Tennessee Supreme Court, which requires mandatory continuing legal education, during the 2018 compliance year. Attorneys who have since complied with CLE requirements, and for whom notice has been received from the court, are noted as reinstated.

Incoming House Speaker Asks AG for Opinion on Expelling Rep. Byrd

Posted by: Katharine Heriges on Aug 21, 2019
With the legislature set to convene for a special session on Friday, the next speaker of the House of Representatives is asking Tennessee Attorney General Herbert Slatery for an opinion related to efforts to expel Rep. David Byrd, the Tennessean reports. Byrd has faced calls for his resignation for more than a year after a Nashville news station published a story that featured three women who alleged the Waynesboro Republican sexually assaulted them when he was their high school coach in the 1980s. Speaker-select Cameron Sexton called the allegations "serious" and the situation as one that is "complex and unprecedented."
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