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Trial Underway for 3rd Vandy Football Player Accused of Rape

Posted by: Katharine Heriges on Jun 19, 2017
The trial of Brandon E. Banks, a former Vanderbilt University football player accused of raping a woman alongside teammates, began today in Nashville, The Tennessean reports. Banks pleaded not guilty, and his defense will argue that he was forced to act by others in the room on the night of the crime. He is the third of four accused to go to trial. Brandon Vandenburg and Cory Batey are currently serving sentences following their convictions. A fourth former player is expected to testify against Banks in hopes of a plea deal in his own case.

Supreme Court to Hear Landmark Gerrymandering Case

Posted by: Katharine Heriges on Jun 19, 2017
The U.S. Supreme Court will consider whether gerrymandered election maps favoring one political party over another violate the Constitution, The Washington Post reports. Should the Court find partisan gerrymandering in violation of the Constitution, it could have a revolutionary impact on the next reapportionment, which comes after the 2020 election cycle. The case comes from Wisconsin, where a federal court ruled that the state’s Republican leadership created a map so partisan that it violated the Constitution’s First Amendment and equal rights protections.

3 Honored With Joe Henry Award for Journal Articles

Posted by: Katharine Heriges on Jun 19, 2017
Nashville lawyer Benjamin K. Raybin, Memphis Lawyer Amy J. Amundsen and former Nashville attorney Jeffrey L. Levy were honored on Friday with the Justice Joseph W. Henry Memorial Award for Outstanding Legal Writing at the Tennessee Bar Association’s annual Convention in Kingsport. The award is given each year to a member of the TBA who contributes the most outstanding article to the Tennessee Bar Journal. Raybin won for his article “Pardon Me: How Executive Clemency Works in Tennessee (and How It Doesn’t),” published in August 2016, and Amundsen and Levy were honored for their point/counterpoint articles, “Confusion / Clarity: Two Family Law Attorneys on How to Balance Best Interests of Children and Doctor-Patient Privilege,” published in May 2016.

SCOTUS Allows Band to Call Itself by Disparaging Name

Posted by: Katharine Heriges on Jun 19, 2017
The U.S. Supreme Court has ruled in favor of the Asian-American rock band The Slants, which had previously been denied a trademark by the U.S. Patent Office due to the disparaging nature of its moniker, NPR reports. The ruling could have major implications for other trademark cases and disputes, like the Washington Redskins football team. "The disparagement clause violates the First Amendment's Free Speech Clause," Justice Samuel Alito wrote in his opinion.

Trial for Truck Driver Charged with Killing Six Postponed

Posted by: Katharine Heriges on Jun 16, 2017
The trial for Ben Brewer, a truck driver accused of killing six on Interstate 75 in 2015, has been postponed after the public defenders asked for more time, the Times Free Press reports. The trial was expected to be in court Monday with an out-of-town jury in Chattanooga. A motion was filed June 8 by the defense asking prosecutors to produce any expert witness who would testify about drugs found in Brewer’s system.

Tennessee Supreme Court Reinstates Jury Trial's Aggravated Stalking Conviction

Posted by: Katharine Heriges on Jun 16, 2017
The Tennessee Supreme Court has reinstated an aggravated stalking conviction of a defendant for knowingly violating an order of protection. The court reversed a Court of Criminal Appeals decision that there was insufficient evidence for the jury to have convicted the defendant on the aggravated stalking charge. In the unanimous opinion written by Chief Justice Jeff Bivins, the court determined that the Court of Criminal Appeals improperly reweighed the evidence presented at trial, rather than assessing the sufficiency of that evidence. 

Lucian Pera Installed as New TBA President

Posted by: Katharine Heriges on Jun 16, 2017
Jason Long concluded his term as the TBA President today and passed the gavel to Memphis attorney Lucian Pera at the TBA’s annual Convention in Kingsport. Pera said his goals will be to ensure a smooth transition and successful first year for incoming Executive Director Joycelyn Stevenson, as well as to focus on the recommendations from the recent Indigent Representation Task Force. Also on day three of the convention, the Young Lawyers Division will hold its annual meeting, and YLD President Rachel Mancl will pass the gavel to incoming leader Ahsaki Baptist. See photos from the day's events and award presentations.

Steen, Cobb, Bridgesmith Receive President’s Awards

Posted by: Katharine Heriges on Jun 16, 2017
Jackson lawyer Jonathan Steen, TBA Legislative Counsel Steve Cobb and Nashville lawyer and professor Larry Bridgesmith were recognized with President’s Awards today during the Lawyers Luncheon at the TBA Convention. Steen was honored for his service as the chair of the Executive Director Search Committee, which successfully recruited new ED Joycelyn Stevenson. Cobb was honored for his years of service on the hill, and Bridgesmith was honored for his leadership on the Special Committee for the Evolving Legal Market. See photos from the day's events and awards presentations.

ABA Urges U.S. Supreme Court to Require Funds for Post-Conviction Investigation in Capital Cases

Posted by: Katharine Heriges on Jun 16, 2017
The American Bar Association filed an amicus brief today, asking the U.S. Supreme Court to reverse a decision by the U.S. Fifth Circuit Court of Appeals setting a “substantial need” rule for funding for investigation of claims in post-conviction capital cases. In a Texas death penalty case, the Fifth Circuit set a rule that effectively requires counsel for a capital defendant to establish a viable claim before the circuit will authorize funding for an investigation in the post-conviction phase. The ABA brief argues that indigent capital defendants are entitled to qualified legal counsel in order to “conduct an independent and adequate investigation of the facts.”

President Trump’s Personal Lawyer Hires Own Lawyer in Russia Probe

Posted by: Katharine Heriges on Jun 16, 2017
President Donald Trump’s personal lawyer Michael Cohen, hired to represent him in the government probe connected to Russian involvement in the U.S. election, has hired his own lawyer, The Washington Post reports. Steve Ryan is a former general counsel for the Senate’s committee on governmental affairs and will represent Cohen as multiple committees in both houses of Congress investigate.
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