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Posted by: Katharine Heriges on May 19, 2017
In a case that calls into question the value of eyewitness testimony, the Knoxville News Sentinel examines the conviction of Adam Clyde Braseel, who was found guilty of murder and has served 10 years of jail time. In 2015, eight years after his original conviction, a judge ruled that Braseel was entitled to a new jury trial, as “identification alone is all that ties the petitioner to the crime,” but prosecutors appealed the judge’s decision and the state Court of Criminal Appeals sent him back. Braseel’s lawyer is currently planning to file a petition for another hearing.
Posted by: Katharine Heriges on May 19, 2017
After the Justice Department attempted to stop a nonprofit from advising immigrants who cannot afford a lawyer, a federal judge granted the organization a temporary restraining order and issued an order to stop the department from taking similar actions against legal nonprofits, Reuters reports. The government had told the Northwest Immigrant Rights Project of Washington state that it could not advise people in immigration court without formally representing them. U.S. District Judge Richard Jones’ order prevents the department from enforcing the rule against legal nonprofits.
Posted by: Katharine Heriges on May 19, 2017
Thirty current and former state and local prosecutors have signed an open letter expressing concern over a recent order from Attorney General Jeff Sessions to “charge and pursue the most serious, readily provable offense,” The Washington Post reports. The letter was released today by the nonprofit Fair and Just Prosecution, and it calls Sessions’ directive “an unnecessary and unfortunate return to past ‘tough on crime’ practices” that will do more harm than good. The letter cites increased federal spending on incarceration, higher prison populations, and a lack of true rehabilitation for low-level drug offenders as likely results of the order.
Posted by: Katharine Heriges on May 19, 2017
Three conservative think tanks have joined the push to help an Argentine lawyer take the Tennessee Bar Exam, the Nashville Post reports. The Cato Institute, the Goldwater Institute and the Beacon Center of Tennessee have filed a request with the Tennessee Supreme Court to submit an amici curiae brief on behalf of Maximiliano Gabriel Gluzman, who was not allowed by the Tennessee Board of Law Examiners to sit for the February 2016 bar. Gluzman was not allowed to take the test due to new requirements that govern individuals with foreign law degrees. His appeal is now before the Tennessee Supreme Court, and the board of law examiners will file a response next month. 
Posted by: Katharine Heriges on May 19, 2017
The former police chief and an officer in the Calhoun Police Department have been indicted in an extortion investigation involving the seizure of property to force contributions to the department’s drug fund, the Times Free Press reports. Former chief Julie Tanksley and officer Charles Godsey have been under a TBI investigation since April of 2015, and have now each been charged by a McMinn County grand jury with two counts of extortion.
Posted by: Katharine Heriges on May 19, 2017
The Nashville Business Journal, which each year honors the local attorneys it finds to be the “Best of the Bar,” has awarded Neal and Harwell co-founder Aubrey Harwell its first Lifetime Achievement Award. Harwell and all of the 2017 winners will be honored at a June 27 reception.
Posted by: Katharine Heriges on May 19, 2017
A Maury County man who left the state with a 15-year-old girl was indicted this week on federal charges, The Tennessean reports. Tad Cummins, 50, was charged with obstruction of justice and transporting a minor across state lines for the purpose of engaging in criminal sexual conduct. The obstruction charge came from Cummins destroying his and the girl’s cellphones. Cummins was arrested last month in California after a nationwide manhunt.
Posted by: Katharine Heriges on May 18, 2017
At this year’s annual Bench Bar CLE program, TBA Convention participants will get a chance to learn about one of the greatest family feuds in history, that of the Hatfields and the McCoys. Descendants of the real families will lead this series of interactive discussions, covering topics like conflict resolution and the role that the pursuit of “justice” had in perpetuating the feud in its latter years. The program will be set against the backdrop of the beautiful MeadowView Marriott Resort in Kingsport, site of the 2017 TBA Convention, taking place June 14-17. Find out more and register here.
Posted by: Katharine Heriges on May 18, 2017

Tennessee joined five other states to in support of the Regional Opioid Initiative (RJOI), which has developed an action plan with strategies to combat the growing opioid epidemic. The initiative is the result of a Regional Judicial Opioid Summit held in August of 2016, which brought together multi-disciplinary representatives from across Illinois, Indiana, Kentucky, Michigan, Ohio and Tennessee. RJOI stakeholders are comprised of chief justices, judges, legislators, behavioral health treatment providers, medical experts, prescription drug monitoring program (PDMP) managers, regulatory agencies, child welfare representatives and others.

Posted by: Katharine Heriges on May 18, 2017

The TBA's annual Elder Law Forum will be held July 14 at the AT&T Building in downtown Nashville. Sessions will cover ABLE, Special Needs Trusts, Medicare bundled billing, estate planning, wills and corresponding tax implications. Legislative updates will be provided to include information regarding nursing home law developments and regulations. A new session will address how to avoid pitfalls involving families and the representation of elders.


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