TBA Law Blog

TBA Law Blog

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Supreme Court Amends Rule 13

Posted by: Katharine Heriges on Jun 28, 2019
Following the passage of Senate Bill 559/House Bill 628, the Tennessee Supreme Court has amended Sections 1 and 2 of Rule 13  of the Tennessee Annotated Code. Section 1 concerns the right to counsel and procedure for appointment of counsel, while Section 2 deals with compensation of counsel in non-capital cases. Read the full order and amended rules here.

Judge Angel Elected President of 12th Judicial District Bar Association

Posted by: Katharine Heriges on Jun 28, 2019
News Type: Legal News
Circuit Court Judge Justin C. Angel has been selected to serve as president of the 12th Judicial District Bar Association, the Chattanoogan reports. The 12th District is comprised of Rhea, Bledsoe, Sequatchie, Marion, Franklin and Grundy counties. Angel is also the current presiding judge of the 12th Judicial District. Angel was elected to the bench for an eight year term in 2014. He presides over civil and criminal matters.

Federal Practice Forum, July 18

Posted by: Katharine Heriges on Jun 28, 2019
News Type: TBA CLE
Join the TBA Federal Practice Section for its annual CLE program on July 18 in Nashville. This program features presentations that are tailored to experienced federal court practitioners and those who are new to federal practice. Highlights include best practices for presenting a case in federal court, a panel discussion on how best to work with federal agencies, e-discovery and an update on Federal Probation Office policies and procedures.

UT Law Alum Donates $1.15 Million for Scholarships

Posted by: Katharine Heriges on Jun 28, 2019
News Type: Legal News
University of Tennessee College of Law alumnus Carl Colloms has committed $1.15 million over seven years to provide scholarship funding for UT Law students. This gift will grow the Judge Carl E. Colloms Scholarship endowment to one of the largest in college history. Colloms, a Charleston, Tennessee, native, has designated his gift to benefit students from southeast Tennessee. He began his career as a solo practitioner in 1966 and quickly distinguished himself as a leader in the community. He served as a county attorney for more than five years and was the youngest county leader in the state during his term as mayor in Bradley County.

Williams, Sexton Confirm They Will Seek House Speakership

Posted by: Katharine Heriges on Jun 28, 2019
The race to succeed Glen Casada as speaker of the House of Representatives got a little more crowded this week, after two more Republican candidates launched their own bids, the Tennessean reports. Former House Republican Caucus chair Ryan Williams formally announced his bid in a letter to his colleagues, while Rep. Cameron Sexton, who serves as the House Republican Caucus chair, officially confirmed his entry into the race this week. Williams and Sexton join Reps. Mike Carter, Matthew Hill, Curtis Johnson and Jay Reedy as those vying to be speaker.

SCOTUS: Warrant Not Necessary to Draw Blood from Unconscious Person Suspected of DUI

Posted by: Katharine Heriges on Jun 27, 2019
News Type: U.S. Supreme Court
U.S. Supreme Court Justice Stephen G. Breyer joined with conservatives Thursday in a decision that allows police in most circumstances to obtain a blood draw from an unconscious motorist without getting a warrant, the ABA Journal reports. Justice Samuel A. Alito Jr. wrote the plurality opinion, saying the blood draw is generally permitted under the “exigent circumstances” exception to the Fourth Amendment’s general requirement of a warrant. The exception allows warrantless searches to prevent the dissipation of evidence, which consists of the dissipation of blood alcohol from metabolic processes in drunken-driving cases.

6 Finalists Named for Ethics and Campaign Finance Director

Posted by: Katharine Heriges on Jun 27, 2019
News Type: Legal News
The Bureau of Ethics and Campaign Finance has whittled down the applications to succeed retiring Executive Director Drew Rawlins from 43 to six, the Tennessee Journal reports. The finalists are former Rep. Jerome Cochran, former Rep. Mark Goins, former Rep. Judd Matheny, former Rep. Kim McMillan, former Nashville Chancellor Bill Young and Jay Moeck, the current audit director for the bureau. The finalists are scheduled to be interviewed over the course of three weeks starting on July 8. The selection will be made by the members of the Ethics Commission and the Registry of Election Finance.

Judge Grants Injunction in Battle Between Nashville School Board, Charter School Group

Posted by: Katharine Heriges on Jun 27, 2019
News Type: Legal News
Nashville Chancellor Anne Martin granted an injunction requested by Knowledge Academies (KA) yesterday, but refused to block the Nashville School Board from moving forward with possibly closing the embattled Antioch charter schools, the Tennessean reports. The group of charter schools claimed that the school board violated the state's open meetings act when it met with its attorneys and some staffers to discuss a range of issues surrounding the school earlier this month. Martin ruled that Knowledge Acadamies' lawyers may depose the school board members and staffers who took part in the closed-door meeting. 

SCOTUS: Legislative Branch, Not Judicial, Responsible for Gerrymandering Problem

Posted by: Katharine Heriges on Jun 27, 2019
News Type: U.S. Supreme Court
In a 5-4 decision along traditional conservative-liberal ideological lines, the Supreme Court ruled that partisan redistricting is a political question — not reviewable by federal courts — and that those courts can't judge if extreme gerrymandering violates the constitution, NPR reports. Chief Justice John Roberts, writing for the majority, noted that excessive partisanship in the drawing of districts does lead to results that "reasonably seem unjust," but he said that does not mean it is the court's responsibility to find a solution. The ruling puts the onus on the legislative branch, and on individual states, to police redistricting efforts.

After SCOTUS Blocks Citizenship Question, Trump Says He'll Delay Census

Posted by: Katharine Heriges on Jun 27, 2019
News Type: U.S. Supreme Court
President Trump today vowed to try delaying the 2020 census after the Supreme Court blocked his administration's plan to include a question that inquires about citizenship status, Fox News reports. The court had said that the administration's explanation for adding the question was insufficient and sent it back to the lower courts for further consideration. The 5-4 ruling, authored by Chief Justice John Roberts, said that the court was presented "with an explanation for agency action that is incongruent with what the record reveals about the agency’s priorities and decision making process."
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