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TBA Law Blog

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Family of Man Executed in 2006 Calls for DNA Testing to Prove Innocence

Posted by: Katharine Heriges on May 1, 2019
News Type: Legal News
Thirteen years after the state executed death row inmate Sedley Alley, his daughter is renewing a call to test DNA evidence in his case, the Commercial Appeal reports. His legal team says the results could prove he died an innocent man. Alley's daughter April Alley, acting as the executor of her father's estate, filed a petition for the testing in Shelby County criminal court. She also asked Gov. Bill Lee to order the long-sought tests. Sedley Alley was convicted in the brutal killing of Suzanne M. Collins, a Marine abducted while jogging at a Navy base north of Memphis in 1985. He was executed in 2006.

May TBJ Will Help Your Law Practice Stay Relevant

Posted by: Katharine Heriges on May 1, 2019
The May Tennessee Bar Journal can help you keep your practice relevant in today’s evolving legal market. In this issue you'll learn about how the digital age is impacting the practice of law. Using Tennessee and national statistics, our cover article points out what you need to do to keep up, including procedures you are likely already following. Also, there are more updates to adoption law, including the new enforceable post-adoption contract agreements. President Jason Pannu writes about a new look and branding for the TBA, read about the YLD’s State High School Mock Trial. The May TBJ is here!

Williamson County Lawyer Suspended

Posted by: Katharine Heriges on May 1, 2019
News Type: BPR Actions
On April 17, the Supreme Court of Tennessee suspended Williamson County lawyer R. W. Hardison from the practice of law for five years, retroactive to his temporary suspension on August 29, 2017. The Board of Professional Responsibility filed a petition for discipline on November 28, 2017, including three complaints of misconduct. Two of the complaints arose from overdraft notices in Hardison’s trust account.The third complaint resulted from a closing transaction wherein Hardison assisted a client with the refinancing of a commercial loan but failed to pay off one of the lenders in the original loan transaction. Hardison’s trust account balance for the months following the loan transaction remained below the amount that should have been in the account. Hardison refunded his client the unpaid loan amount and cites his negligent oversight of the trust account as the cause for him being unaware of the unpaid loan. Hardison executed a conditional guilty plea acknowledging his misconduct violated the Rules of Professional Conduct.

Early Bird Convention Registration Ends Today

Posted by: Katharine Heriges on Apr 30, 2019
News Type: TBA Convention 2019
Today is the final day to get the Early Bird discount rate for the 2019 TBA Convention in Nashville! Registration will remain open at an increased price up until the start of the conference on June 12. Register today at TBA.org, and don’t forget that the cutoff for the group rate at the Renaissance hotel is May 17.

Memphis Judge Under Fire for Facebook Post

Posted by: Katharine Heriges on Apr 30, 2019
News Type: Legal News
Shelby County Criminal Court Judge Jim Lammey is facing criticism for a Facebook post, in which he shared an article by a Holocaust denier calling Muslim immigrants “foreign mud,” the Commercial Appeal reports. Lammey faces immigrant felons in court and is the only Criminal Court judge in the county to regularly order some immigrants seeking probation to register with federal immigration authorities or stay in jail. When asked about the post, Lammey said, “I see where I said, ‘Interesting read. Some four-letter words, though.' I don’t know if that meant that I agreed with it all or if it was just a reason to have a good conversation."

House, Senate Differ in Response to Anti-LGBT Bill Backlash

Posted by: Katharine Heriges on Apr 30, 2019
After a number of prominent businesses and organizations, including the Tennessee Titans and Amazon, spoke out in opposition to a slate of bills targeting the LGBT community, House Speaker Glen Casada responded by saying he was unfazed by the financial implications and that “they should take care of their stockholders and not get so much involved in politics.” The Tennessean reports Lt. Gov. Randy McNally took a different angle, saying via a spokesperson that he “prefers to focus on legislation that advances economic growth rather than district from it.” Two of the bills were scheduled to be considered in both chambers today.

Lee to Allow Sports Betting Bill to Become Law Without Signature

Posted by: Katharine Heriges on Apr 30, 2019
Gov. Bill Lee says he will allow a Tennessee sports betting bill to become law without his signature, the Tennessean reports. The House and Senate both narrowly approved the legislation, which would allow online sports betting beginning July 1. Lee has stated in the past his opposition to the practice. Tax revenue from the sports gambling industry is projected to bring in an estimated $50 million each year, which will be set aside for education, local government and gambling addiction treatment.

Officer Prepared Warrant for Accused Sumner County Killer's Parole Violation Day Before Murder

Posted by: Katharine Heriges on Apr 30, 2019
News Type: Legal News
District Attorney Ray Whitley confirmed that a probation officer was preparing a warrant for accused murderer Michael Cummins' arrest the day before several people were found brutally killed in Sumner County, the Tennessean reports. A violation of probation affidavit was filed Monday and outlined how Cummins violated his parole when he was taken into custody as a suspect in the slayings of seven people and when he failed to comply with conditions requiring him to receive a mental health evaluation. Cummins was previously arrested on Sept. 13, 2017, after he set fire to a neighbor's home and assaulted her as she attempted to put out the flames, according to the warrant in that case.

McGee Confirmed as Court of Appeals Judge

Posted by: Katharine Heriges on Apr 30, 2019
News Type: Legal News
Judge Carma Dennis McGee was confirmed during a joint session of the Tennessee General Assembly as the newest member of the Tennessee Court of Appeals – Western Division. She is the first Court of Appeals judge to go through the confirmation process that was enacted in 2016 by Executive Order 54. McGee was appointed by Gov. Bill Lee on April 10 after being one of three candidates out of 14 applicants recommended by the Governor’s Council for Judicial Appointments. She previously served as a chancellor in Tennessee’s 24th Judicial District, serving Benton, Carroll, Decatur, Hardin and Henry counties.

Maury County Lawyer Censured

Posted by: Katharine Heriges on Apr 30, 2019
News Type: BPR Actions
Maury County lawyer Kevin S. Latta today received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. Latta represented a criminal defendant in post-trial proceedings and on appeal. Over the course of two years, he failed to respond in any way to five orders from the Court of Appeals instructing him to inform the court of the status of the appeal, and he failed to respond to three court orders setting deadlines to file his appellate brief. Latta also failed to adequately communicate with and respond to inquiries from his client. In mitigation, the court permitted the client’s appeal to move forward.
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