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Lee to Detail Criminal Justice Reform Proposals in State of the State Address

Posted by: Katharine Heriges on Feb 28, 2019
Gov. Bill Lee's office last week announced a suite of criminal justice reforms that will be included in his legislative priorities for the year, The Tennessean reports. Lee's proposals include $10.5 million to outfit eight state prisons with equipment needed to provide high school education and college-level courses, $1.7 million in additional funding for state recovery courts, and the elimination of a $180 expungement fee that will allow some lower-level offenders to clear their criminal records for free. Lee is expected to discuss his plans in more detail during the annual State of the State address.

Fox Hit With $178 Million Judgment in TV Profit Participation Lawsuit

Posted by: Katharine Heriges on Feb 28, 2019
News Type: Legal News
In a decision that could have widespread repercussions in the entertainment industry, Fox has been hit with a $178.7-million judgment in a profit participation dispute with the cast and producers of the TV series “Bones,” The Los Angeles Times reports. The ruling was decided in arbitration and the award is among the largest of its kind. At the heart of the dispute was whether Fox engaged in so-called “self-dealing” — hiding profits from the show to avoid compensating key talent and producers. Arbitrator Peter Lichtman wrote in his decision that Fox engaged in “reprehensible conduct” and that top executives including 21st Century Fox President Peter Rice, and Fox TV Chairmen and Chief Executives Dana Walden and Gary Newman gave unconvincing testimony.

28th District Public Defender to Retire, Applications Being Accepted for Replacement

Posted by: Katharine Heriges on Feb 28, 2019
News Type: Legal News
Tom W. Crider, public defender for the 28th Judicial District, has announced his retirement, and Gov. Bill Lee is now accepting applications for his replacement. The 28th district includes Crockett, Gibson and Haywood counties, and the appointed public defender will serve until the 2020 election. Interested attorneys should submit a resume and cover letter to Lang Wiseman, deputy and chief counsel to the governor, State Capitol, First Floor, 600 Dr. Martin Luther King Jr. Blvd., Nashville, Tennessee 37243 or by email to lang.wiseman@tn.gov by 5 p.m. on March 15.

Task Force on Redistricting Judicial Districts to Hold Public Hearings

Posted by: Katharine Heriges on Feb 28, 2019
News Type: Legal News
The Advisory Task Force on Composition of Judicial Districts will hold a public hearing in Nashville on March 4 to receive comments on a proposed statewide redistricting plan. The public hearing will be held at 1 p.m. at Cordell Hull Building, Senate Hearing Room 2, 425 5th Avenue N. Attendees must sign up online in advance to speak. Each speaker will be limited to five minutes. Interested parties may also submit written public comments for consideration. The task force, chaired by Chancellor Telford E. Forgety, will hold additional public hearings in Jackson on April 15, Harriman on May 20, and Murfreesboro on June 12. 

Nonpartisan Judicial Elections Bill Fails in Subcommittee

Posted by: Katharine Heriges on Feb 27, 2019
A bill that would have established nonpartisan elections for certain positions in Davidson and Shelby counties failed in a House subcommittee today, The Nashville Post reports. Republicans on the House Elections and Campaign Finance Subcommittee questioned why its sponsor, Rep. Tom Leatherwood, R-Arlington, had not secured support from local governments in Shelby and Davidson counties. In Nashville, the bill would have made judicial elections and those for constitutional officers like court clerk nonpartisan. In Shelby County, where judicial elections are already nonpartisan, the bill would have affected elections for county mayor, commission and other charter offices. Democrats swept those Shelby County races last year after years of Republican control. A similar bill from Sen. Steve Dickerson, R-Nashville, would have a similar effect but would apply to every county in the state and only to judicial positions.

Judge Will Seal Evidence in Nashville Police Officer Murder Case

Posted by: Katharine Heriges on Feb 27, 2019
News Type: Legal News
A judge said this week he would seal evidence filed in the murder case against Nashville police Officer Andrew Delke, The Tennessean reports. Judge Monte Watkins issued his four-page order days after Delke's defense attorney David Raybin argued in favor of sealing evidence in the case last week. Delke is charged after he shot a man during a foot chase last year. Raybin said allowing evidence to be filed with the court clerk, and therefore available to reporters and other members of the public, would jeopardize Delke's right to a fair trial because potential jurors might see evidence that is later deemed inadmissible at trial.

Davidson County Lawyer Remains Suspended

Posted by: Katharine Heriges on Feb 27, 2019
News Type: BPR Actions
The Tennessee Supreme Court today entered an order denying the request of Davidson County lawyer Brian Phillip Manookian for dissolution of his temporary suspension. Manookian was temporarily suspended from the practice of law on Sept. 21 of last year upon a finding that he poses a threat of substantial harm to the public. On Sept. 28, Manookian filed a petition to end his suspension. A hearing was held and the Board of Professional Responsibility's panel recommended his petition be denied. On Jan. 22, Manookian filed a second petition, and following a hearing, he was again denied.

AirBnB Hosts Say City of Nashville Violated Court Order

Posted by: Katharine Heriges on Feb 27, 2019
News Type: Legal News
A group of Airbnb hosts suing the city of Nashville say Mayor David Briley's administration violated a court order by trying to stop them from renting their homes out online, The Tennessean reports. During a hearing today, attorneys for some of the hosts said the city should be held in contempt of court. Dozens of hosts sued in January after the city tried to revoke their short-term rental permits, which were issued by mistake. On Feb. 11, a judge signed an agreed order saying Metro must allow the hosts to continue renting their homes until the legal matter was settled. But on Feb. 15, Metro sent the hosts letters saying their permits were revoked, and that "the law requires you to immediately cease operations as a short-term rental."

SCOTUS Rules Partially in Favor of Death Row Inmate with Dementia

Posted by: Katharine Heriges on Feb 27, 2019
News Type: U.S. Supreme Court
The Eighth Amendment's ban on cruel and unusual punishment bars the execution of an inmate with dementia if he is unable to form a rational understanding of the reasons for his death sentence, the U.S. Supreme Court has ruled. The ABA Journal reports that the court ruled in the case of Vernon Madison, an Alabama inmate who suffers from vascular dementia and can’t remember killing a police officer in 1985 during a domestic dispute. Failing to remember a crime isn’t a bar to execution if the defendant still has a rational understanding of why the state wants to execute him, Justice Elena Kagan wrote in the majority opinion. What matters, Kagan said, is whether a person has a rational understanding of the reasons for his death sentence.

AG Applauds Ruling in Purdue Pharma Case

Posted by: Katharine Heriges on Feb 27, 2019
News Type: Legal News
Tennessee Attorney General Herbert Slatery released a statement today celebrating a recent decision by Knox County Circuit Court Judge Kristi M. Davis, who found that the state has a valid case against Purdue Pharma, which had filed a motion to dismiss the state’s lawsuit. The state is arguing that Purdue violated the Tennessee Consumer Protection Act, the 2007 Agreed Final Judgment and created a public nuisance.
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