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Posted by: Amelia Ferrell Knisely on Feb 17, 2016

A confirmation vote by the joint state House and Senate is the last step needed in order for Roger Page to officially become a Tennessee Supreme Court justice. A joint session is scheduled for Monday. Page appeared before the House Judicial Confirmation Ad Hoc Committee yesterday to receive a unanimous recommendation; he went on to earn the Senate Judiciary Committee’s recommendation. The Tennessean has more details

Posted by: Amelia Ferrell Knisely on Feb 17, 2016

Jonathan Rapping, a criminal defense attorney and the founder and president of Gideon’s Promise, will deliver the 2016 Charles H. Miller Lecture in Professional Responsibility at the University of Tennessee College of Law March 1. Gideon’s Promise is devoted to training and supporting public defenders across the southeastern United States and was featured in the award-winning HBO documentary "Gideon’s Army." The lecture, “Changing the American Criminal Justice Narrative” will be at noon in Room 132 of the College of Law, 1505 W. Cumberland Ave, Knoxville.

Posted by: Amelia Ferrell Knisely on Feb 16, 2016

The House Ad Hoc Committee on Judicial Confirmation and Senate Judiciary Committee today unanimously approved Roger Page to fill a vacancy on the Tennessee Supreme Court. Page was appointed to the position by Gov. Bill Haslam, but was subject to approval by the House and Senate committees under the Conference Committee on Judicial Confirmation’s recently adopted judicial confirmation process. While speaking before the House committee, Page expressed the importance of improving the state’s indigent defense system. He also said he will recuse himself from any cases that present a conflict of interest with his wife, Davidson County Chancellor Carol McCoy.

Posted by: Amelia Ferrell Knisely on Feb 16, 2016

We granted permission to appeal in this case to determine whether the traffic stop of the Defendant, Linzey Danielle Smith, violated the constitutional rights of the Defendant. The arresting officer initiated the stop after observing the Defendant once cross and twice touch the fog line marking the outer right lane boundary on an interstate highway. After being pulled over, the Defendant was charged with alternative counts of driving under the influence. The Defendant filed a motion to suppress, contending that the traffic stop was unconstitutional.

Posted by: Amelia Ferrell Knisely on Feb 16, 2016
Posted by: Amelia Ferrell Knisely on Feb 16, 2016

The Tennessean reports the Senate Finance Ways and Means Committee today approved a Republican-backed resolution that orders Attorney General Hebert Slatery to sue the federal government for noncompliance of the Refugee Act of 1980. Sen. Mark Norris, R-Collierville, said the federal government has required the state to participate in the refugee resettlement program, even after the state opted out of the program in 2008. Sen. Steve Dickerson, R-Nashville, expressed concerns that the resolution might have a “chilling effect” on the state’s refugee community.

Posted by: Amelia Ferrell Knisely on Feb 16, 2016

The Defendant-Appellant, Tammy Marie Harbison, entered an open guilty plea to one count of theft of property valued at more than $1,000 but less than $10,000 in the Lawrence County Circuit Court. As a Range I, standard offender, she received a three- year sentence, which was suspended following service of six months in incarceration. On appeal, the Defendant-Appellant contends that the trial court abused its discretion in denying her request for full probation.

Posted by: Amelia Ferrell Knisely on Feb 16, 2016

This case grew out of the administration of the estate of John J. Burnette. G. Michael Luhowiak, successor administrator of the estate, filed a motion seeking approval of fees and expenses and asking the trial court to assess those charges against John G. McDougal, the previous administrator. The trial court adopted a master?s report granting the successor administrator the requested relief. The court denied the previous administrator?s motion to alter or amend. The previous administrator appeals.

Posted by: Amelia Ferrell Knisely on Feb 16, 2016

This appeal arises from the termination of Father?s parental rights. The minor child was removed from his parents, placed in state custody, and adjudicated dependent and neglected after the Tennessee Department of Children?s Services (“DCS”) received a referral alleging that Father and the child?s mother were using and possibly manufacturing methamphetamines in the home. Thereafter, DCS developed permanency plans with the goal of reuniting the family. The mother died shortly thereafter of a drug overdose.

Posted by: Amelia Ferrell Knisely on Feb 16, 2016

An insurance company which issued a commercial general liability policy to the owner of a lawn care business sought a declaratory judgment that the policy did not provide coverage for a claim brought by the parent of a child who was injured by the gate on a trailer which was used to transport lawn care equipment. The company appeals the denial of its motion for summary judgment.


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