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Posted by: Amelia Ferrell Knisely on Nov 25, 2015

Sen. Brian Kelsey, R-Germantown, plans to file a bill to increase prison time for carjackers in Tennessee, The Commercial Appeal reports. The proposal will require those convicted of carjacking to serve at least 85 percent of their sentence behind bars before being released on parole. District Attorney Gen. Amy Weirich supports the legislation. “This office would support any effort to enhance carjacking punishment by making it a no-parole offense," she said. "Those who would commit such a dangerous crime should be required to serve every day of their sentence upon conviction."

Posted by: Amelia Ferrell Knisely on Nov 25, 2015

The state Department of General Services is asking commercial real estate brokers to offer their plans to manage the state’s office leases and will consider allowing multiple firms to represent the state government. Officials will not extend their contract with Jones Lang LaSalle, but the Chicago-based company is free to bid on the new contract. Read more from Nashville Public Radio

Posted by: Amelia Ferrell Knisely on Nov 25, 2015

An error on a jury form prompted the the Tennessee Court of Criminal Appeals to grant a new trial to a Hendersonville man serving 10 years in prison for the death of a nine-month-old girl. The verdict form only listed aggravated assault without specifying whether jurors believe the assault was reckless or intentional; Randall Beaty is serving a longer sentence for intentional aggravated assault, Hendersonville Star News reports. “It is certainly likely that the result is going to be a lesser sentence because of the nature of the Court of Criminal Appeals decision,” Sumner County Assistant District Attorney Thomas Dean said.

Posted by: Amelia Ferrell Knisely on Nov 25, 2015

The Associated Press reports that despite the Justice Department's 2014 recommendation that states eliminate most HIV-specific criminal penalties, there has been little legislative response to the recommendations. According to the U.S. Centers for Disease Control, 33 states, including Tennessee, have laws making it a crime to expose others to HIV or fail to disclose HIV-positive states. "While HIV-specific state criminal laws may be viewed as initially well-intentioned and necessary law enforcement tools, the vast majority do not reflect the current state of the science of HIV," the Justice Department said.

Posted by: Amelia Ferrell Knisely on Nov 25, 2015

A new study reveals the majority of college rapes are committed by men who are not serial predators, challenging that accepted perception. “Exclusive emphasis on serial predation to guide risk identification, judicial response and rape-prevention programs is misguided,” Kevin Swartout, a lead researcher on the Georgia State University study, said. “To deter college rape, prevention should be initiated before, and continue during college.” Read more from WSMV.

Posted by: Amelia Ferrell Knisely on Nov 25, 2015

TBA President Bill Harbison and Nashville attorney Abby Rubenfeld have been named the 2015 Nashvillians of the Year by the Nashville Scene for their work in the landmark Obergefell v. Hodges case. The article details the unlikely team of Harbison, “the diplomat,” and Rubenfeld, “the warrior,” and the attorneys’ work preparing the historic case, which would determine that it is unconstitutional for states to ban same-sex marriages. “Rubenfeld and Harbison were just two of many players in one of the biggest civil rights cases of our time," author Kim Green writes. Harbison “speaks quietly and deliberately, with a studied diplomacy — he's quick to agree, or at least to see your point. Unruffled, dignified and warmly polite, he behaves as if he has time for you, even if he doesn't.” Rubenfeld, who is chair of the TBA's LGBT Section, reflects on why she chose the law: "Our constitution is a really beautiful and well-constructed document," she says. "But there's so much work to do to enforce it, and to make sure that it's applied equally to everyone.”

Posted by: Amelia Ferrell Knisely on Nov 24, 2015

A Pennsylvania lawyer who admitted to forging the name of a judge on a fake court order was disbarred by the state Supreme Court, PennLive reports. Stephen P. Ellwood was also placed on two years’ probation with the requirement he perform 75 hours of community service. The investigation into the forgery began after an attorney, in attempting to collect compensation for a client in the fake court order, recognized that the judge’s signature was misspelled.

Posted by: Amelia Ferrell Knisely on Nov 24, 2015

Sheri A. Fox has been named executive director of Legal Aid of East Tennessee (LAET), the firm’s board of directors announced today. Fox replaces David R. Yoder, who retires Dec. 31. A long-time volunteer with LAET’s Pro Bono Project in Chattanooga, Fox has been recognized as an Attorney for Justice by the Tennessee Supreme Court. She previously worked in the Chattanooga office of Baker Donelson. “One of the primary reasons I joined Baker Donelson over 14 years ago was because of the firm’s demonstrated commitment to access to justice,” Fox said. “Given that commitment, it is not at all surprising that my Baker Donelson family ‘raised’ a lawyer who would one day take the helm of LAET."

Posted by: Amelia Ferrell Knisely on Nov 24, 2015

The Tennessee Supreme Court’s business litigation pilot project granted review to 28 cases in the program’s first six months. The business court, located in Davidson County, also achieved expedited results: six cases were resolved and the time to finalize them ranged from between 30 days to just 164 days. In Georgia, the average time of resolution is 608 days. “Although it’s still early in the process, these preliminary reports underscore that this specialized docket is meeting the litigation needs of the business and legal community and that our case management plan is working,” Chief Justice Sharon G. Lee said. "We appreciate Davidson County Chancery Court being willing to serve as the pilot for this innovation in our ongoing efforts to streamline the judiciary."

Posted by: Amelia Ferrell Knisely on Nov 24, 2015

The YLD Diversity Committee has extended the deadline for applying for the 2016 Diversity Leadership Institute (DLI) until Dec. 18 at 5 p.m. Central. The DLI is a six-month program offering opportunities for leadership training, networking and mentoring for 2L and 3L law students. The program will run from January to June 2016. Learn more about the program or download an application from the TBA website. The committee also is seeking attorneys to serve as mentors for the law student class members. Contact Diversity Committee Chair Amber Floyd at 901-537-1054 to volunteer.


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