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Posted by: Amelia Ferrell Knisely on May 25, 2016

“Tennessee pays its court-appointed attorneys so little that it threatens to undermine the right of their clients to a fair trial.” A Knoxville News Sentinel editorial argues why the state must increase compensation for court-appointed lawyers, calling the current rate – $40 per hour for work outside the courtroom – “ridiculously low.”   The comments come after the Indigent Representation Task Force held a public hearing in Knoxville last week as part of the group’s statewide listening tour. 

Posted by: Amelia Ferrell Knisely on May 25, 2016

The Tennessee Supreme Court today heard a case that debates whether service industry workers who believe their tips are being unfairly split can sue their employers, or if they must file complaints with state regulators. State law says that tips left at businesses like bars and restaurants should go to employees who serve patrons, according to The Tennessean. The case was brought by a former server and bartender at a PGA Tour country club in Memphis who filed a class-action suit in March that claimed the business and PGA affiliates were withholding tips she and others had earned. 

Posted by: Amelia Ferrell Knisely on May 24, 2016

This is the second appeal in this contract action, which stems from the failure of the defendant, H. Michael Chitwood, to pay for construction work performed by the plaintiff, Raines Brothers, Inc. (“Raines”). The work was performed on a home occupied by Mr. Chitwood but owned by a trustee, James Dreaden, who was also named as a defendant in the original action. Following a bench trial, the trial court awarded Raines a judgment against Mr. Chitwood and Mr. Dreaden (collectively, “Defendants”) in the amount of $66,762.71.

Posted by: Amelia Ferrell Knisely on May 24, 2016

This is an appeal from the trial court's denial of a petition for adoption and termination of parental rights filed by the minor child's maternal grandmother and step-grandfather. During the trial court proceedings, the minor child's natural father sought to have his paternity and parenting rights established. When the trial court denied the termination petition, it ordered the natural parents to attempt to agree upon a parenting plan. The trial court noted that it would enter a permanent parenting plan on its own if the parents could not reach an agreement.

Posted by: Amelia Ferrell Knisely on May 24, 2016

Both Mother and Father appeal the trial court's decision to terminate their parental rights to two children. The trial court found clear and convincing evidence supporting several grounds against each parent and also found that termination was in the children's best interest. With respect to the grounds for termination, we reverse in part, vacate in part, and affirm in part.

Posted by: Amelia Ferrell Knisely on May 24, 2016

This appeal stems from probate proceedings in the Putnam County Probate Court. During the course of the trial proceedings, an issue arose as to the ownership of a certificate of deposit titled in the decedent's name. Following an evidentiary hearing, the trial court entered an order concluding that the certificate of deposit was, in fact, the property of the decedent's estate. On appeal, the decedent?s surviving wife argues that because the funds within the certificate of deposit were derived from a joint marital account, they should have been impressed as entireties property.

Posted by: Amelia Ferrell Knisely on May 24, 2016

The defendant, Jose Reyes, was convicted of one count of rape of a child and sentenced to thirty-two years at 100%. On appeal, he argues that the evidence is insufficient to sustain the verdict and that the trial court erred in several of its rulings.

Posted by: Amelia Ferrell Knisely on May 24, 2016

A Pennsylvania judge today ruled that Bill Cosby will stand trial on sexual assault charges, CNN reports. The entertainer faces three counts of felony indecent assault from a 2004 case involving an employee at his alma mater, Temple University. If convicted, Cosby faces up to 30 years in prison.

Posted by: Amelia Ferrell Knisely on May 24, 2016

The Associated Press reports a “series of problems” are behind the reason Trousdale Turner Correctional Center has stopped taking inmates after four months of full operation. According to a memo obtained by the AP through an open records request, guards were not in control of the housing units and were putting inmates in solitary confinement for no documented reason. The Tennessee Department of Correction Assistant Commissioner said they are holding off on sending prisoners to the Hartsville facility due to recruiting and staffing issues.

Posted by: Amelia Ferrell Knisely on May 24, 2016

The New Jersey Supreme Court Committee on Lawyer Advertising has reminded state attorneys to check the credibility of awards like “Super Lawyers” and “Rising Stars” before referring to them in advertisements. The committee said lawyers may mention the awards in their advertising “only when the basis for comparison can be verified” and the group bestowing the accolade “has made adequate inquiry into the fitness of the individual lawyer.” Read more from the ABA Journal.


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