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Posted by: Brittany Sims on Aug 20, 2014

A day after the certification of the Monroe County election, incumbent Sheriff Bill Bivens has filed suit against the election commission to contest the results, Knoxnews reports. Republican Randy White won the Aug. 7 election against Democrat Bivens despite a ruling by the state Peace Officers Standards and Training Commission in July rescinding the certification for White to be on the ballot. The suit contends the election should be declared void and the outcome determined by an elected body such as the county commission or by holding another election. The suit asks that Bivens be allowed to hold office as sheriff until his successor, if any, is elected, appointed or qualified.

Posted by: Brittany Sims on Aug 20, 2014

Metro Council passed a new law adopting the so-called contextual overlay district, giving Nashville communities another tool to help regulate development. Supporters say it will combat new buildings that chafe against neighborhood fabric. The new law places restrictions on what builders can do in terms of height and width, taking into consideration the average shape of homes on either side of a proposed development. It’s not a blanket law; residents apply to be considered for the overlay. A vocal critic of the contextual overlay district said it will likely stagnate property values and create hurdles to home renovations. Nashville Public Radio has more.

Posted by: Brittany Sims on Aug 20, 2014

Capt. Jimmy Tennyson violated the Hatch Act during his unsuccessful campaign for Maury County Sheriff, according to a letter by the U.S. Office of Special Counsel in Washington, D.C. The letter, dated Aug. 14, states that under the Hatch Act, government and municipal employees are not allowed to wear their uniforms while campaigning for an elected office, including in photographs. Tennyson, whose campaign Facebook page displayed several photographs of him in uniform, will not receive any punishment or repercussions for his actions but he did receive a warning, the Columbia Daily Herald reports.

Posted by: Brittany Sims on Aug 20, 2014

A McMinn County judge yesterday sentenced retired U.S. Navy Lt. Cmdr. Walter Frances Fitzpatrick III to three years in prison. Fitzpatrick, who in 2010 tried to have the Monroe County grand jury foreman arrested, was indicted in March on charges of aggravated perjury, harassment, stalking and extortion and convicted by a jury in June on the perjury and extortion charges. The stalking charge was dismissed prior to trial and jurors found Fitzpatrick not guilty of harassment, according to court officials. The Chattanooga Times Free Press has more.

Posted by: Brittany Sims on Aug 20, 2014

The U.S. Supreme Court is delaying the start of same-sex marriage in Virginia, the Chattanooga Times Free Press reports from the Associated Press. The court today granted a request from a county clerk in northern Virginia to block same-sex marriages across the state while the issue is being appealed to the Supreme Court. The court provided no explanation for its order. Without court intervention, same-sex couples would have been allowed to wed as of Thursday.

Posted by: Brittany Sims on Aug 20, 2014

The Bradley County Commission appointed Dan Howell as the interim successor of Eric Watson for the District 22 seat of the state House of Representatives, effective Sept. 1. Watson will step down to serve as the new sheriff of Bradley County, also effective Sept. 1. Howell — who won the Republican nomination for the seat — will serve as interim until the general election in November. The Chattanoogan has more.

Posted by: Brittany Sims on Aug 20, 2014

Although Anderson County election commissioners certified the results of the Aug. 7 election yesterday afternoon, controversy remains, Knoxnews reports. Roger Miller, a Republican, defeated longtime Judge Ron Murch, a Democrat, for General Sessions judge for Division II. Catherine Denenberg, chair of the Anderson County Democratic Party, contends that Miller’s election should be voided because of his long history of debts, from federal and state tax liens to unpaid local property taxes to past-due child support. According to state law, any move to contest the election must be filed within five days after certification. Denenberg said she will meet today with others interested in the matter to decide their next moves.

Posted by: Brittany Sims on Aug 20, 2014

Gov. Bill Haslam has appointed Judge Timothy Easter of Brentwood to the Court of Criminal Appeals, Middle Section. Easter will replace Judge Jerry L. Smith, who is retiring. The Administrative Office of the Courts has the story.

Posted by: Brittany Sims on Aug 18, 2014

The Board of Professional Responsibility instituted a lawyer disciplinary proceeding against an attorney based on complaints it received from a judge and opposing counsel regarding the attorney’s disruptive behavior during trial proceedings. A hearing panel found that the attorney had violated several Rules of Professional Conduct and suspended him from the practice of law for sixty days.

Posted by: Brittany Sims on Aug 18, 2014

This appeal arises from a post-judgment discovery dispute. While the plaintiff’s prior appeal from the trial court’s judgment was pending in this court, the plaintiff made a discovery request in the trial court seeking to obtain alleged ex parte communications pertaining to the plaintiff’s attorney, the plaintiff, or the case. The trial court conducted a hearing and entered an order denying the discovery request; this appeal followed.


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