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Posted by: Brittany Sims on Apr 23, 2014

The Tennessee Supreme Court in a unanimous opinion today clarified the standard of appellate review for a trial court’s decision regarding judicial diversion, the Administrative Office of the Court reports. When a case is appealed, the court must determine what standard of review applies. In the case State v. King, the defendant argued that the Court of Criminal Appeals used the wrong standard when reviewing the trial court’s decision to deny judicial diversion. The Tennessee Supreme Court upheld the ruling of the Court of Criminal Appeals, adopting as the appropriate standard of review for judicial diversion rulings “abuse of discretion with a presumption of reasonableness.”

Posted by: Brittany Sims on Apr 23, 2014

In a dissent this week to a U.S. Supreme Court opinion on affirmative action, Justice Sonia Sotomayor -- the first Hispanic justice on the court -- addressed race in American for the first time since going on the bench, Gavel Grab reports. While the six-member majority upheld a voter-approved Michigan ban on affirmative action in university admissions, Justice Sotomayor parted ways, writing: “The Constitution does not protect racial minorities from political defeat.” She added, “But neither does it give the majority free rein to erect selective barriers against racial minorities.” Attorney General Eric Holder today applauded Justice Sotomayor’s dissent and called it “courageous and very personal,” the Wall Street Journal Law Blog reports.

Posted by: Brittany Sims on Apr 23, 2014

Thousands of federal prison inmates could seek early release under details of a new, long-awaited clemency program today unveiled by the Obama administration, the Wall Street Journal Law Blog reports. The effort is part of a broader push by the administration and some in Congress to roll back sentencing practices that were largely developed in the 1980s as a reaction to the crack-cocaine epidemic and a rise in crime. House Judiciary Chairman and Virginia Republican Robert W. Goodlatte ripped the new sentencing plan, saying, “The Justice Department’s mission is to ‘enforce the law and defend the interests of the United States according to the law,’ not to re-write the laws and to endanger American communities.” Roll Call has more.

Posted by: Brittany Sims on Apr 23, 2014

Former President Bill Clinton will be in Nashville on Monday to serve as the keynote speaker as LEAD Academy celebrates its inaugural class of graduates. LEAD, the first and only charter high school in Nashville, has boasted 100 percent college acceptance this spring among its 44 seniors. Clinton was a key backer before LEAD opened its doors in 2007 and now will be here during a private "senior signing day" in which graduates will reveal their college plans. During the same stop in Nashville, Clinton will attend an evening fundraiser at the Forest Hills home of real estate developer Bill Freeman benefiting the nonprofit Clinton Foundation, the Tennessean reports.

Posted by: Brittany Sims on Apr 23, 2014

Nashville was one of 15 cities that received a request for proposal from the Democratic Party to officially bid on hosting its 2016 convention. Butch Spyridon, president of the Nashville Convention and Visitors Corp., said the city could probably meet the room and suite requirements to host, but estimates its price tag to be anywhere from $75 million to $100 million. Complicating the matter is that no exact dates have been set for the convention. The Nashville Business Journal has more.

Posted by: Brittany Sims on Apr 23, 2014

Shelby County Commissioner Henri Brooks accused Juvenile Court Judge Curtis Person of violating her First Amendment rights and failing to promote confidence in the integrity of the court in a complaint filed with the Board of Judicial Conduct. Based on documents she provided to the media yesterday, Brooks said she has repeatedly asked that she and other “community monitors” be allowed to attend juvenile court proceedings but has been denied by Person because of her history of using her public office to attack him and the court, the Commercial Appeal reports.

Posted by: Brittany Sims on Apr 23, 2014

Incumbent Washington County Circuit Court Clerk Karen Guinn will face Suzan Sell Mitchell in the Republican primary on May 6. To learn more about the two candidates, visit the Johnson City Press.

Posted by: Brittany Sims on Apr 23, 2014

The Tennessee Special Supreme Court has issued an order denying John Jay Hooker’s petition to rehear the case in which he challenged the constitutionality of the state’s judicial selection process. Hooker filed the petition with the Court March 27, seeking a rehearing on the issue of the constitutionality of the Judicial Nominating Commission (JNC) under the Tennessee Plan, on the issue of the constitutionality of statewide voting for the judges of the intermediate appellate courts, and on the issue of the competence of the Court of Appeals to have ruled in this case. The Administrative Office of the Courts has more.

Posted by: Brittany Sims on Apr 23, 2014

Two candidates seeking Shelby County residents’ vote for the office of the district attorney spoke to high school students about their passion for the law, WMCTV News 5 reports. Shelby County DA Amy Weirich and Judge Joe Brown were featured speakers at a special seminar at Southwest Tennessee Community College for high school students interested in careers in the justice system.

Posted by: Brittany Sims on Apr 18, 2014

U.S Sen. Lamar Alexander discussed the unprecedented ouster of corrupt governor Ray Blanton dring the Windham Lecture Series last night at Middle Tennessee State University. The in-depth panel discussion included Alexander, The Tennessean editor emeritus John Siegenthaler, former U.S. Attorney General Hal Hardin and author Keel Hunt. Alexander said he has hope today’s politicians could overcome partisan divides to do what is best for the state if the need arose again, the Daily News Journal reports. Siegenthaler, Hardin and Hunt will also be speaking on the topic during the Bench/Bar program at this summer's TBA Annual Convention in Gatlinburg.


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