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Posted by: Brittany Sims on Dec 23, 2013

The issue presented in this case is one of first impression: whether cabinet-level state executive officials are absolutely immune from defamation claims arising out of statements made while performing their official duties. An employee of the Tennessee Department of Correction (“TDOC”) was disciplined for double-billing claims for his job-related travel expenses to both the state and a private organization.

Posted by: Brittany Sims on Dec 23, 2013

In this post-conviction proceeding the petitioner alleged ineffective assistance of counsel based upon trial counsel’s failure to advise him of the immigration consequences of his plea as required by Padilla v. Kentucky, 559 U.S. 356 (2010). The petitioner also alleged that his plea was involuntary and unknowing because the trial court failed to comply with Tennessee Rule of Criminal Procedure 11(b)(1)(J). The post-conviction trial court denied post- conviction relief, and the Court of Criminal Appeals affirmed.

Posted by: Brittany Sims on Dec 23, 2013

The petitioner, Anthony Dean, appeals the summary dismissal of his petition for writ of error coram nobis. After review, we affirm the judgment of the trial court dismissing the petition.

Posted by: Brittany Sims on Dec 23, 2013

The Petitioner, Robert Charles Taylor, appeals the Bradley County Criminal Court’s denial of his petition for post-conviction relief from his 2006 conviction for attempt to commit rape of a child. The Petitioner was originally sentenced to thirty years’ confinement, but the court granted post-conviction relief and reduced his sentence to twelve years. The Petitioner contends that he was prejudiced by (1) counsel’s failure to ensure his presence during jury selection, (2) counsel’s failure to request a hearing pursuant to Momon v. State, 18 S.W.3d 152 (Tenn. 1999), and (3) the trial judge’s entry into the jury room during deliberations. We reverse the judgement of the trial court and vacate the conviction because the Petitioner was denied his right to be present for the jury selection process. 

Posted by: Brittany Sims on Dec 20, 2013

One year after various media coalitions sued the Tennessee Department of Children’s Services for access to child death records, WREG news Channel 3 reviews the changes and progress DCS has made. In the past year, DCS has made major staff and policy changes and revised its child death review process. Agency leaders say the abuse hotline is dropping fewer calls, case workers are training with the TBI and more data will be added online, like a child’s age, gender and history with the department before the full case file is posted. “We’re trying every way we can to be more open, we think that, that makes us better, we invite the oversight,” says Commissioner Jim Henry.

Posted by: Brittany Sims on Dec 20, 2013

U.S. Supreme Court Justice Ruth Bader Ginsberg said Tuesday that Supreme Court justices should work as long as they can and shouldn't manipulate their retirement so a like-minded president can appoint their successor, the Associated Press reports on WRCB Channel 2. Some liberals have recently called on the 80-year-old Ginsburg to retire so President Barack Obama can choose her replacement. If she stays beyond his term, it would leave open the possibility that a Republican would name the liberal justice's successor.

Posted by: Brittany Sims on Dec 20, 2013

The Memphis Police Department released an official policy instructing officers not to interfere with civilians who film them in public, the Commercial Appeal reports. The policy comes after two incidents in October in which several people accused Memphis Police officers of violating their First Amendment rights by ordering them to stop filming, confiscating their cellphones and arresting them for disorderly conduct. The policy, signed by Police Director Toney Armstrong, states that civilians have the right to video record, photograph, and audio record MPD members while they are performing their duties in public spaces “unless such recordings interfere with police activity.”

Posted by: Brittany Sims on Dec 20, 2013

Gallatin City Recorder and Judge Connie Kittrell was publicly reprimanded by the Board of Judicial Conduct for violating state judicial conduct rules when she had a city employee dismiss her daughter’s traffic citation in 2012. According to the board’s website, a public reprimand “details the findings of judicial misconduct and lists reasons why such conduct is improper and a discredit to the judiciary.” It is the least public discipline that the state board can impose by law, the Tennessean reports.

Posted by: Brittany Sims on Dec 20, 2013

Memphis Mayor AC Wharton and Shelby County Mayor Mark Lutrell today presented Shelby County legislators with a joint list of requests, plus separate city and county requests, for the upcoming legislative action. The mayors asked for new authority from the state to attack blight in Memphis and Shelby County and for an increase in money for health, education, anti-crime and job-training programs. The Commercial Appeal has more.

Posted by: Brittany Sims on Dec 20, 2013

Ron Parson, an administrator in the sheriff's office, has decided to run in the Republican primary for Circuit Court clerk against County Commissioner Larry Henry. For more on Hamilton County election news, visit the Chattanoogan.


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