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Posted by: Brittany Sims on Feb 17, 2015

The Coffee County Drug Court is entering its 10th year of providing rehabilitation and a jail alternative for non-violent drug offenders, the Tullahoma News reports.  According to program administrator Mike Lewis, typical recidivism rates for jail inmates is around 80 percent, whereas recidivism for drug court clients is only 25 percent. Forty five participants are currently involved in the four-phase program, which is in demand and succeeding under the guidance of Judge Tim Brock. 

Posted by: Brittany Sims on Feb 17, 2015

Sen. Mark Green, a physician and vice-chairman of the Senate Commerce and Labor Committee, and Rep. Jeremy Durham, House Majority Whip, have introduced legislation to create the Tennessee Option, a free market alternative to state-mandated workers’ compensation insurance, The Chattanoogan reports. The proposal would create a way for employers to provide traditional workers’ compensation benefits — medical, wage replacement, etc. — under an injury benefit plan.

Posted by: Brittany Sims on Feb 17, 2015

Take up to 11 hours of dual (general and ethics) credit at this year’s Mid-Winter CLE Blast, Feb. 24 at the Tennessee Bar Center. This program will offer you the flexibility and convenience to get the CLE hours you need during times that work for you. For more information, or to register, visit TBA CLE.

Posted by: Brittany Sims on Feb 13, 2015

The Defendant, Everett Spencer Barnette, appeals as of right from the Sullivan County Criminal Court’s denial of his motion to withdraw his nolo contendere pleas. The Defendant contends (1) that he received ineffective assistance from his trial counsel; and (2) that his pleas were not knowingly, voluntarily, and understandingly entered. Following our review, we conclude that the Defendant’s pleas were not knowingly, voluntarily, and understandingly entered.

Posted by: Brittany Sims on Feb 13, 2015

This case involves the proper interpretation of a contract between a general contractor and a subcontractor. The trial court determined that the subcontractor was entitled to recover additional sums above the original contract price based on the doctrine of equitable estoppel. The general contractor timely appealed. Having determined that the scope of the parties’ contract covered the work in question and that the doctrine of equitable estoppel does not apply in this matter, we vacate the trial court’s judgment.

Posted by: Brittany Sims on Feb 13, 2015

The plaintiffs sued the defendant, their former attorney, to recover fees the plaintiffs had paid to the defendant, as well as punitive damages for alleged misrepresentations made by the defendant. The trial court granted a default judgment in favor of the plaintiffs. The defendant thereafter filed a motion seeking to set aside the default judgment, alleging that she was not properly served with process. Before the trial court entered a written order regarding the defendant’s motion to set aside the default judgment, the defendant filed a motion seeking recusal of the trial judge.

Posted by: Brittany Sims on Feb 13, 2015

The case against Miles J. Finley, a California man accused of deleting photo evidence of a rape involving four former Vanderbilt University football players, has been delayed because of an apparent misunderstanding, the Tennessean reports. Finley was charged with tampering with evidence after authorities said he deleted images of the rape that were sent to him on his cellphone. When Finley's case came up before Judge Monte Watkins yesterday, Finley was not there due to confusion among the attorneys. Since Finley must be present for the hearing, it was rescheduled until April.  Brandon Vandenburg sent the messages and was convicted in the rape last month along with Cory Batey.

Posted by: Brittany Sims on Feb 13, 2015

U.S. attorney general nominee Loretta Lynch’s Senate Judiciary Committee vote has been postponed two weeks, the National Law Journal reports. Chairman Chuck Grassley, R-Iowa, said yesterday that he was dissatisfied with Lynch’s written answers this week in response to committee members’ posthearing questions and planned to send follow up questions to get additional clarification. The chairman’s decision sent the committee into a round of bickering, with Democrats accusing Republicans of unnecessary delay and Republicans defending the wait as business as usual.

Posted by: Brittany Sims on Feb 13, 2015

The Tennessee Supreme Court today affirmed the conviction of an East Tennessee woman who had failed to obtain medical treatment for her adolescent daughter suffering from a tumor on her shoulder. Jacqueline Crank, a member of a small congregation of the Universal Life Church in Lenoir City, said she had prayed for her daughter in accordance with her religious beliefs instead of seeking medical care. The Department of Children’s Services intervened and Crank’s daughter was diagnosed with Ewing’s Sarcoma, a rare form of cancer. She died in September 2002 at the age of 15. On appeal, Crank claimed that the spiritual treatment law was too vague to give her fair warning that she could be prosecuted for her conduct. The court ruled that the law was not too vague.

Posted by: Brittany Sims on Feb 13, 2015

The Tennessee General Assembly has come out swinging at uninsured drivers after one of them killed an insured Memphis driver last summer, News 5 reports. Rep. William Lamberth, R-Cottontown, and Sen. Bill Ketron, R-Murfreesboro, introduced companion bills that would triple the misdemeanor fine ($100 to $300) on drivers who violate the state's financial responsibility law (proof of insurance). If passed, the legislation would also require those drivers to pay reinstatement fees on top of the fines once they secure insurance.


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