TBA Law Blog


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Posted by: Brittany Sims on Oct 16, 2014

House Majority Leader Gerald McCormick, R-Chattanooga, told TNReport this week he’s hoping Amendment 2 passes in order to put the controversy over the selection process to rest. If it doesn’t, he said, “I think we immediately need to make plans to just go ahead and do it like the Constitution says to do it, which is to have real elections.” Knoxblogs has more.

Posted by: Brittany Sims on Oct 16, 2014

Some voters are confused about how the race for Tennessee governor on the Nov. 4 ballot is connected to the votes regarding the four proposed amendment, Memphis Daily News reports. Social media followers on both sides of the judicial selection and abortion amendment issues are wrongly advising followers that if they don’t vote in the governor’s race their votes won’t be counted on the amendments. “That’s false,” said Shelby County Elections Administrator Richard Holden, explaining how the link between the amendments and the governor’s race is a part of the confusion. “In order for a constitutional amendment to pass, it has to get 50 percent plus one of the quantity of votes cast in the governor’s race.” 

Posted by: Brittany Sims on Oct 16, 2014

Strategists in both state political parties say Republicans are likely to retain their two-thirds supermajorities in the Tennessee legislature in the Nov. 4 general election, the Commercial Appeal reports. Republicans currently hold a 26-7 majority over Democrats in the Senate and 70-28 advantage in the House. (The one House independent, Rep. Kent Williams of Elizabethton, isn’t seeking re-election.) With such big numbers, the GOP could lose up to four seats in both chambers and still have the two-thirds votes in each to change legislative rules and propose state constitutional amendments — not to mention pass new laws, which require only simple majorities.

Posted by: Brittany Sims on Oct 16, 2014
News Type: Legal News

Criminal Court Judge Brody Kane yesterday dismissed a lawsuit to oust Sheriff Mark Gammon, ruling that the law prevents allegations of illegal acts during a second term from being the basis for ouster in a third term, the Mason County Times reports. Kane issued an order of dismissal with prejudice, meaning that the case cannot be tried again. Thirteen plaintiffs filed the suit requesting that Gammons be removed from office based on 20 allegations

Posted by: Brittany Sims on Oct 16, 2014
News Type: U.S. Supreme Court

The Supreme Court won't hear an appeal from the Electronic Frontier Foundation, a civil liberties group that wants to make public an internal Justice Department memo that allows the FBI to informally obtain phone records. The justices on Tuesday let stand an appeals court ruling that said the Justice Department could refuse to release the 2010 memo under an exception to the Freedom of Information Act. WKRN has more from the Associated Press.

Posted by: Brittany Sims on Oct 16, 2014
News Type: Legal News

The human rights non-profit National Advocates for Pregnant Women (NAPW) is ramping up its activity in Tennessee, the Tennessean reports. The group opposes a law passed in 2014 that allows prosecutors to criminalize women who use illegal narcotics when pregnant. The group also opposes Amendment 1, which is on the ballot this November. The amendment would give the General Assembly authority to pass additional restrictions and regulations on abortions. NAPW staff attorney Farah Diaz-Tellowho spoke on the issues at Vanderbilt Law School yesterday to a group of medical students, law students and interested faculty.

Posted by: Brittany Sims on Oct 16, 2014
News Type: Legal News

Special Judge Donald Ash has voided the August election of Monroe County Sheriff Randy White, Knoxnews reports. Former Sheriff Bill Bivens brought the suit against White after White lost his certification to be on the ballot following an investigation by the state Peace Officers Standards and Training Commission that found he did not have enough recent law enforcement experience. The order, filed this morning in Monroe County Chancery Court, calls for a new election or for a legislative body to choose who should be sheriff.

Posted by: Brittany Sims on Oct 15, 2014

Red “I Voted” stickers shaped like Tennessee will be handed out beginning with the start of early voting for the Nov. 4 election, Knoxnews reports. The stickers prominently display the words “"Secretary of State Tre Hargett," which some critics say is inappropriate. "Putting Secretary Hargett's name and the #GoVoteTN hashtag on the stickers provides accountability," State Election Coordinator Mark Goins said in an email Friday. "If people have questions or comments about how an election was conducted, they know who to contact."

Posted by: Brittany Sims on Oct 15, 2014

For the first time in eight years, there will be a new state senator for District 27 after the Nov. 4 election. Current Sen. Lowe Finney decided not to run for a third term in order to run against incumbent Jerry Gist for mayor of Jackson next May. The redrawn district now is comprised of Madison, Crockett, Dyer, Lake and Lauderdale counties. The Jackson Sun interviewed three of the four Senate candidates: Republican Ed Jackson, Democrat Randy Lamb and Constitution party member Tim York. Independent candidate James Baxter declined to be interviewed.

Posted by: Brittany Sims on Oct 15, 2014
News Type: Legal News

The Governor’s Commission for Judicial Appointments today recommended Patrick A. Flynn, William M. Harris and J. Russell Parkes to Gov. Bill Haslam as the top candidates to fill the Circuit Court vacancy in the 22nd Judicial District, serving Giles, Lawrence, Maury and Wayne counties. The vacancy was created by the appointment of Judge Robert Holloway Jr. to the Tennessee Court of Appeals. The Administrative Office of the Courts has more on each candidate.


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