TBA Law Blog


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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
News Type: Legal News

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
News Type: U.S. Supreme Court

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
News Type: Legal News

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
News Type: Legal News

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 15, 2014
News Type: BPR Actions

On Aug. 13, Sharon Elizabeth England was temporarily suspended from the practice of law for failing to respond to the Board of Professional Responsibility regarding a complaint of misconduct. View the BPR notice.

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

New Tennessee Supreme Court Justice Jeff Bivins threw his support behind Amendment 2 during remarks before the 74th annual Tennessee Farm Bureau Federation Presidents Conference yesterday in Franklin. The amendment to the Tennessee Constitution calls for the governor to appoint Tennessee appellate court judges, subject to legislative confirmation, and followed by retention elections. The question is one of four proposed amendments before voters statewide on the Nov. 4 general election ballot. “The primary reason for Amendment 2 is to bring stability, conclusion and finality to the process,” said Bivins. The Tennessean has more.

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

The FBI and Justice Department are conducting a full, independent civil rights investigation into the death of an unarmed black teenager shot by police in Missouri, Attorney General Eric Holder said yesterday. Protests have followed the incident, some of them violent and involving clashes between demonstrators and police in riot gear. Representatives from the Justice Department's Community Relations Service, which works to mediate race disputes, has been sent to Missouri. WRCB has the story.

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

The 4th U.S. Circuit Court of Appeals clarified yesterday that same-sex couples in Virginia may get married beginning next Thursday at 8 a.m. unless the U.S. Supreme Court intervenes and puts a hold on the ruling, TriCities reports. The court on Wednesday denied a motion by one of the defendants in a federal case seeking to overturn Virginia's same-sex marriage ban to stay its recent ruling that found the ban unconstitutional. Legal experts believe that the Supreme Court will grant an appeal by the defendant, Michele B. McQuigg, circuit court clerk in Prince William County, to stay the ruling until it resolves the issue of same-sex marriage for all states.


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