TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 2, 2020
News Type: Legal News

After a two-day delay in releasing grand jury proceedings in the case of Breonna Taylor, who was shot and killed by Louisville police in her own home in March, Kentucky Attorney General Daniel Cameron made them available today, The Hill reports. Commenting on the audio recordings, Cameron said, “I’m confident that once the public listens to the recordings, they will see that our team presented a thorough case to the Jefferson County Grand Jury. Our presentation followed the facts and the evidence, and the Grand Jury was given a complete picture of the events surrounding Ms. Taylor’s death on March 13th. While it is unusual for a court to require the release of the recordings from Grand Jury proceedings, we complied with the order, rather than challenging it, so that the full truth can be heard.” Nearly 20 hours of audio have been released. A written transcript is not yet available. Last week, Cameron announced that the grand jury decided to only indict one of the three officers involved with the incident and that one officer would be charged for wanton endangerment and not for the shooting of Taylor.

Posted by: Stacey Shrader Joslin on Oct 2, 2020
News Type: Legal News

Several East Tennessee law enforcement agencies are uniting “to go purple” in honor of Domestic Violence Awareness Month, WATE reports. The group includes the Knoxville Family Justice Center, Knox County District Attorney’s Office, Knoxville Police Department, Knox County Sheriff’s Office, Tennessee Highway Patrol, Tennessee Bureau of Investigation and the University of Tennessee Police Department. Local elected officials also spoke this week about the important role law enforcement plays in protecting survivors and ending family violence.

Posted by: Stacey Shrader Joslin on Oct 2, 2020
News Type: Legal News

Anthem will pay $39.5 million in a settlement related to a cyberattack in 2015, Med City News reports. Tennessee will receive $400,556 from the settlement according to the Tennessee attorney general's office. The action stems from a cyberattack that resulted in the personal health information of nearly 79 million people being compromised, including names, addresses, social security numbers and medical identification numbers. According to an investigation by the Department of Health and Human Services’ Office of Civil Rights, hackers gained access to Anthem’s system through targeted phishing emails sent to one of its subsidiaries. Last year, the Department of Justice indicted two people in connection with the hack. The settlement follows a previous settlement in 2018 when Anthem paid $16 million to settle with the government and $115 million to settle a class action suit.

Posted by: Kate Prince on Oct 1, 2020

Davidson County Juvenile Court Judge Sheila Calloway has tested positive for the COVID-19 virus, days after juvenile courts were closed except for emergency hearings, News Channel 5 reports. Calloway announced on Monday that the state Supreme Court granted the juvenile court permission to only hold emergency court hearings after three court employees tested positive for COVID-19. Deputy Court Administrator Tommy Bradley says Calloway won't return until she is medically cleared.

Posted by: Kate Prince on Oct 1, 2020
News Type: Legal News

The Hamilton County Criminal Court Clerk’s Office announced that starting today, minutes from daily court proceedings in three criminal divisions will be moved to an electronic format, the Chattanoogan reports. Traditionally, the minutes have been printed out and kept in large leather binders in a file room in the clerk’s office. Hamilton County Criminal Court Clerk Vince Dean said the move was "one more step toward a paper on demand criminal court system. The three criminal court judges have been very supportive in our efforts and are consistent in their desire to help us achieve that goal." In addition to cost savings, Dean noted that “having the minutes readily available will also greatly enhance the efficiency in fulfilling requests for records."

Posted by: Kate Prince on Oct 1, 2020
News Type: Legal News

Twelfth Judicial District Circuit Court Judge Justin Angel has been appointed to preside over a case involving 10th Judicial District Attorney General Steven Crump, the Chattanooga Times Free Press reports. Crump is accused of being blackmailed into securing a conviction in a 2018 second-degree murder case—allegations that he denies. Last month, Bradley County Criminal Court Judge Andrew Mark Freiberg recused himself from any future proceedings in the case, writing that his exposure to sources and allegations about the case prevents “the continued ability to be a fair and impartial jurist.” Angel was later appointed by Judge J. Michael Sharp, the 10th Judicial District's current presiding judge. The next hearing in the case is scheduled for Oct. 9.

Posted by: Kate Prince on Oct 1, 2020
News Type: Legal News

The Clerk’s Office for the U.S. District Court for the Middle District of Tennessee today issued a warning to the public of a malicious scam by unidentified individuals using a technique referred to as phone “spoofing.” Calls have been made to targeted individuals from the phone number 615-736-5498, which is the general number for the clerk’s office in Nashville. However, the calls are not actually coming from the clerk’s office. The perpetrator making these calls informs their target that a family member has been arrested and can be released from custody upon receipt of a bond payment. The clerk’s office emphasized that, in no event should money be wired or paid to anyone on the basis of these calls. The matter has been referred to the proper authorities for further investigation.

Posted by: Kate Prince on Oct 1, 2020
News Type: Legal News, Your Career

The Trial Court Vacancy Commission is now accepting applications for a circuit court judge in the 16th Judicial District, covering Rutherford and Cannon counties. The vacancy will be created by the retirement of Judge David M. Bragg, effective Jan. 1, 2021. Qualified applicants must be residents of the 16th Judicial District who have lived in the state for at least five years, are licensed attorneys and are at least 30 years of age. To apply, submit the Trial Court Vacancy Commission Application to the Administrative Office of the Courts by noon CDT on Oct. 15. A virtual hearing will be held on this matter on Nov. 12 at 9 a.m. CST and will be livestreamed on the AOC’s YouTube page. Complete application instructions and information on who to contact if you’d like to express an objection to the commission are available on the AOC’s website.

Posted by: Kate Prince on Oct 1, 2020
News Type: Legal News

Belmont University College of Law Professor Lucian E. Dervan has been elected to a three-year-term on the American Bar Association Board of Governors, the law school’s website reports. The board is made up of 43 members and oversees general operation of the ABA and develops specific action plans. Dervan also will become a voting member of the ABA House of Delegates, the policy-making body of the association. He has been active with the ABA for several years, most recently having been appointed to serve as chair of the ABA Commission on the American Jury from 2019 to 2020. Dervan is a professor of law and the director of criminal justice studies at the law school where his research and teaching focuses on domestic and criminal law.

Posted by: Kate Prince on Oct 1, 2020

State officials say that 50-year-old death row inmate Marlon Kiser died on Wednesday of “apparent natural causes,” the Associated Press reports. Kiser was being held at Riverbend Maximum Security Institution in Nashville where there have been 74 confirmed cases of the COVID-19 virus. Cause of death is pending determination by the medical examiner, but officials said there had been no COVID-19 cases in Kiser’s assigned housing unit. Kiser was sentenced to death in the 2001 deadly shooting of Hamilton County Sheriff’s Deputy Donald Kenneth Bond Jr. in Chattanooga.


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