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TSC Holds Evidence Not Enough to Convict for Attempt to Sexually Exploit a Minor

Posted by: Katharine Heriges on Jan 8, 2019
In a divided opinion, the Tennessee Supreme Court has reversed and dismissed the conviction of a Davidson County man for attempted especially aggravated sexual exploitation of a minor — “attempted child sexual exploitation” — in a case in which he secretly videotaped a 13-year-old female relative while she was in her bedroom. Based on the language of Tennessee’s child sexual exploitation statutes, which were adopted to address the production of child pornography, the majority of the Court found that there was not enough evidence at trial to affirm the conviction. Justice Holly Kirby authored the majority opinion, and the dissent was authored by Justice Roger Page.

Supreme Court Calls for Comment on New System for Judicial Discipline

Posted by: Katharine Heriges on Dec 20, 2018
The Tennessee Supreme Court is requesting comment on a proposed new system and procedure for disciplinary enforcement with respect to judges, as the Board of Judicial Conduct will cease to exist on June 30, 2019. A draft of a new Supreme Court Rule 10C is available for review here. The deadline for submitting written comments is March 29. Comments may be sent to appellatecourtclerk@tncourts.gov or mailed to James M. Hivner, Clerk, Re: Supreme Court Rule 10C, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, Tennessee 37219-1407.

Tennessee Supreme Court Clarifies Law Regarding Releases From Liability

Posted by: Katharine Heriges on Dec 20, 2018

The Tennessee Supreme Court has revised the factors for courts to consider when deciding the enforceability of a release of liability signed by someone before participating in an activity or obtaining a service. In a case brought by Frederick Copeland against medical transport company MedicOne Medical Response Delta Region Inc., in which Copeland, after signing an agreement releasing MedicOne from liability, was injured while getting into one of the company's vans. Copeland sued, but a lower court and an appeals court both found the released enforceable. However, the Tennessee Supreme Court found that the release was not enforceable because Copeland did not have equal bargaining power with MedicOne when he signed the release, the language of the release was unclear and overly broad, and the release involved an activity with important public interest implications. Read Justice Sharon Lee's unanimous opinion.

Court Solicits Comments on Recommended Amendments to Rules of Juvenile Procedure

Posted by: Katharine Heriges on Dec 11, 2018
The Advisory Commission on the Rules of Practice and Procedure has considered its annual amendments to the Rules of Juvenile Procedure and has sent its recommendations to the Tennessee Supreme Court, which is now soliciting written comments on them. The deadline for submitting written comments is Jan. 7. They can be sent by email or mail addressed to James Hivner, Clerk, Re: 2019 Rules Package-Juvenile Procedure, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407. Read proposed amendments to Rule 109, Orders for the Attachment of Children, Rule 201, Preliminary Inquiry and Informal Adjustment, Rule 202, Pretrial Diversion, and Rule 212 Probation or Home Placement Supervision Violation here.

Supreme Court Affirms Revocation of Judicial Diversion for Sex Offender Noncompliant with Treatment

Posted by: Katharine Heriges on Dec 11, 2018
The Tennessee Supreme Court has affirmed a trial court’s revocation of judicial diversion for Westley A. Albright, who entered a no contest guilty plea to one count of solicitation of a minor, for which he was placed on judicial diversion and received a one-year probationary term.  As a condition of his probation, Albright was required to register as a sex offender and undergo sex offender treatment. The trial court revoked Albright’s judicial diversion after he was discharged from his sex offender treatment program for noncompliance. Chief Justice Jeff Bivins authored the court's opinion, with Justice Sharon Lee authoring a dissenting opinion that found the revocation of Albright's diversion violated his due process rights.

Court Clarifies Standards for Trial Courts in Motions to Reduce Sentences Imposed on Guilty Please

Posted by: Barry Kolar on Dec 10, 2018

The Tennessee Supreme Court today held that a defendant who pleads guilty is not required to present proof of post-sentencing changed circumstances to prevail on a motion for reduction of sentence under Rule 35 of the Tennessee Rules of Criminal Procedure, if the guilty plea did not include an agreement as to a specific sentence. The opinion came in a case that began in 2015, when the defendant, Jonathan David Patterson, broke into several cars and a building in Putnam County, stealing two vehicles and also stealing property from the vehicles and the building.

Court Soliciting Comments on Proposed Changes to Rule 43

Posted by: Katharine Heriges on Dec 6, 2018
The Tennessee Supreme Court is soliciting comments from the legal community and the public on proposed changes to Rule 43, which covers the interest on lawyers' trust accounts. Written comments may be sent to appellatecourtclerk@tncourts.gov or mailed to James M. Hivner, Clerk, Re: Tenn. Sup. Ct. R. 43, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, Tennessee, 37219-1407. The deadline for comment is Feb. 4.

Proposed Rule Changes Would Require Lawyers to Register, Pay Fees Online

Posted by: Katharine Heriges on Dec 6, 2018
Attorneys would be required to file their annual registration and pay their annual fees electronically under proposed changes to Rule 9, Section 10 presented for comment today by the Tennessee Supreme Court. Written comments from the legal community and the public may be emailed to appellatecourtclerk@tncourts.gov or mailed to James M. Hivner, Clerk, Re: Tenn. Sup. Ct. R. 9, section 10, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, Tennessee, 37219-1407. The deadline for comment is Feb. 4.

TSC Denies Disability Status to Attorney Facing Disciplinary Complaints

Posted by: Katharine Heriges on Dec 4, 2018
TheTennessee Supreme Court has upheld the decision of the Knox County Chancery Court that attorney Thomas F. Mabry has not proven that he lacked the capacity, by reason of mental illness, to respond to or defend against a disciplinary complaint filed against him. In 2015, Mabry filed a notice with the Tennessee Supreme Court that he was suffering from a mental illness that prevented him from defending himself against a disciplinary complaint. The court referred his case to a hearing panel, at which Mabry testified about his mental illness, and he presented a letter from a clinical social worker confirming his mental illness. The hearing panel determined that he had not shown that the illness prevented him from defending against the disciplinary complaint, and the Chancery Court agreed.

Tennessee Supreme Court Adopts Changes to Rule 22

Posted by: Katharine Heriges on Nov 28, 2018
The Tennessee Supreme Court today approved amendments to Rule 22, which cover the appointment of magistrates in child support cases. The court filed an order soliciting public comments on the proposed amendments on Oct. 18. It received no written comments.

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