TBA Law Blog

TBA Law Blog

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Tennessee Supreme Court to Hear 2 New Cases

Posted by: Katharine Heriges on Sep 26, 2018
The Raybin Hotlist details two new cases that will be heard before the Tennessee Supreme Court. One concerns polygraph exam evidence: are statements made after a polygraph test admissible? The other covers judicial estoppel: is a former client judicially estopped from claiming her attorney gave her negligent representation after the client swore in the underlying legal proceeding that she was satisfied by the result of the case? Read more here.

Supreme Court Determines Search Warrant Signed By Judge For Property Outside of District Invalid

Posted by: Katharine Heriges on Sep 26, 2018

The Tennessee Supreme Court today held that a Circuit Court judge in Tennessee lacks jurisdiction to issue search warrants for property located outside the judge’s statutorily defined judicial district unless the judge has obtained expanded geographical jurisdiction by interchange, designation, appointment, or another lawful means. Justice Cornelia A. Clark authored the unanimous opinion in State of Tennessee v. Charlotte Lynn Frazier and Andrea Parks.

Supreme Court to Hear Cases at Chattanooga State

Posted by: Katharine Heriges on Sep 19, 2018
The Tennessee Supreme Court will hear oral arguments for two cases on Sept. 19, in front of hundreds of high school students when it brings court to Chattanooga State Community College as part of the court’s SCALES (Supreme Court Advancing Legal Education for Students) program. This program, over 20 years in operation, has allowed over 36,000 students across Tennessee to learn more about the state's legal system and the function of the appellate courts. Prior to the event, volunteer attorneys and judges will visit the students’ classrooms to discuss the actual cases the students will hear and help them understand more about the process.

Court to Hear Arguments on TBA's Proposed Collaborative Family Law Rule

Posted by: Katharine Heriges on Sep 11, 2018
After receiving public comments on a proposed new rule to address “Collaborative Family Law,” the Tennessee Supreme Court has determined that it would be helpful to hear oral argument regarding the proposed changes. A hearing has been set for Oct. 4 on the court’s afternoon docket. The TBA, as the originating  organization for the proposed rule, has been directed to provide a presenter to speak on the topic.

6 Cases Granted Review by Supreme Court

Posted by: Katharine Heriges on Sep 7, 2018
The Tennessee Supreme Court granted review in six cases during the month of August, including two civil cases: one asking if a cycler is at least 50 percent at fault for the accident that killed him, and another involving whether an architect agreement survived a subsequent purchase agreement. Criminal cases include warrantless searches of probationers, abatement of conviction by death, retroactive grading of theft offenses and indictment amendments. The Raybin Supreme Court Hot List reviews the cases and offers predictions.

Supreme Court Solicits More Comments on Rules 6, 7

Posted by: Katharine Heriges on Sep 7, 2018
The Tennessee Supreme Court is soliciting additional comments from judges, lawyers, bar associations and members of the public regarding proposed revisions to Tennessee Supreme Court Rule 6. The change would require “new attorneys to complete a Tennessee Law Course within one year of admission to the Tennessee bar.” On April 19, the Tennessee Supreme Court entered an order soliciting comments with regard to the proposed revision. The court received comments from the Tennessee Bar Association, the Knoxville Bar Association, University of Tennessee law professors, and several interested individuals. The overwhelming majority of responses favored the adoption of a Tennessee Law Course as a pre-admission requirement. Similarly, the Tennessee Board of Law Examiners submitted a proposal for adopting the Tennessee Law Course as a pre-admission requirement under Supreme Court Rule 7. The deadline for submitting written comments is Sept. 28. Comments should be e-mailed to appellatecourtclerk@tncourts.gov or mailed to: James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407. See the first and second attachments here.

Tennessee Supreme Court Rules DUI Fee is Constitutional

Posted by: Katharine Heriges on Aug 23, 2018
The Tennessee Supreme Court has determined that a statute allowing the Tennessee Bureau of Investigation to collect a $250 fee when an individual is convicted of certain drug and alcohol offenses does not deprive defendants of the right to a fair and impartial trial under both the Tennessee and U.S. constitutions. The ruling reverses a February decision from the Tennessee Court of Criminal Appeals. The opinion, written by Justice Cornelia Clark, was unanimous. Attorney General Herbert Slatery praised the ruling, saying it "removes any uncertainty over past DUI convictions."

Tennessee Supreme Court Affirms 60-Day Suspension for Brentwood Attorney

Posted by: Katharine Heriges on Aug 13, 2018
The Tennessee Supreme Court has affirmed the 2014 60-day suspension of Brentwood attorney Michael Gibbs Sheppard from the practice of law. Sheppard’s suspension was based on his failure, over a four-year period, to maintain and monitor client funds in his law firm’s trust account. On appeal, the Williamson Chancery Court modified the hearing panel’s decision by increasing the periods of suspension and probation and by imposing additional conditions of probation. The court reversed the Chancery Court’s judgment modifying the sanction and affirmed the original suspension of Sheppard from the practice of law, as well as the 2-year probation period and 15 hours of continuing legal education requirement recommended by the hearing panel.

TSC Rules on Admissibility of Evidence Obtained Pursuant to a Parole Search

Posted by: Katharine Heriges on Aug 7, 2018
The Tennessee Supreme Court has reversed part of a Court of Criminal Appeals’ decision suppressing evidence in a case involving individuals on supervised release and has affirmed the suppression of evidence against a third party who resided with them. Justice Roger Page wrote the majority opinion, with Justice Sharon Lee filing a separate opinion dissenting in part and concurring in the judgment of the court.

Access to Justice Commission Releases New Strategic Plan

Posted by: Liz Slagle Todaro on Aug 3, 2018

The Tennessee Supreme Court’s Access to Justice Commission has released its fifth strategic plan for improving access to justice in Tennessee. The plan identifies priorities for the next two years, including educating the public on existing resources, encouraging and creating new opportunities for increased pro bono and developing resources to support self-represented litigants. The new plan also includes objectives designed to connect with rural attorneys and local bar associations. The full strategic plan is available on the TN State Court website.  

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