TBA Law Blog

TBA Law Blog

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Tennessee Supreme Court Reinstates Jury Trial's Aggravated Stalking Conviction

Posted by: Katharine Heriges on Jun 16, 2017
The Tennessee Supreme Court has reinstated an aggravated stalking conviction of a defendant for knowingly violating an order of protection. The court reversed a Court of Criminal Appeals decision that there was insufficient evidence for the jury to have convicted the defendant on the aggravated stalking charge. In the unanimous opinion written by Chief Justice Jeff Bivins, the court determined that the Court of Criminal Appeals improperly reweighed the evidence presented at trial, rather than assessing the sufficiency of that evidence. 

TSC, Fort Campbell Celebrate Military Spouse Rule

Posted by: Katharine Heriges on Jun 6, 2017

The Tennessee Supreme Court and 53 members of the 101st Airborne Division and 5th Special Forces Group, stationed at Fort Campbell, Kentucky, recently celebrated the Supreme Court’s Revised Military Spouse Rule (Rule 7), which permits attorney spouses of those in the military to obtain temporary law licenses to practice in Tennessee while their active-duty spouse is stationed in Tennessee at a military installation. All five justices participated in the ceremony to recognize four recently admitted attorneys to the Tennessee Bar through the revised rule.

TSC: Defendant Has No Appeal From Denial of Motion for Return of Property

Posted by: Katharine Heriges on Jun 2, 2017
The Tennessee Supreme Court has unanimously ruled that a defendant in a criminal case has no right to appeal a decision denying his request for the return of property that was seized during a criminal investigation when the defendant failed to file a pretrial motion to suppress the evidence. Ray Rowland of Memphis had property, including firearms, seized from him and he later pleaded guilty to aggravated assault by use or display of a deadly weapon. Rowland filed a motion for return of the firearms three years later. That motion was denied, but was granted on appeal. The Supreme Court reversed the Court of Criminal Appeals and dismissed the appeal.

TSC Soliciting Comments on Rule Governing Education Requirements for Foreign Students

Posted by: Katharine Heriges on May 31, 2017
The Tennessee Supreme Court is seeking comments on a petition seeking to amend Tennessee Supreme Court Rule 7, section 7.01, which governs educational requirements for admission of foreign-educated applicants to the practice of law in Tennessee. The petition -- filed earlier this year by the University of Tennessee and Vanderbilt University -- can be viewed here. Comments may be submitted to James M. Hivner at the Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Ave N, Nashville, Tenn., 37219-1407 or via email at appellatecourtclerk@tncourts.gov.

Supreme Court Amends Rule 7

Posted by: Katharine Heriges on May 31, 2017
The Tennessee Supreme Court had amended Rule 7, sections 5.01(i) and 10.01(j), regarding the minimum requirements for admission of persons admitted in other jurisdictions and the registration of in-house counsel. The full amended text can be viewed here.

Court Orders Minor Modifications to Certain Divorce Forms

Posted by: Katharine Heriges on May 25, 2017
The Tennessee Supreme Court has approved minor modifications to the plain language forms for uncontested divorces with no minor children, as recommended by the Access to Justice Commission. These changes were necessary to ensure that the plain language forms adopted in 2011 for uncontested divorces with no minor children are consistent with the same forms that were adopted in 2016 for uncontested divorces with minor children, according to the court documents. The order as well as the changes can be found here.

Tennessee Supreme Court Upholds Attorney’s 5-Year Suspension

Posted by: Katharine Heriges on May 24, 2017
An attorney’s five-year suspension over a fee dispute with a client was upheld by the Tennessee Supreme Court today, with the Court concluding that the sanctions weren’t arbitrary or an abuse of discretion. The disciplinary matter occurred after attorney Peter M. Napolitano lied under oath during a fee dispute with a client. He also failed to maintain disputed funds in his trust account.

TSC: Prevailing Party Entitled to Contractually Agreed-Upon Attorney’s Fees

Posted by: Katharine Heriges on May 23, 2017
The Tennessee Supreme Court has reversed a decision of the Court of Appeals, which declined to award attorney’s fees on appeal in a post-divorce proceeding. In a divorce case, the husband and wife agreed to a provision that would award attorney’s fees to the prevailing party in any subsequent legal proceedings. A trial court awarded the wife, as the prevailing party, the attorney’s fees she requested, but the Court of Appeals declined to award fees for the appeal. In a unanimous opinion, the Supreme Court found that the Court of Appeals must apply standard rules regarding contractual interpretation and enforcement.

Tennessee Joins Regional Strategy to Fight Opioid Crisis

Posted by: Katharine Heriges on May 18, 2017

Tennessee joined five other states to in support of the Regional Opioid Initiative (RJOI), which has developed an action plan with strategies to combat the growing opioid epidemic. The initiative is the result of a Regional Judicial Opioid Summit held in August of 2016, which brought together multi-disciplinary representatives from across Illinois, Indiana, Kentucky, Michigan, Ohio and Tennessee. RJOI stakeholders are comprised of chief justices, judges, legislators, behavioral health treatment providers, medical experts, prescription drug monitoring program (PDMP) managers, regulatory agencies, child welfare representatives and others.

Justices Appear on Panel at SETLAW Event

Posted by: Katharine Heriges on May 11, 2017

Tennessee Supreme Court Justice Cornelia Clark, Sharon G. Lee and Holly Kirby served on a panel as part of the Southeast Tennessee Lawyers' Association for Women's (SETLAW) Ladies of Justice "Lunch and Learn" event at the Hamilton County Criminal Courthouse in Chattanooga. The panel was moderated by SETLAW President Sara McManus of Baker Donelson. The justices spoke about how they decided to become lawyers, who their mentors were, the career challenges they have faced and their advice for other women. 

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