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.

The Shelby County Criminal Court plans to start holding jury trials again beginning Oct. 1, the Commercial Appeal reports. The court had suspended jury trials in March due to the COVID-19 pandemic. It is now preparing to allow a limited number of trials using social distancing and masks. "We're prioritizing those who have been in custody the longest and the most severe offenses," said Criminal Court Judge John W. Campbell, who signed the order allowing cases to restart. According to the order, individual judges have the discretion to choose which cases to move forward based on case characteristics and public health guidelines. Meanwhile, the U.S. Court for the Western District of Tennessee restarted trials at its Jackson location last week and plans to restart trials at its Memphis location in October. That court is also using face shields and plexiglass barriers for additional protection, the court clerk reports.

One of the many issues that Gov. Bill Lee has addressed in his executive orders during COVID-19 is temporarily suspending all statutes requiring a physical presence for a notary public and witness(es), and instead allowing real-time audio and visual communication in its place. Gov. Lee  extended this provision until Sept. 30 in Executive Order 61. The order also includes language encouraging users of these tools to make preparations to implement best practices for a safe return to in-person transactions beginning Oct. 1. The TBA would like to hear from Tennessee lawyers about this important issue so we can provide feedback to the governor, the Tennessee Supreme Court and the Tennessee Administrative Office of the Courts. Lawyers who have thoughts about the use of remote technology or the plan to return to in-person transactions are asked to fill out our short survey by the end of the day Friday.

The U.S. Supreme Court has announced that oral arguments in October will be conducted by telephone, the National Law Journal reports. The court used the same practice successfully in May with just a few “missteps.” Ten cases are set for the October session, including a major intellectual property case, a forum dispute brought by Ford Motor Co., a dispute over the appointment of state judges in Delaware, and the case of Google v. Oracle America. The court said it would “continue to closely monitor public health guidance in determining plans for the November and December argument sessions.”

Shelby County Sheriff Floyd Bonner says he and others who run the Shelby County Jail are doing what they can to deal with the COVID-19 virus, the Daily Memphian reports. “We’re separating them. We are isolating them,” he said about prisoners at the facility. His comments come two days after a federal lawsuit over pandemic measures at the jail was amended to call for the release of prisoners at a high risk for contracting the virus. The new filing came from attorneys with the American Civil Liberties Union and Just City. They allege “horrid conditions” at the jail despite the presence of a federal monitor.

One of the many issues that Gov. Bill Lee has addressed in his executive orders during COVID-19 is temporarily suspending all statutes requiring a physical presence requirement for a notary public and witness(es), and instead allowing real-time audio and visual communication in its place. Gov. Lee  extended this provision until Sept. 30 in Executive Order 61. The order also includes language encouraging users of these tools to make preparations to implement best practices for a safe return to in-person transactions beginning Oct. 1. The TBA would like to hear from Tennessee lawyers about this important issue so we can provide feedback to the governor, the Tennessee Supreme Court and the Tennessee Administrative Office of the Courts. Lawyers who have thoughts about the use of remote technology or the plan to return to in-person transactions are asked to fill out our short survey by Sept. 25.

Seven Memphis landlords have filed a lawsuit against federal officials claiming President Trump’s Sept. 1 order halting residential evictions infringes on their rights as property owners, the Daily Memphian reports. The group -- represented by Glankler Brown attorneys S. Joshua Kahane and Aubrey B. Greer --argues that the order essentially takes away from rental property owners and managers “the free and unrestricted use and enjoyment of their property without just compensation and without due process of law.” The suit asks the court to rule that the order violates the constitution and to prohibit the government from pursuing criminal or civil penalties against landlords who do not abide by it.

The American Civil Liberties Union of Tennessee, Just City and several attorneys today filed an amended complaint in federal court, building on a class action suit that calls for the release of “medically vulnerable” detainees from the Shelby County jail, the Commercial Appeal reports. The initial suit requested the release of around 300 detainees who are over 65 or have certain chronic conditions. The complaint alleges Shelby County has “utterly failed” to comply with Federal Judge Sheryl Lipman’s August order to remedy jail conditions that are rife with the risk of infection. The amended complaint states that "wholly ineffective" quarantine practices, non-testing of new arrestees and the failure to "seriously pursue" social distancing in sleeping quarters and during meals, pill calls, and while detainees use the phone has perpetuated risk of COVID-19 exposure. As of Sept. 11, nearly 240 detainees have contracted the virus at the jail. 

A TBA petition to amend Rule 13 and permit interim billing by appointed counsel for indigent parties in non-capital cases was denied today by a Tennessee Supreme Court order. The court said that although it is aware of and appreciates the financial burdens placed on appointed counsel, especially during the current state of emergency, it must deny the petition because, “The requested amendments to Rule 13 would require significant and costly additions in personnel and technology by the Administrative Office of the Courts at a time when the number of claims continues to grow and when, as the TBA notes, additional funding for indigent defense has not been available.” The court committed to “continue to monitor and seek out ways in which to improve and expand in the indigent defense area.”

The U.S. Justice Department has charged 57 people with trying to steal more than $175 million in Paycheck Protection Program (PPP) funds, which were designed to help small businesses during the COVID-19 pandemic. In a press conference yesterday, federal officials said some of those charged lied about their business needs to access money that they then spent on “luxury cars, homes, renovations, diamond jewelry, even adult entertainment and trips to Las Vegas.” Also among those charged were “coordinated criminal rings” that took part in “systematic, organized conduct to loot the PPP.” The attempts to steal more than $175 million resulted in actual losses of $70 million. The government has so far been able to recover more than $30 million, Yahoo Finance reports.