TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 7, 2021
News Type: Legal News

Five months after the Jan. 6 attack on the U.S. Capitol, FBI investigations continue to prompt new arrests, The Tennessean reports. Three more Tennesseans recently were arrested and charged. They are Matthew Baggott of Murfreesboro, Nicholas James Brockhoff of Covington and Stewart Parks. Nationwide, more than 450 people have been charged with crimes committed that day. In related news, Eric Munchel of Nashville (the "zip-tie guy") and his mother have been charged with eight superseding indictments, including four new charges, adding conspiracy and aiding and abetting enhancements to the charges as well as violent entry related to possession of a deadly weapon. Previously, the pair faced four counts related to tampering with a witness and unlawfully entering the capitol building.

Posted by: Stacey Shrader Joslin on Jun 7, 2021
News Type: Legal News

A new report from The Sycamore Institute shows that the state of Tennessee collects nearly $38 million annually in fines and fees through the criminal justice system, Tennessee Star reports. The study found 360 fees and fines authorized in law. A spokesman for the institute says the state’s fee structure has “grown into this almost maze of financial obligations that are in addition to any criminal sentence or parole or probation.” In addition, the report found that county governments differ widely in the fines and fees they impose, and revenue from these fees is generally shrinking. The study also looked at asset forfeiture throughout the state. In 2019, it found that 64 vehicles and just under $186,000 were forfeited to the Tennessee Bureau of Investigation and the Tennessee Highway Patrol – a large drop from two years earlier. The report recommends additional research on long-term trends and variation in state and county reliance on this revenue source. It also suggests that more information could shed light on the indirect costs of fees and fines – including “what counties spend to collect them, the costs of prolonged criminal justice involvement, and any downstream impact on tax revenue tied to things like employment and productivity.”

Posted by: Suzanne Craig Robertson on Jun 7, 2021

Nashville lawyer Todd Pinckley will be presented with the prestigious Justice Joseph W. Henry Award for Outstanding Legal Writing next week during the TBA's Annual Convention in Memphis. The award was established nearly 40 years ago and is given each year to the lawyer “who writes the most outstanding article that is published in the ... Tennessee Bar Journal for the preceding year." This year’s winning article is “The Right to Remain Silent: Law Enforcement and the Duty to Intervene,” which was published in the November/December 2020 issue. The award will be presented at the annual Lawyers Lunch, which will be held in-person and livestreamed.

Posted by: Stacey Shrader Joslin on Jun 4, 2021
News Type: Legal News

Bass, Berry & Sims has named Gil Uhlhorn as managing partner of the Memphis office. In his new role, Uhlhorn will lead day-to-day operations, recruiting and retention initiatives, business development activities and community outreach in the Memphis market. He succeeds John S. Golwen, who has led the Memphis office since 2017. The firm also recently elevated three others to leadership roles. It named Memphis attorney Al Bright Jr. to lead the African-American Affinity Group, and Nashville attorney Lillian Blackshear and Memphis attorney Richard Mattern to the firm’s executive committee.

Posted by: Stacey Shrader Joslin on Jun 4, 2021

Gov. Bill Lee signed a bill sponsored by Rep. Glen Casada, R-Franklin, that makes cell phone numbers, most addresses and some other information confidential between an arrest and a conviction, Tennessee Lookout reports. The problem the bill seeks to solve, Casada told collegues in March, is lawyers badgering potential clients when their information becomes public in police reports. The bill was changed during consideration to allow more information to become public, but transparency advocates say the law will make it harder for news reporters to verify facts, find sources and tell the non-law enforcement side of the story.

Posted by: Stacey Shrader Joslin on Jun 4, 2021
News Type: Legal News

LeAnna R. Wilson began her tenure as clerk of the U.S. District Court for the Eastern District of Tennessee in Knoxville on June 1. She succeeds John L. Medearis, who recently retired after serving the judiciary for more than 33 years. Wilson has been Medearis’s chief deputy clerk for the last three years. She previously served in the chambers of Senior U.S. District Judge J. Ronnie Greer and as a judicial law clerk to Tennessee Court of Criminal Appeals Judge Judge James Curwood Witt Jr. Chief U.S. District Judge Travis R. McDonough administered the oath of office. Read more in a press release from the court.

Posted by: Stacey Shrader Joslin on Jun 4, 2021

Legal groups in East Tennessee will hold a virtual pro bono debt relief clinic on June 12. The clinic is available to qualified individuals who live in counties served by Legal Aid of East Tennessee. Volunteer attorneys will conduct initial meetings with clients to discuss their situations and options. Sponsors of the event include Bankruptcy Judge Suzanne Bauknight, the federal bar associations in the Eastern District of Tennessee, Knoxville Bar Association, TBA Young Lawyers Division, Tennessee Supreme Court’s Access to Justice Commission and Tennessee Alliance for Legal Services. Volunteer here

Posted by: Stacey Shrader Joslin on Jun 4, 2021

Pandemic rules are being lifted in courthouse across the state but the Greene County General Sessions Court plans to keep some of its COVID practices in place going forward, the Greeneville Sun reports. The court says it will continue to use Zoom and other virtual technology to handle arraignments and other appearances from the county jail. Remote proceedings also will be conducted from the Greene County Workhouse thanks to a state grant recently obtained by court. Circuit Court Clerk Chris Shepard says the county court system conducted 700 virtual arraignments and hearings last year. “COVID-19 has changed the way so many things are done … The key to safety and saving money, I believe, is looking toward the future of the judicial system, anticipate changes that may be on the way, and most importantly, have the technology and staff in place to handle whatever challenge is next,” he tells the paper.

Posted by: Stacey Shrader Joslin on Jun 4, 2021

The Tennessee Supreme Court recently held virtual SCALES programs for Tennessee American Legion Boys State and American Legion Auxiliary Volunteer Girls State participants. The session for Boys State included a welcome message from Chief Justice Jeff Bivins and then delegates watched and discussed the virtual oral arguments in State of Tennessee v. Robert Allison, which involved money-laundering charges. The case was decided by the court in January. The session for Girls State delegates included an hour-long question and answer with the court’s three female justices. The discussion tackled many issues of the day, including how the courts operated during the COVID-19 pandemic, the role of judges in protecting voting rights and the concept of “rule of law.” The SCALES program is designed to help students understand the role of the courts.

Posted by: Stacey Shrader Joslin on Jun 4, 2021
News Type: Legal News

Federal and state regulators have filed to intervene in a suit alleging that Curo Health Services falsely claimed patients were eligible for Medicaid or Medicare benefits when they were not terminally ill. A federal investigation into the claims based on whistleblower testimony has moved silently through the courts for nearly a decade, The Tennessean reports. The suit claims that some departments of Curo, including Avalon Hospice — which has locations across the state — knowingly submitted false claims for hospice services for ineligible patients since at least 2010. It also alleges Avalon concealed the obligation to repay overpayments for those services. The governments are asking for damages of at least three times the amount falsely claimed and an additional $10,000 for each false claim.


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