The Tennessee Supreme Court unanimously held today that an appellate court does not have the authority to consider an issue, or raise an issue on its own, that was not raised in the post-conviction trial court. The decision came in the case of Marty Holland, who pled guilty to attempted first-degree murder and especially aggravated robbery and agreed to serve a 17-year sentence. He also agreed to concurrently serve a federal sentence for an unrelated bank robbery. Holland later argued that (1) his conviction was the result of an unlawful search and seizure, (2) his conviction was the result of an unlawful bench warrant, (3) he lacked effective assistance of counsel, (4) he had newly discovered evidence, and (5) the evidence used in the conviction was obtained illegally. The trial court and Court of Criminal Appeals denied the relief but the appeals court remanded the case for a hearing to consider whether Holland was fully informed of the circumstances of agreeing to serve concurrent state and federal sentences. The Supreme Court found that the concurrent sentencing issue had been waived and could no longer be a basis for relief. Read the opinion.

The Board of Judicial Conduct issued a public reprimand to Coffee County General Sessions Judge Jere Ledsinger on Sept. 28 after it found that he “made an inappropriate comment to a courtroom audience.” The board said that on or about July 16, Ledsinger addressed a group of criminal defendants, including some who were African-American, about the requirement to wear face masks in court, saying the “Grand Wizard of our Supreme Court said we have to wear these masks” or words to that effect. Ledsinger acknowledge he was wrong to make the statement and said he meant no disrespect to anyone. The board said the statement violated judicial conduct rules requiring judges to maintain the highest standards of conduct and dignity; avoid words or conduct that manifest bias or prejudice; be dignified and courteous to those they deal with; act in a manner that promotes public confidence in the integrity and impartiality of the judiciary; and avoid impropriety and the appearance of impropriety.

Several East Tennessee law enforcement agencies are uniting “to go purple” in honor of Domestic Violence Awareness Month, WATE reports. The group includes the Knoxville Family Justice Center, Knox County District Attorney’s Office, Knoxville Police Department, Knox County Sheriff’s Office, Tennessee Highway Patrol, Tennessee Bureau of Investigation and the University of Tennessee Police Department. Local elected officials also spoke this week about the important role law enforcement plays in protecting survivors and ending family violence.

Anthem will pay $39.5 million in a settlement related to a cyberattack in 2015, Med City News reports. Tennessee will receive $400,556 from the settlement according to the Tennessee attorney general's office. The action stems from a cyberattack that resulted in the personal health information of nearly 79 million people being compromised, including names, addresses, social security numbers and medical identification numbers. According to an investigation by the Department of Health and Human Services’ Office of Civil Rights, hackers gained access to Anthem’s system through targeted phishing emails sent to one of its subsidiaries. Last year, the Department of Justice indicted two people in connection with the hack. The settlement follows a previous settlement in 2018 when Anthem paid $16 million to settle with the government and $115 million to settle a class action suit.

Knoxville area legal professionals are invited to celebrate the annual Red Mass this Sunday at 11 a.m. at the Cathedral of the Most Sacred Heart of Jesus, 711 S. Northshore Dr., Knoxville 37919. A time-honored tradition of the Catholic Church, the Red Mass is celebrated for judges, attorneys, law school professors, students and government officials.

Davidson County Juvenile Court Judge Sheila Calloway has tested positive for the COVID-19 virus, days after juvenile courts were closed except for emergency hearings, News Channel 5 reports. Calloway announced on Monday that the state Supreme Court granted the juvenile court permission to only hold emergency court hearings after three court employees tested positive for COVID-19. Deputy Court Administrator Tommy Bradley says Calloway won't return until she is medically cleared.

The Hamilton County Criminal Court Clerk’s Office announced that starting today, minutes from daily court proceedings in three criminal divisions will be moved to an electronic format, the Chattanoogan reports. Traditionally, the minutes have been printed out and kept in large leather binders in a file room in the clerk’s office. Hamilton County Criminal Court Clerk Vince Dean said the move was "one more step toward a paper on demand criminal court system. The three criminal court judges have been very supportive in our efforts and are consistent in their desire to help us achieve that goal." In addition to cost savings, Dean noted that “having the minutes readily available will also greatly enhance the efficiency in fulfilling requests for records."

Twelfth Judicial District Circuit Court Judge Justin Angel has been appointed to preside over a case involving 10th Judicial District Attorney General Steven Crump, the Chattanooga Times Free Press reports. Crump is accused of being blackmailed into securing a conviction in a 2018 second-degree murder case—allegations that he denies. Last month, Bradley County Criminal Court Judge Andrew Mark Freiberg recused himself from any future proceedings in the case, writing that his exposure to sources and allegations about the case prevents “the continued ability to be a fair and impartial jurist.” Angel was later appointed by Judge J. Michael Sharp, the 10th Judicial District's current presiding judge. The next hearing in the case is scheduled for Oct. 9.

Chambliss, Bahner & Stophel attorney Charles Gilbreath this week wrote a column for the Daily Memphian paying tribute to his late professor, mentor and friend, Leo Bearman of Memphis. In the article, Gilbreath, who earned his law degree from the University of Memphis Cecil C. Humphreys School of Law, fondly remembers time spent with Bearman, who was Gilbreath’s Products Liability professor during his second year of law school. Gilbreath also reflects on advice and book recommendations he received from the “legal legend” and even their routine lunch orders from McEwen’s. Gilbreath is an employment litigator with his Chattanooga-based firm, a TBA member and a member of the TBA’s Young Lawyers Division. He is a board member of the Ronald McDonald House Charities of Greater Chattanooga and a volunteer with the Hamilton County Youth Court. Read his full article here.

The Clerk’s Office for the U.S. District Court for the Middle District of Tennessee today issued a warning to the public of a malicious scam by unidentified individuals using a technique referred to as phone “spoofing.” Calls have been made to targeted individuals from the phone number 615-736-5498, which is the general number for the clerk’s office in Nashville. However, the calls are not actually coming from the clerk’s office. The perpetrator making these calls informs their target that a family member has been arrested and can be released from custody upon receipt of a bond payment. The clerk’s office emphasized that, in no event should money be wired or paid to anyone on the basis of these calls. The matter has been referred to the proper authorities for further investigation.