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Posted by: Kate Prince on Jul 23, 2020
News Type: Legal News

Secretary of State Tre Hargett on Wednesday appeared before the U.S. Senate Rules and Administration Committee to speak on the state’s preparations for upcoming elections and resistance to expanding absentee voting, the Tennessean reports. Hargett joined the committee by video, where he was praised by Tennessee Sen. Lamar Alexander, but came under scrutiny later in the meeting by other Senators, who questioned why the state continued to appeal the absentee voting ruling and why it won’t allow absentee voters to turn in ballots using official drop boxes. Hargett maintained that fear of COVID-19 did not constitute an excuse for not voting in person and that requiring absentee voters to mail in their ballots instead of using a drop box was a “security measure.” Sen. Angus King, I-Maine, called Hargett's response “pitiful” and said he was “astounded” by his testimony. "By the way, your state is No. 11 in the country in cases per 100,000 people," King continued, though not citing which data he was referencing. "I don't know why you'd need an excuse to vote."

Posted by: Kate Prince on Jul 23, 2020
News Type: Legal News

Attorney Coty Wamp has been selected to serve as general counsel for the Hamilton County Sheriff’s Office, the Chattanoogan reports. Wamp began her career as an assistant public defender with the Hamilton County Public Defender’s Office and for the last three years has served as an assistant district attorney for the 10th Judicial District in Bradley County. HCSO general counsel is a new position created by Sheriff Jim Hammond, who says Wamp will be “responsible for providing advice and counsel to the sheriff and his command staff on matters pertaining to investigations, daily operation, policy matters and public media inquiries.” HCSO has been hit with several lawsuits in recent months and, in late June, faced accusations from District Attorney General Neal Pinkston of intentionally slowing down investigations into former deputy Daniel Wilkey.  

Posted by: Kate Prince on Jul 23, 2020
News Type: Passages

Robert William “Bob” Ratton Jr. of Memphis died unexpectedly on June 11. Ratton received his law degree from the University of Tennessee College of Law and an LL.M. in taxation from New York University School of Law. He was an accomplished tax and commercial attorney, practicing at several firms in Memphis and Washington, D.C., before becoming general counsel at Armstrong Relocation & Companies where he worked for two decades. A memorial for Ratton was held on June 16.

Posted by: Kate Prince on Jul 23, 2020
News Type: Passages

Retired Memphis attorney Murry J. Card died on July 11 at the age of 87. Murry was a Korean war veteran and a communicant of St. Francis of Assisi Catholic Church. He also volunteered at the St. Vincent DePaul Food Mission. Murry was a "True Blue" Memphis Tigers fan and attended games for more than 50 years. He stated that he wanted to give recognition to Dr. Edmund Drummond, Buck Silver and Harley Davis who played special roles in his life. Funeral services were held St. Francis of Assisi Catholic Church on July 16 followed by burial at Forest Hill South cemetery.

Posted by: Kate Prince on Jul 23, 2020
News Type: Legal News

The murder trial of Nashville police officer Andrew Delke has been reset for early next year, the Tennessean reports. Delke, a white officer, was charged with murder after shooting Daniel Hambrick, a Black man, three times in the back during a July 2018 foot chase. The trial was originally set for March, but after a scheduling conflict with an expert witness, Judge Monte Watkins reset the trial for summer. Precautions around the COVID-19 pandemic have delayed all jury trials and Delke’s trial has now been set for early 2021. Jury selection is set to take place on Feb. 15 with the trial beginning on Feb. 22. Delke is the first Nashville officer to ever be charged with murder after an on-duty shooting. 

Posted by: Stacey Shrader Joslin on Jul 22, 2020

The Tennessee Supreme Court has rejected a petition for an emergency rule waiver that asked the court to waive the bar examination requirement of the Tennessee Rules for Admission to the Bar and grant diploma privilege to those currently registered for the July, September and February 2021 bar exams. The petition argued that the COVID-19 pandemic “created exceptional circumstances in Tennessee which warrants emergency diploma privilege” and included impact statements from applicants on the hardships they have experienced because of the pandemic. The deans of four Tennessee law schools also expressed support for the petition. The Tennessee Board of Law Examiners opposed the petition arguing that “exempting certain bar applicants from taking a competency examination poses an unreasonable risk of harm to the public.” The board also noted that the court had already taken several steps to address issues faced by recent law school graduates. The court said that while it is sensitive to the hardships and challenges faced by the graduates, it did not believe the measure was in the interest of the public and the administration of justice.

Posted by: Stacey Shrader Joslin on Jul 22, 2020
News Type: Legal News

The Innocence Project today filed a petition with the Shelby County Criminal Court for post-conviction DNA testing on behalf of Pervis Payne, a Tennessee death row inmate with an intellectual disability. Payne, who has maintained his innocence for more than 30 years, was convicted of attacking and killing Charisse Christopher and her two-year-old daughter, and non-fatally stabbing her four-year-old son. At the end of 2019, Payne’s attorneys found “hidden evidence” — including a comforter, sheets and pillow with blood stains — at the Shelby County Criminal Court clerk’s office. The lawyers argue the state withheld the items and never tested them for DNA. Payne is scheduled for execution on Dec. 3.

Posted by: Stacey Shrader Joslin on Jul 22, 2020
News Type: Legal News

A group of African-American hotel guests have filed suit against Hilton alleging they were confronted about their presence at Hilton properties where they were visitors or registered guests. In some instances, the suit alleges, hotel staff called or threatened to call police on them. One incident stems from an interaction at the Hampton Inn in Nashville where a father was singled out in a lobby filled with other people and asked by the manager why he was there. When he said he was staying there with his son — who was sleeping in the hotel room — the manager left and returned with a security guard. When the manager threatened to call the police, another clerk intervened saying she remembered the man checking in. The Tennessean has the story from USA Today.

Posted by: Stacey Shrader Joslin on Jul 22, 2020
News Type: Legal News

A federal judge said yesterday that he will not block three Tennessee laws dealing with absentee voting for the Aug. 6 primary election, the Tennessean reports. One law bars first-time voters from voting absentee unless they show identification at the local election office; a second makes the unsolicited distribution of absentee ballot applications a misdemeanor for those who are not election workers; and a third spells out a signature verification process for absentee ballot voters. U.S. District Judge Eli Richardson said the groups that sought to block the laws should have requested action earlier. He did, however, say that he will still consider whether to block the laws for the November election.

Posted by: Stacey Shrader Joslin on Jul 22, 2020
News Type: Your Career

Egerton, McAfee, Armistead & Davis is seeking to hire an estate planning associate for its Knoxville office. Minimum qualifications are three years’ experience in trust and estate practice; relevant drafting experience; basic understanding of sophisticated planning strategies; knowledge of gift, estate and generation-skipping taxes; and desire to master advanced techniques to serve a wide range of client needs. An LL.M degree is desirable but not essential. For more information contact Robert Williams, 865-546-0500. See the posting on TBA JobLink.


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