Knox County lawyer Gary Lee Anderson has been suspended from the practice of law for five years, followed by a period of indefinite suspension until $1,370 in restitution is paid to a former client. The court also directed Anderson to meet all CLE requirements, pay all costs incurred in the disciplinary matter within 90 days, and remit all outstanding registration fees and professional privilege taxes. The court took the action after finding that Anderson failed to communicate with clients, act in a diligent manner, expedite clients’ litigation, obtain informed consent from a client, respond to requests for information from disciplinary counsel, delineate and/or specify limits on the scope of representation, and take reasonable steps to protect clients’ interest after terminating representation. He also was found to have charged an unreasonable fee and a non-refundable fee without the client’s written agreement, and accepted client referrals from a non-registered intermediary organization. These actions violated Tennessee Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 1.5, 1.8, 8.1(b) and 8.4 (a), (c), and (d).

The Tennessee Supreme Court has amended Tennessee Supreme Court Rule 13, sections 2 and 3, to reflect a $10 increase in the hourly reimbursement rate for indigent representation, along with a proportionate increase in the caps on the total amount a court-appointed attorney may earn per case. The changes are effective as of July 1 and are based on the Tennessee General Assembly’s recent approval of an additional $8.6 million in recurring funding for the indigent representation program, increasing the hourly rate to $60. Read the new language. 

The Administrative Office of the Courts (AOC) had requested $26.145 million from the state legislature, which would have raised the hourly rate to $80. The TBA supported that request and remains committed to working with stakeholders to secure additional resources to fairly compensate lawyers who do this important work. To learn more about this issue and advocacy efforts on behalf of Tennessee lawyers, read the TBA's statement about the funding or visit the TBA’s Indigent Representation Resources webpage.

PER CURIAM. With a warrant in hand, Shelby County officers searched Corey Neal’s residence. There, they discovered three firearms, resulting in a federal gun possession charge. Neal later raised a Fourth Amendment challenge to the validity of the search. When that effort failed, he pleaded guilty to illegally possessing the weapons. On appeal, Neal reasserts his Fourth Amendment claim. Finding no error in the district court’s refusal to suppress the fruits of the search, we affirm.

Petitioner, Daniel Ward, was convicted of ten counts of aggravated sexual battery. The trial court sentenced Petitioner to fifty-four years of incarceration, and this court affirmed his convictions on direct appeal. Petitioner then filed a petition for post-conviction relief, claiming ineffective assistance of counsel and cumulative error. The post-conviction court denied the petition after a hearing, and Petitioner now timely appeals. After review, we affirm the judgment of the post-conviction court.

The Defendant, Denver Christian Smith, was convicted by a Washington County Criminal Court jury of first degree felony murder, attempted second degree murder, and attempted carjacking. See T.C.A. §§ 39-13-202 (2014) (subsequently amended) (first degree murder), 39-13-210 (2014) (subsequently amended) (second degree murder), 39-13-404 (2018) (carjacking), 39-12-101 (2018) (criminal attempt). On appeal, the Defendant contends that: (1) the trial court erred when it denied the Defendant’s motion to suppress his statements to the police and (2) no reasonable trier of fact could find that the Defendant failed to establish his insanity defense by clear and convincing evidence. We affirm the judgments of the trial court.

A petition to remove Shelby County Clerk Wanda Halbert from office was dismissed on June 18, but the effort to oust her has been revived, the Daily Memphian reports. According to the paper, the Shelby County Attorney’s Office has hired outside counsel — Robert Meyers of Glanker Brown — to continue the ouster proceedings. The previous effort, spearheaded by Hamilton County District Attorney General Coty Wamp, was unsuccessful after a court ruled that Wamp did not have legal standing to sue. Shelby County Attorney Marlinee Iverson cannot bring the case because she has recused herself from the matter. Meyers has been involved in county matters in the past, serving as former chair of the Shelby County Election Commission and producing a legal opinion on the city charter’s residency requirement for mayoral candidates.

The Defendant, Gary Lynn Hart, was convicted in the Chester County Circuit Court of two counts of possession of a firearm after having been convicted of a violent felony, a Class B felony; one count of theft of property valued more than one thousand dollars, a Class E felony; and one count of resisting arrest, a Class B misdemeanor, and received an effective sentence of thirty-one years in confinement. On appeal, the Defendant claims that the evidence is insufficient to support his convictions. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court.

Defendant, Joey Godwin, filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, challenging his two convictions for the sale of .5 grams or more of cocaine and resulting 60-year sentence. The trial court summarily denied the motion. Defendant appeals. Because Defendant failed to state a colorable claim, we affirm the judgment of the trial court.

A Henry County jury convicted the Defendant, Joshua Lee Enoch, of two counts of rape and one count of aggravated statutory rape, and the Defendant received an effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Defendant raises the following issues: (1) whether the evidence was legally sufficient to sustain his convictions; (2) whether the trial court committed plain error in denying two motions for a competency evaluation; (3) whether the trial court committed plain error in denying his motion for a continuance; and (4) whether he is entitled to relief on the basis of cumulative error. Upon our review, we respectfully affirm the judgments of the trial court.

The Defendant, Jeffrey L. Brousseau, appeals from his guilty-pleaded convictions for possession with the intent to deliver or sell one-half gram or more of methamphetamine; possession with the intent to deliver or sell marijuana; theft of property valued at $1,000 or less; driving while in possession of five grams of methamphetamine; and driving on a suspended license. Pursuant to the terms of the plea agreement, the Defendant received an effective ten-year sentence, and the trial court was to determine the manner of service. The trial court subsequently denied the Defendant’s request for alternative sentencing, a decision the Defendant now appeals. Following our review, we affirm the judgments of the trial court.