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Posted by: Liz Slagle Todaro on Jun 26, 2024

A U.S. Supreme Court opinion in a case challenging Idaho's near-total abortion ban was "inadvertently and briefly" uploaded to the court's website today, according to a spokesperson for the court, who added that the opinion in Moyle v. United States "will be issued in due course," according to Newsweek. The accidentally shared document indicated the court would dismiss Idaho’s appeal in the case, allowing emergency abortions in the state, but did not address other issues raised in the case. With two opinion days left, the justices have just under a dozen rulings to announce this term, including Moyle. AP has a link to the unofficial document.

Posted by: Stacey Shrader Joslin on Jun 26, 2024

The Knoxville Bar Foundation inducted 10 new fellows during a reception yesterday. The new members are: Joshua J. Bond, Donald J. Farinato, Bryce E. Fitzgerald, Janet S. Hayes, Joan M. Heminway, Benjamin W. Jones, B. Chase Kibler, James S. MacDonald, Brandon L. Morrow and Robert P. Noell. The foundation is a not-for-profit entity established to improve public awareness of the legal system in Knoxville, the administration of justice, and the delivery of legal services through its grant program. Read more in this release. See a photo of the group.

Posted by: Stacey Shrader Joslin on Jun 26, 2024

The Tennessee Supreme Court today issued an order soliciting comments on a proposal from the Board of Professional Responsibility to amend Tennessee Supreme Court Rule 9, section 10.1 regarding the confidentiality of attorneys’ contact information. On June 18, the board petitioned the court to amend its rules to “classify as confidential and not public record the personal addresses and contact information Tennessee attorneys provide to the board.” Comments should be submitted by July 26 and should reference docket number ADM2024-00922. Comments may be emailed to Appellate Court Clerk James Hivner or mailed to 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219.

Posted by: Karen Belcher on Jun 26, 2024

The Defendant, Larry E. Orozco, was originally convicted of two counts of attempted second-degree murder, two counts of unlawful employment of a firearm during an attempt to commit a dangerous felony, and seven counts of reckless endangerment committed with a deadly weapon, for which he received an effective sentence of thirty-one years’ imprisonment. This court affirmed his convictions on direct appeal; however, appellate review of his sentence was waived because the record did not include the sentencing hearing transcript. The Defendant subsequently filed a post-conviction petition alleging ineffective assistance of counsel, and the trial court granted a delayed appeal. The Defendant now challenges the consecutive nature of his sentence and contends the trial court erred in finding that he was a dangerous offender, see Tenn. Code Ann. § 40-35- 115(b)(4), and in failing to make the necessary findings pursuant to State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995). Upon our review, we detect clerical errors in the judgments and remand for entry of corrected judgments in counts 10, 11, 12, 16, 17, and 19. In all other respects, we affirm.

Posted by: Karen Belcher on Jun 26, 2024

The Petitioner, acting pro se, appeals the Davidson County Criminal Court’s summary dismissal of his petition for a writ of error coram nobis. Upon our review, we affirm.

Posted by: Stacey Shrader Joslin on Jun 26, 2024

A third lawsuit has been filed against Johnson City, its police force and more than two dozen officers by a woman who says police took bribes to protect a serial rapist, WJHL reports. Mikayla Evans alleges that local businessman Sean Williams drugged her and then pushed her from a fifth-story window during an attempted sexual assault. Tennessee Lookout reports that she suffered life-threatening injuries that left her bedridden for two years. The suit also alleges that in exchange for cash, police did not investigate, arrest or charge Williams; intentionally destroyed evidence; and allowed Williams to destroy evidence. The new suit is the latest in an ongoing investigation. Last year, a lawsuit filed by nine women alleged a wider corrupt scheme by Johnson City police to shield Williams after he was accused of sexual assault by multiple women. In 2022, former Special Assistant U.S. Attorney Kateri Dahl filed a whistleblower suit against the city and police chief arguing that her efforts to investigate Williams were thwarted. Williams is currently in federal custody awaiting trial on federal and state charges connected to sexual exploitation of children and a previous escape from custody.

Posted by: Stacey Shrader Joslin on Jun 26, 2024

A majority of respondents to a Vanderbilt University poll expressed dissatisfaction with how democracy functions. According to the school, its “Unity Poll” found that 63% were either dissatisfied or very dissatisfied. When broken down by party, 68% of Republicans and 57% of Democrats expressed this view. The poll also showed that 49% believe American democracy is under attack (53% for Republicans and 35% for Democrats). The poll found similar patterns when asking whether the U.S. Constitution is under attack.

Posted by: Liz Slagle Todaro on Jun 26, 2024

Among the more than 200 new Tennessee laws taking effect on July 1 are two that address penalties for specific crimes, reports the Tennessean. One law increases criminal penalties for bullying and cyberbullying offenses to align more closely with harassment offenses. It also requires law enforcement to make an official incident report and inform parents or guardians of minor victims. Another new law allows prosecutors to seek the death penalty in criminal cases of child rape by an adult. This law may face a court challenge, as the U.S. Supreme Court ruled it unconstitutional to sentence a defendant to death for a non-homicide crime in 2008. 

Posted by: Stacey Shrader Joslin on Jun 26, 2024

Federal judges in Kansas and Missouri this week blocked much of the Biden administration’s recent effort to ease student loan repayment burdens for millions of borrowers, the Associated Press reports. The new program would have gone into effect on July 1. Kansas-based Judge Daniel Crabtree did allow one part of the program to go forward, namely a provision allowing students who borrowed $12,000 or less to have the rest of their loans forgiven if they make 10 years’ worth of payments, instead of the standard 25. Missouri-based Judge John Ross ruled that the U.S. Department of Education cannot forgive loan balances going forward, but it can lower monthly payments. Last year, the U.S. Supreme Court rejected the president’s first attempt at a forgiveness plan saying the department had exceeded the authority granted by Congress.

Posted by: Emma Drozdowski Webb on Jun 26, 2024

Effective July 1, Tennessee will charge a flat fee of $20 for an electronic copy of medical records requested by anyone other than the patient for "patients involved in a claim or appeal of denial for social security disability benefits." Requests for paper records will continue to incur additional costs. This also applies to third-party copy services. This only impacts requests from medical providers, not hospitals. It is still possible to obtain hospital records at no cost with an affidavit of indigency. 

CLICK HERE to read the statute.


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