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Posted by: Stacey Shrader Joslin on Jun 19, 2024

The Tennessee Supreme Court dismissed a petition for reinstatement from Howard Macarthur Romaine, a lawyer in North Carolina, on June 17. Romaine was seeking reinstatement from being on disability inactive status since January 2017. The Board of Professional Responsibility recommended dismissal of the petition based on Romaine’s failure to satisfy outstanding obligations with it as well as the Tennessee Department of Revenue and the Appellate Court Cost Center. On April 24, the court gave Romaine until June 10 to satisfy his outstanding obligations — which he did not do — or face dismissal of his petition.

Posted by: Stacey Shrader Joslin on Jun 19, 2024

Zoom is not the only game in town for web meetings, but it is popular for a reason. Use this chart to learn about the major web meeting vendors and what they offer. Find this and more in the Opening a Firm section of TBA’s Law Firm in a Box.

Posted by: Stacey Shrader Joslin on Jun 19, 2024
Posted by: Stacey Shrader Joslin on Jun 19, 2024

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Posted by: Julia Wilburn on Jun 18, 2024

A new Tennessee law, which goes into effect July 1, authorizes the state to pursue capital punishment when an adult is convicted of aggravated rape of a child, reports WREG. Gov. Bill Lee signed the law in May without issuing a statement. Lee told reporters Tuesday that he did not sign the bill hoping it would be “tested” in court. Instead, he said crimes against children are “some of the most heinous that there are.” Opponents worry that the law may keep child rape victims from speaking out knowing their testimony could potentially result in an execution, especially since many children are abused by family members and close friends.

Posted by: Julia Wilburn on Jun 18, 2024

Attorneys for Zachary Adams, the man convicted in 2017 of murdering nursing student Holly Bobo, on Friday made arguments to a Savannah judge as part of an attempt by Adams to receive a new trial. The Associated Press reports that Adams requested a new trial based on statements made by Jason Autry, a key trial witness who earlier this year recanted the testimony that helped a jury convict Adams. The new filing, known as a coram nobis petition, says Autry is recanting his testimony to avoid spending life in prison. For the petition to be successful, Adams must prove that he is presenting new evidence, which must be supported by sworn affidavits.

Posted by: Julia Wilburn on Jun 18, 2024

Deans at four of Tennessee's law schools, along with more than 100 deans from law schools across the country, have signed a letter released by the American Bar Association (ABA) Task Force for American Democracy concerning the training necessary for the next generation of lawyers to sustain constitutional democracy and the rule of law. The letter affirms the deans' commitment to preparing the next generation of legal advocates to uphold these values and urges students to champion the Constitution and the rule of law through avenues such as clinical work, public education and advocacy. The deans also commit to teach students to disagree respectfully, be open to others’ arguments and engage across partisan and ideological divides. Read more in a press release from the ABA.

Posted by: Karen Belcher on Jun 18, 2024

Petitioner, Tyler Keith Parrish, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Posted by: Julia Wilburn on Jun 18, 2024

Eastern District of Arkansas U.S. District Judge D.P. Marshall Jr. on Friday ruled that a lawsuit challenging federal rules entitling workers to time off and other accommodations for abortions lacks standing. The suit was filed in April by 17 states and led by the attorneys general of Arkansas and Tennessee against the Equal Employment Opportunity Commission (EEOC). The Associated Press reports that the suit argued the additional regulations go beyond the scope of the Pregnant Workers Fairness Act, a 2022 law requiring many employers to make “reasonable accommodations” for pregnant or postpartum employees.

Posted by: Karen Belcher on Jun 18, 2024

A Maury County jury convicted Defendant, Jeremie Scott Modine, of one count of rape, one count of domestic assault, three counts of violating a no-contact order, and two counts of violating a protective order. Defendant argues on appeal that (1) the trial court committed plain error in constructively amending the indictment to charge rape by lack of consent, and (2) that the trial court erred in denying alternative sentencing. After careful consideration, we hold that the trial court committed plain error in constructively amending the indictment by instructing the jury on a mode of liability not charged in the indictment. The trial court did not abuse its discretion in denying alternative sentencing. We therefore vacate Defendant’s rape conviction and remand this matter for a new trial on that count of the indictment as well as correction of judgment forms as outlined in this opinion.


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