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Posted by: Julia Wilburn on Jun 13, 2024

The Tennessee Department of Revenue audited a car dealership and assessed unpaid taxes against the business. After an informal review by the Commissioner of the Tennessee Department of Revenue, the auto dealership filed suit in the Chancery Court for Davidson County to challenge the assessment. The trial court found that the auto dealership’s complaint had been filed one day past the applicable filing period and dismissed the action for lack of subject matter jurisdiction. Finding no error, we affirm.

Posted by: Stacey Shrader Joslin on Jun 13, 2024

The U.S. Supreme Court ruled in a unanimous decision today that a group of anti-abortion doctors did not have standing to challenge new rules related to mifepristone, one of two drugs commonly used in medication abortion. The decision overturns a ruling by the U.S. 5th Circuit Court of Appeals, which had made it more difficult to obtain the drug. The opinion did not address any underlying regulatory or safety issues raised by the group, only finding that the doctors did not show they had personally been harmed by the government’s rules. In related news, Reuters reports that another case from three Republican-led states is still working its way through the appeals process and if taken up by the court could test the legitimacy of the rule.

In another decision released today, the court overturned a lower court’s ruling ordering Starbucks to reinstate seven Memphis-based employees terminated amid a unionization drive. The justices rejected a “more lenient test” used by the lower court to determine the employees had to be reinstated. Instead, it directed courts to use a more stringent, four-factor test applied in other contexts. Read more about both decisions from The Hill.

Posted by: Stacey Shrader Joslin on Jun 13, 2024

Former state Sen. Brian Kelsey wants to withdraw his guilty plea in a federal fraud case, and made the case for being allowed to do so before a panel of judges on the U.S. 6th Circuit Court of Appeals. Kelsey previously received a 21-month prison sentence after pleading guilty to campaign finance violations. During the hearing, the judges noted that Kelsey could face more prison time if found guilty again. They also heard arguments from Kelsey’s lawyers that the prosecutor’s response to a question from the trial judge “blew up” the plea agreement. Prosecutors argued they provided a “proportionate” response to a question about whether a sentencing enhancement was appropriate in the case. A federal district court judge previously ruled that Kelsey could not change his plea. Tennessee Journal reports on the hearing.

Posted by: Stacey Shrader Joslin on Jun 13, 2024

Members of the Tennessee legal community met for the second day of the TBA Annual Convention in Memphis today. The morning began with a Public Service Awards Breakfast featuring the presentation of the Ashley T. Wiltshire Public Service Attorney of the Year to Memphis-based Assistant Federal Public Defender Tyrone Paylor, the Harris Gilbert Pro Bono Volunteer of the Year Award to Memphis attorney John Golwen, and the Law Student Volunteer of the Year Award to University of Tennessee College of Law student Kim Riddett. Lawyers then heard from two panels exploring the impact of artificial intelligence (AI) on the practice of law.

At the annual Bench Bar Luncheon, J. Daniel Breen, a senior judge on the U.S. District Court for the Western District of Tennessee, received the Judge Pamela L. Reeves Tennessee Professionalism Award, while Tennessee Supreme Court Chief Justice Holly Kirby received the Justice Frank F. Drowota III Award. Kirby was recognized for her efforts spearheading an increase in the hourly rate of reimbursement for appointed cases, which the state legislature approved this spring. In her acceptance remarks, Kirby thanked the many judges and lawyers who contacted leaders about these “shockingly low rates,” and pledged to continue working on this “righteous cause” in the future. Following the awards, Memphis lawyer Charles Newman gave the keynote address in which he recounted his experience representing Dr. Martin Luther King Jr. during the Memphis sanitation workers’ strike, and thanked his law firm Burch Porter & Johnson for allowing him to work on cases throughout his career that did not add to the bottom line. He challenged those in the room not to allow the pressure of making the practice of law more profitable to squeeze out important values. See pictures from the programs.

Posted by: Stacey Shrader Joslin on Jun 12, 2024

The Trial Court Vacancy Commission has notified Gov. Bill Lee that only two candidates have applied for a chancellor vacancy in the 19th Judicial District, which includes Montgomery and Robertson counties. Under state law, if the commission is unable to provide the governor with the names of three persons qualified to fill the vacancy, then the governor may fill the vacancy with any person who is qualified to serve. The commission reports that it did send the two applications it received to the governor. Read the letter and more about the applicants, Christina M. Bartee and Tracy P. Knight, on the Administrative Office of the Court's website.

Posted by: Stacey Shrader Joslin on Jun 12, 2024

Tennessee election officials are asking the U.S. 6th Circuit Court of Appeals to postpone changes to how people with felony convictions can register to vote until after this year’s elections, Tennessee Lookout reports. Officials argue there is not enough time to make the changes a federal court judge has ordered them to make. That order came in case challenging the state’s requirements for people with felony convictions who want to regain the right to vote after they have been released from prison. U.S. District Judge William Campbell ruled in May that the state violated federal voting law when requiring a group of formerly incarcerated felons convicted before 1981 to prove they were entitled to register to vote, even though the group never lost the right to vote. He also ordered the state to develop new policies and procedures for processing felony voter registrations and train election workers how to follow it.

Posted by: David Bevis on Jun 12, 2024

The Defendant, Orlando Nichols, was convicted in the Shelby County Criminal Court of especially aggravated kidnapping and aggravated rape, Class A felonies, and received consecutive twenty-five-year sentences to be served at one hundred percent. On appeal, the Defendant contends that (1) the time delay between the commission of the offenses and the issuance of the indictment violated his right to due process; (2) his effective fifty-year sentence is excessive; and (3) the evidence is insufficient to support his convictions. Upon review, we affirm the judgments of the trial court.

Posted by: Stacey Shrader Joslin on Jun 12, 2024

The Nashville NAACP has written an open letter to Mayor Freddie O’Connell, demanding a meeting to discuss the city's current situation involving the Nashville Community Review Board, a civilian police watchdog agency. The NAACP and National Action Network (NAN) said it released the letter after learning of a complaint filed by retired Lt. Garet Davidson, in which he alleged that high-ranking Metro Nashville Police Department (MNPD) officers helped lobby legislators behind closed doors to get a state bill passed to reduce the power of civilian oversight boards. He also alleged that officer discipline measures were not carried out, preferential treatment was shown towards higher ranking officers, and a zero-tolerance sexual harassment policy was not followed. WZTV has the news.

Posted by: Julia Wilburn on Jun 12, 2024

Earn three general hours with this Bankruptcy 1-Click package. The first session will feature a Chapter 13 trustee and a staff attorney to the Chapter 13 trustee for the Eastern District of Tennessee (Southern Division) who will highlight differences between their areas and highlight current issues in Chapter 13 cases. Also, learn about recent developments impacting mortgages in bankruptcies in the second session. Last up is a 1.5 hour long presentation highlighting bankruptcy case law updates.

Posted by: David Bevis on Jun 12, 2024

This is a direct appeal of a disciplinary proceeding involving a Knoxville attorney who filed four motions containing pejorative statements about the trial judge in a child custody case involving the attorney’s minor child. A hearing panel of the Board of Professional Responsibility determined that the attorney violated multiple Rules of Professional Conduct and imposed a three-year suspension as punishment. The attorney appealed to the trial court. The trial court affirmed the hearing panel’s judgment in all respects with the exception of the attorney’s punishment. The trial court held that the hearing panel erred in imposing a suspension, and it increased the punishment to disbarment. The attorney appealed to this Court. We affirm the judgment of the trial court on all issues with the exception of the issue regarding the attorney’s punishment. We hold that the trial court erred in increasing the punishment to disbarment, and we reinstate the three-year suspension imposed by the hearing panel but modify it to take effect upon the filing of this Opinion.


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