April 2016 - Vol. 52, No. 4

Who Asks the Questions Around Here?

Why It’s Important That Defense Counsel, Rather Than the Trial Court, Question a Defendant During a 'Momon' Hearing

For the past 16 years, a hearing to question a criminal defendant regarding his or her decision not to testify at trial has become a common feature of criminal trials in Tennessee. This procedure was adopted by our supreme court in Momon v. State.[1] In Momon, the Tennessee Supreme Court established “a prophylactic procedure designed to ensure that a defendant’s waiver of the fundamental right to testify is voluntary, knowing and intelligent.”[2] The case arose because Mr.

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When the Defendant Is a Victim

New Court Offers Hope to Victims of Sex Trafficking

She wants help.
    She’s a heroin addict.
        She’s motivated.
            She’s expecting a grandbaby.

These phrases are tossed around a Nashville judicial library as a carefully crafted group decides if a woman picked up for prostitution is eligible for the innovative program instead of going to prison.

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Competition Can Be Beneficial, But Also Corrosive

Bar associations have long noticed that lawyers, more than members of many other professions, are disposed to depression, substance abuse, and similar problems. Local and state bars have worked to establish groups for lawyers-helping-lawyers and lawyers’ assistance programs. The TBA has promoted “better next year” as a way of motivating

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Letters of the Law

The Start of a ‘Long Overdue Conversation About Justice’

Thanks to President Bill Harbison for his February President’s Page about the lynching of Ed Johnson and the contempt trial of Sheriff Shipp (“Contempt Case Helped Develop Due Process Concept”). I share President Harbison’s belief that “...

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News

Pro Bono Event Pushes Fundraising Past Half Million Mark

Tennessee lawyers helped raise more than $45,000 to help legal aid programs in the state at the Corporate Counsel Pro Bono Initiative Gala March 5 in Nashville. Now in its 10th year, the event has raised more than half a million dollars to support pro bono efforts that engage in-house and corporate counsel.

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