TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 15, 2021

The Tennessee Supreme Court today named three new members to the Alternative Dispute Resolution Commission. They are: Marc Harwell with the Harwell Law Group in Chattanooga, Linda Warren Seely with Butler Snow in Memphis, and John R. Tarpley with Lewis Thomason in Nashville. Each will serve a three-year term beginning Jan. 10, 2022. Commission members Frank S. Cantrell and Leslie M. Gattas, and chair Richard Ladd Jr. will step down in January. The court also named commission member Stephen L. Shields as the new chair. He will take over on Jan. 10, 2022, and serve for two years.

Posted by: Stacey Shrader Joslin on Nov 12, 2021

The Tennessee Supreme Court will hold virtual admission ceremonies next week for individuals who recently passed the Tennessee bar exam. The court begins the process on Monday with four sessions, followed by sessions on Tuesday and Thursday. Sessions will take place at 9 a.m., 11 a.m., 1 p.m. and 3 p.m. CST each day. TBA President Sherie Edwards and President-elect Tasha Blakney will be introducing and making motions on behalf of applicants across the state. Want to tune in for the proceedings? Ceremonies can be watched on the court's YouTube channel.

Posted by: Kate Prince on Nov 11, 2021

The Williamson County Commission has approved a resolution to name a second floor room in Franklin’s historic courthouse after late Tennessee Supreme Court Justice Cornelia “Connie” Clark, the Tennessean reports. Clark was born in Franklin and lived her entire adult life there. She practiced law in Franklin prior to being appointed a circuit court judge and was also involved in several county nonprofit and civic organizations. "Justice Clark had a widely known reputation for honesty, integrity, impartiality and fairness," the resolution stated. "(She) was a role model to girls and women, as well as to boys and men in Williamson County, Tennessee, as well as across the State of Tennessee and the nation." Clark died in September at the age of 71.

Posted by: Stacey Shrader Joslin on Nov 8, 2021

The Governor’s Council for Judicial Appointments is now accepting applications for the Tennessee Supreme Court vacancy created by the passing of Justice Cornelia A. Clark. Applicants must be licensed attorneys, at least 35 years of age, residents of the state for five years, and residents of the Eastern or Middle Grand Divisions. Applicants must complete the designated application and submit it to the Administrative Office of the Courts by noon CST on Nov. 19. Applicants will be interviewed on either Dec. 8 or Dec. 9 at a location to be determined.

Posted by: Stacey Shrader Joslin on Nov 4, 2021

The Tennessee Supreme Court on Monday denied a motion from Davidson County attorney Kevin Williams Teets Jr. asking the court to set aside an Oct. 31 order suspending him from the practice of law for one year. The court took the action after the Board of Professional Responsibility recommended denial of the motion.

Posted by: Kate Prince on Nov 3, 2021

The Tennessee Supreme Court last week set the execution dates of two death row inmates. The high court set an execution date of April 21, 2022, for Oscar Franklin Smith, who was convicted of murdering three family members in Nashville in 1989. Smith was originally scheduled to be executed in June 2020, but the execution was stayed due to COVID-19. Today’s order lifted that stay. An execution date of June 9, 2022, was set for Harold Wayne Nichols, who was convicted of rape and murder in Chattanooga in 1988. Nichols was scheduled to be executed in August 2020, but Gov. Bill Lee issued an executive reprieve last summer. That reprieve expired on its own terms in December. Read more from the Administrative Office of the Courts.

Posted by: Stacey Shrader Joslin on Nov 1, 2021

The Tennessee Supreme Court has two cases set for Wednesday’s docket via video conference. It will live stream the oral arguments on its YouTube page. The first case will begin at 9 a.m. while the second case will begin at 10:30 a.m. CDT. The cases are Tommie Phillips v. State and State v. Douglas E. Linville. Read more about the cases.

Posted by: Stacey Shrader Joslin on Nov 1, 2021

The Tennessee Supreme Court last week denied a petition asking the court to create a new Rule 31B that would govern voluntary arbitration in domestic relations cases. The petition was drafted by the TBA Family Law Executive Council and filed on Sept 23. The court did not include any explanation in the order and simply stated, “After careful consideration, the Court respectfully denies the Petition.”

Posted by: Kate Prince & Berkley Schwarz on Oct 27, 2021

After amending Rule 13, Section 5(a)(1) yesterday to add “juvenile transfer proceedings” to the types of cases a trial court, in its discretion, may determine that investigative or expert services are needed to ensure the constitutional rights of the defendant are properly protected, the Tennessee Supreme Court today issued an order that denies other parts of a petition relating to an indigent criminal defendant’s right to fees for expert, investigative, and other support services during criminal proceedings and in juvenile delinquency cases. The petition was filed by the Choosing Justice Initiative, Tennessee Association of Criminal Defense Lawyers, Tennessee Post-Conviction Defender Organization and two private lawyers.

Posted by: Stacey Shrader Joslin on Oct 26, 2021

The Tennessee Supreme Court today issued an order amending Rule 13 of its rules to allow payment for investigative and expert services in juvenile transfer hearings. The change to Section 5(a)(1) applies to trial and direct appeal cases handled by appointed counsel. It takes effect immediately.


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