TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 22, 2020

An in-person plea hearing will be held on May 27 at 2:30 p.m. for Danny Weld-Ebanks, who was indicted in September 2019 for vehicular manslaughter by recklessness for a crash that killed Matthew Kenigson, the spouse of Nashville General Sessions Judge Lynda Jones. The hearing will take place at the Montgomery County Court Center and will be presided over by Rutherford County Circuit Court Judge Barry Tidwell. The case was moved by agreement of the parties because of COVID-19 travel restrictions set by Fort Campbell, where Weld-Ebanks is stationed. Access to the courthouse will be limited pursuant to the judicial emergency order, but the Supreme Court is offering two options to media interested in covering the proceeding: a video recording available one hour after the hearing or one pool camera that would record from the courtroom. Media outlets should express their preference to Barbara Peck, 615-440-2555. A final decision about access will be made by noon on May 26.

Posted by: Barry Kolar on May 19, 2020

Tennessee's Supreme Court held its first live-streamed oral arguments today, with the five justices donning their robes and logging in to the Zoom platform to hear three cases, WPLN reports. The high court began video recording proceedings nearly two years ago. And last month, the justices held arguments by video conference which were later posted online. “So today, we take the next natural step,” Chief Justice Jeffrey Bivins said. “We feel like this is a very important step from the standpoint of showing our citizens and having them grow in confidence in our system by showing our courts are open and accessible.”

Posted by: Stacey Shrader Joslin on May 18, 2020

The Tennessee Supreme Court will hear oral arguments in three cases via livestream video conferencing today. The docket includes three cases: Carolyn Coffman et al. v. Armstrong International, Inc. et al.; Clarissa Bidwell ex rel James Bidwell et al. v. Timothy Strait MD et al.; and Scott Trent et al. v. Mountain Commerce Bank et al. The court said the move is aimed at continuing to protect the health of those involved. All three cases will be live-streamed to the TNCourts.gov YouTube channel.

Posted by: Stacey Shrader Joslin on May 13, 2020

The Tennessee Supreme Court today appointed Scott Griswold as assistant examiner for the Tennessee Board of Law Examiners commencing immediately and expiring on March 31, 2025. Griswold replaces Andrew Wampler, whose term had expired. He is not eligible for reappointment. View the court’s order.

Posted by: Kate Prince on May 12, 2020

The Tennessee Supreme Court entered an order yesterday that reduces the seating of the July 2020 bar exam that is scheduled for July 28 and July 29. The court also approved a policy that establishes protocol for seating applicants. The policy gives priority seating at the July exam to 2019 or 2020 graduates of Tennessee law schools who are taking the exam for the first time. If seats remain, additional levels of seating priorities have been established. Those who cannot be seated at the July exam will be seated at the October exam, scheduled for Sept. 30 and Oct. 1. Additionally, applicants who will be seated at the October exam have the opportunity to transfer their application to the February 2021 exam without additional fees. The Administrative Office of the Courts has the full story.

Posted by: Stacey Shrader Joslin on May 6, 2020

The Tennessee Supreme Court issued an order yesterday approving a reopening plan for the 6th Judicial District in Knox County. According to the Knoxville Bar Association, the plan emphasizes staggered dockets to limit the number of people in courtrooms and courthouses at any given time. The court also this week approved plans for the 2nd Judicial District, 5th Judicial District, 13th Judicial District, 15th Judicial District, 22nd Judicial District, 25th Judicial District, 26th Judicial District and 28th Judicial District. Today, the court approved plans for the 9th and 11th Judicial Districts. See all plans here. All districts now have plans in place.

Posted by: Stacey Shrader Joslin on May 4, 2020

The Tennessee Supreme Court today entered an order making amendments to Rule 10B, section 1 pertaining to the timeliness of a filed motion for recusal or disqualification. On March 30, the court solicited comments on the proposed amendment and said it received comments from the Tennessee Bar Association, Knoxville Bar Association and attorney Elliott J. Schuchardt. The amendments will take effect immediately. Read the order and revised rule.

Posted by: Stacey Shrader Joslin on May 4, 2020

The Tennessee Supreme Court issued an order on April 24 allowing each judicial district to develop a plan to begin conducting additional in-person hearings. A number of districts have submitted plans and have been working with the court to make requested modifications. In addition to approving a plan for the 1st Judicial District, the court has approved plans for seven other districts: 3rd Judicial District, 14th Judicial District, 16th Judicial District, 17th Judicial District, 19th Judicial District, 27th Judicial District and 29th Judicial District. Until a plan is approved by the chief justice, all courts in the district are to operate under the Supreme Court's March 25 order.

Posted by: Stacey Shrader Joslin on May 4, 2020

A story in Friday's issue of TBA Today incorrectly referred to the parties in a Tennessee Supreme Court opinion about the state Consumer Protection Act as being married. In fact, the two individuals are not related and have separate claims pending against hospitals in the state.

Posted by: Stacey Shrader Joslin on May 1, 2020

The Tennessee Supreme Court has approved a proposed plan submitted by judges in the First Judicial District, which will allow the courts to begin hearing in-person cases on May 4. The only modification the court made to the plan was to ensure that there are no more than 10 people — exclusive of judge, court personnel and court security — in a courtroom at any one time. The judges report that this will require staggering of cases and dockets. Other policies to be observed include no spectators or family in the courthouse and witnesses remaining outside the courtroom or courthouse, depending on the volume of each docket.


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