J. William “Bill” Coley has been appointed by the state Supreme Court to serve as the next chair of the Access to Justice Commission. Coley joined the Commission in 2016 and has led the Faith-Based Initiatives Committee for four years, successfully growing the Tennessee Faith and Justice Alliance into one of the Commission’s most impactful initiatives. Coley is a member of Knoxville firm Hodges, Doughty & Carson PLLC and is a Past-president of the TBA Young Lawyers Division and the Knoxville Bar Association. He also chaired the Legal Aid of East Tennessee’s Campaign for Equal Justice from 2006 to 2007. Justice Cornelia Clark said “Bill demonstrates his commitment to pro bono work and helping his fellow Tennesseans daily, and the Commission will thrive under his leadership.” Coley will serve a two-year term beginning April 1, 2020.

The Tennessee Supreme Court has held that amendments to the theft grading statute enacted in 2016 are applicable when sentencing of a defendant occurs after the effective date of the amendments, even if the underlying offense occurred before the effective date. The Public Safety Act of 2016, which took effect on Jan. 1, 2017, amended the statute providing for grading of theft offenses. Generally, a criminal offender must be sentenced pursuant to the statute in effect at the time of the offense, but the court notes that the legislature enacted a Criminal Savings Statute, which requires the courts to apply the 2016 rules even if the offense occurred before that date. Read more in this press release from the court.

The Tennessee Supreme Court today reversed lower court decisions and ruled that evidence obtained in a probation search should not have been suppressed. The ruling comes after a warrantless search of defendant Angela Hamm’s home resulted in the arrest and joint indictment of Hamm and her husband. Officers found pills, glass pipes, methamphetamine and scales in their home. Hamm was on supervised probation after she was convicted of manufacturing a controlled substance, and the search was conducted based on her probation status. A trial court had granted the defendants’ motion to suppress evidence obtained from a warrantless search and dismissed the indictments, a decision later affirmed by the Court of Criminal Appeals. The Supreme Court held that probation search conditions do not require law enforcement to have reasonable suspicion, ruling that the search was constitutionally reasonable and permissible pursuant to the doctrine of common authority. Justice Cornelia A. Clark and Justice Sharon G. Lee filed separate dissenting opinions in the case.

More than 500 high school students will get the chance to witness the state’s highest court at work when the Tennessee Supreme Court hears oral arguments in two cases tomorrow in Kingsport. A number of local judges and attorneys have been working with students from 12 schools to prepare them for the event. The cases they will hear are Joshua Keller v. Janice Casteel et al. and State of Tennessee v. Steve M. Jarman. Read more in this press release from the court.

The Tennessee Supreme Court heard oral arguments in five cases today in Jackson. The cases are: Paul Zachary Moss v. Shelby County Civil Service Merit Board, Stephen P. Geller v. Henry County Board of Education, State of Tennessee v. Antonio Benson, Roy Franks et al. v. Tiffany Sykes et al., and State of Tennessee v. Carl Allen. Read more about the issues involved in a release from the Administrative Office of the Courts.

Tennessee Supreme Court Justice Holly Kirby recently visited the University of Memphis School of Law and met with students involved in three of the school’s legal clinics: the Elder Law Clinic, Medical-Legal Partnership Clinic and Neighborhood Preservation Clinic. Read more about her observations and the work being done in a press release from the Administrative Office of the Courts.

The Tennessee Supreme Court last week issued an order amending Rule 11, section II of the Rules of the Tennessee Supreme Court to delete subsection (c) in its entirety and replace it with a revised subsection (c), as set out in Appendix A. The court said the change was made to more accurately collect, develop and maintain uniform statistical information about court caseloads across the state.

The Tennessee Supreme Court clarified today that a defendant is entitled to a jury instruction on the defense of necessity when it is fairly raised by the evidence presented at trial, regardless of whether the instruction is requested in writing. Defendant Brandon Cole-Pugh was charged with being a felon in possession of a handgun. Cole-Pugh was involved in a physical altercation at a convenience store when another individual dropped a handgun on the floor. The defendant picked up the gun and exited the store, but before leaving the scene, someone procured a second handgun and two individuals were shot. A Madison County trial court denied defense counsel’s oral request for an instruction on the defense of necessity, after which a jury convicted the defendant. Read the unanimous opinion authored by Justice Roger Page.

The Tennessee Supreme Court recently granted review in nine cases. Civil cases include property deed amendments, attorneys fees, the Health Care Liability Act, non-economic damages caps, wrongful termination and property tax appeals. Criminal cases include ineffective assistance of counsel, bail bonds and delayed appeals. The Raybin Supreme Court Hot List reviews the cases.

The Tennessee Supreme Court today held that a trial court had authority to decide coverage issues in a declaratory judgment action between an insurance company and its insured without considering the case of another party who was involved. This case arose out of an automobile accident on Interstate 24 in Hamilton County. The decision reversed an earlier Court of Appeals ruling.