TBA Law Blog

TBA Law Blog

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Court to Hear Disciplinary Cases in Jackson

Posted by: Barry Kolar on Nov 6, 2018

The Tennessee Supreme Court will hear a pair of lawyer discipline cases when it convenes Wednesday in Jackson. In one case, a Shelby County attorney is challenging a six-month suspension from the Board of Professional Responsibility, while in the second case, a Mississippi attorney is appealing a public censure.

Court Adopts Proposed Changes to Rule 10B, 11

Posted by: Katharine Heriges on Nov 1, 2018
The Tennessee Supreme Court has adopted proposed changes to Rules 10B and 11 of the Rules of the Tennessee Supreme Court. On Sept. 25, the court filed an order soliciting public comments on proposed amendments, receiving only one written comment during the comment period, a comment from the Tennessee Bar Association supporting the proposed amendments. Rule 10B deals with the disqualification or recusal of a judge; filing and disposition of motions and appeal, while Rule 11 pertains to supervision of the judicial system.

Court Grants KBA Additional Time to File Comments on Proposed Rule Change

Posted by: Katharine Heriges on Oct 31, 2018

The Knoxville Bar Association has filed a motion requesting that a proposed amendment to Civil Rule 34 be extended to Civil Rule 33 and a motion requesting additional time to file a comment to the proposed amendment to Criminal Rule 43. The suggestion regarding Civil Rules 33 and 34 will be forwarded to the Advisory Commission on the Rules of Practice and Procedure. The motion requesting additional time to file comments to the proposed changes to Criminal Rule 43 was granted, and the Knoxville Bar Association has until Nov. 9 to file any comments.

Court Solicits Written Comments on Changes to Rule 22

Posted by: Katharine Heriges on Oct 18, 2018
The court is considering amending Rule 22 of the Rules of the Tennessee Supreme Court. The court is soliciting written comments on the proposal, available here, from judges, lawyers, bar associations, members of the public and any other interested parties. The deadline for submitting written comments is Nov. 16. Written comments should be emailed to appellatecourtclerk@tncourts.gov or mailed to James Hivner, Clerk, Re: Tennessee Supreme Court Rule 22 Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Ave. North, Nashville, TN 37219-1407 and should include the docket number.

Tennessee Supreme Court Amends Rule 7

Posted by: Katharine Heriges on Oct 16, 2018
After a period in which members of the public and the profession were asked to make a comment, the Tennessee Supreme Court has amended Rule 7, which requires “new attorneys to complete a Tennessee Law Course within one year of admission to the Tennessee bar.” Read the order here and the amended rule here. Read the comment submitted by the TBA here.

Supreme Court Amends Rule 25

Posted by: Katharine Heriges on Oct 15, 2018
The Tennessee Supreme Court has approved a proposed amendment to Rule 25 of the Rules of the Tennessee Supreme Court, following a period in which comments were solicited from the public and the profession. The Knoxville Bar Association, Chattanooga Bar Association and attorney Terry Cox all submitted comments. Read the order here and the amended rule here.

Court Clarifies Notice Requirements for Enhanced Sentencing

Posted by: Suzanne Craig Robertson on Oct 12, 2018

Today the Tennessee Supreme Court modified a defendant’s sentence after ruling that the state did not provide proper pre-trial notice that it intended to use his prior convictions to obtain an enhanced sentence. With this ruling in State v. Williams, the court clarified the notice requirements for enhanced sentencing.

Correction to Supreme Court’s Adopted Changes to Rule 31

Posted by: Katharine Heriges on Oct 9, 2018
Last week, the Tennessee Supreme Court adopted changes to Rule 31 as well as adopted Rule 31A. On Monday, the court issued a correction to the adopted Rule 31, Appendix A, section 10(a)(1) regarding the Neutral’s role in working with parties in filling out the Parenting Plan Forms, the Marital Dissolution Agreements and other forms.  Monday’s order highlighting the corrected section can be found here.

Tennessee Supreme Court to Hear 2 New Cases

Posted by: Katharine Heriges on Sep 26, 2018
The Raybin Hotlist details two new cases that will be heard before the Tennessee Supreme Court. One concerns polygraph exam evidence: are statements made after a polygraph test admissible? The other covers judicial estoppel: is a former client judicially estopped from claiming her attorney gave her negligent representation after the client swore in the underlying legal proceeding that she was satisfied by the result of the case? Read more here.

Supreme Court Determines Search Warrant Signed By Judge For Property Outside of District Invalid

Posted by: Katharine Heriges on Sep 26, 2018

The Tennessee Supreme Court today held that a Circuit Court judge in Tennessee lacks jurisdiction to issue search warrants for property located outside the judge’s statutorily defined judicial district unless the judge has obtained expanded geographical jurisdiction by interchange, designation, appointment, or another lawful means. Justice Cornelia A. Clark authored the unanimous opinion in State of Tennessee v. Charlotte Lynn Frazier and Andrea Parks.

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