TBA Law Blog

TBA Law Blog

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Supreme Court to Hear Cases at Chattanooga State

Posted by: Katharine Heriges on Sep 19, 2018
The Tennessee Supreme Court will hear oral arguments for two cases on Sept. 19, in front of hundreds of high school students when it brings court to Chattanooga State Community College as part of the court’s SCALES (Supreme Court Advancing Legal Education for Students) program. This program, over 20 years in operation, has allowed over 36,000 students across Tennessee to learn more about the state's legal system and the function of the appellate courts. Prior to the event, volunteer attorneys and judges will visit the students’ classrooms to discuss the actual cases the students will hear and help them understand more about the process.

Court to Hear Arguments on TBA's Proposed Collaborative Family Law Rule

Posted by: Katharine Heriges on Sep 11, 2018
After receiving public comments on a proposed new rule to address “Collaborative Family Law,” the Tennessee Supreme Court has determined that it would be helpful to hear oral argument regarding the proposed changes. A hearing has been set for Oct. 4 on the court’s afternoon docket. The TBA, as the originating  organization for the proposed rule, has been directed to provide a presenter to speak on the topic.

6 Cases Granted Review by Supreme Court

Posted by: Katharine Heriges on Sep 7, 2018
The Tennessee Supreme Court granted review in six cases during the month of August, including two civil cases: one asking if a cycler is at least 50 percent at fault for the accident that killed him, and another involving whether an architect agreement survived a subsequent purchase agreement. Criminal cases include warrantless searches of probationers, abatement of conviction by death, retroactive grading of theft offenses and indictment amendments. The Raybin Supreme Court Hot List reviews the cases and offers predictions.

Supreme Court Solicits More Comments on Rules 6, 7

Posted by: Katharine Heriges on Sep 7, 2018
The Tennessee Supreme Court is soliciting additional comments from judges, lawyers, bar associations and members of the public regarding proposed revisions to Tennessee Supreme Court Rule 6. The change would require “new attorneys to complete a Tennessee Law Course within one year of admission to the Tennessee bar.” On April 19, the Tennessee Supreme Court entered an order soliciting comments with regard to the proposed revision. The court received comments from the Tennessee Bar Association, the Knoxville Bar Association, University of Tennessee law professors, and several interested individuals. The overwhelming majority of responses favored the adoption of a Tennessee Law Course as a pre-admission requirement. Similarly, the Tennessee Board of Law Examiners submitted a proposal for adopting the Tennessee Law Course as a pre-admission requirement under Supreme Court Rule 7. The deadline for submitting written comments is Sept. 28. Comments should be e-mailed to appellatecourtclerk@tncourts.gov or mailed to: James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407. See the first and second attachments here.

Tennessee Supreme Court Rules DUI Fee is Constitutional

Posted by: Katharine Heriges on Aug 23, 2018
The Tennessee Supreme Court has determined that a statute allowing the Tennessee Bureau of Investigation to collect a $250 fee when an individual is convicted of certain drug and alcohol offenses does not deprive defendants of the right to a fair and impartial trial under both the Tennessee and U.S. constitutions. The ruling reverses a February decision from the Tennessee Court of Criminal Appeals. The opinion, written by Justice Cornelia Clark, was unanimous. Attorney General Herbert Slatery praised the ruling, saying it "removes any uncertainty over past DUI convictions."

Tennessee Supreme Court Affirms 60-Day Suspension for Brentwood Attorney

Posted by: Katharine Heriges on Aug 13, 2018
The Tennessee Supreme Court has affirmed the 2014 60-day suspension of Brentwood attorney Michael Gibbs Sheppard from the practice of law. Sheppard’s suspension was based on his failure, over a four-year period, to maintain and monitor client funds in his law firm’s trust account. On appeal, the Williamson Chancery Court modified the hearing panel’s decision by increasing the periods of suspension and probation and by imposing additional conditions of probation. The court reversed the Chancery Court’s judgment modifying the sanction and affirmed the original suspension of Sheppard from the practice of law, as well as the 2-year probation period and 15 hours of continuing legal education requirement recommended by the hearing panel.

TSC Rules on Admissibility of Evidence Obtained Pursuant to a Parole Search

Posted by: Katharine Heriges on Aug 7, 2018
The Tennessee Supreme Court has reversed part of a Court of Criminal Appeals’ decision suppressing evidence in a case involving individuals on supervised release and has affirmed the suppression of evidence against a third party who resided with them. Justice Roger Page wrote the majority opinion, with Justice Sharon Lee filing a separate opinion dissenting in part and concurring in the judgment of the court.

Access to Justice Commission Releases New Strategic Plan

Posted by: Liz Slagle Todaro on Aug 3, 2018

The Tennessee Supreme Court’s Access to Justice Commission has released its fifth strategic plan for improving access to justice in Tennessee. The plan identifies priorities for the next two years, including educating the public on existing resources, encouraging and creating new opportunities for increased pro bono and developing resources to support self-represented litigants. The new plan also includes objectives designed to connect with rural attorneys and local bar associations. The full strategic plan is available on the TN State Court website.  

Court Upholds Lindsey Lowe Conviction, But Finds Exclusionary Rule Reform Act Violates Separation of Powers Clause

Posted by: Katharine Heriges on Jul 20, 2018
In a unanimous opinion issued today, the Tennessee Supreme Court affirmed the convictions of Lindsey Lowe for first-degree murder and aggravated child abuse, stemming from the deaths of her newborn twins caused by her smothering the infants shortly after birth. Prior to trial, Lowe moved to suppress evidence obtained under a search warrant, but the trial court denied the motion to suppress, relying on the Exclusionary Rule Reform Act (ERRA). The Court of Criminal Appeals affirmed the judgments of the trial court, but in its ruling, the Supreme Court found that ERRA violates the separation of powers clause of the Tennessee Constitution, encroaching on the judiciary’s authority by legislatively mandating an exception to the exclusionary rule. However, the Court then adopted a good-faith exception to the exclusionary rule set forth in Tennessee Rule of Criminal Procedure 41 and upheld the trial court’s admission of the evidence seized under the search warrant.

TSC Reverses Trial Court's Exclusion of Evidence in DUI Case

Posted by: Katharine Heriges on Jul 20, 2018

The Tennessee Supreme Court reversed a trial court’s decision to exclude certain evidence obtained from a blood sample drawn from the defendant, Angela Faye Daniel. In this case, Daniel was arrested for driving under the influence, and she was transported to a medical facility for a blood draw. Although the arresting officer obtained a search warrant for the blood draw, the officer failed to leave a copy of the warrant with Daniel. The trial court suppressed the evidence obtained from the blood draw on this basis. On interlocutory appeal by the state, the Court of Criminal Appeals affirmed the trial court’s suppression of the evidence, as so the state appealed to the Tennessee Supreme Court. In its unanimous opinion authored by Chief Justice Jeff Bivins, the court held that a good-faith exception to the exclusionary rule applied in this case, given that any failure of the arresting officer to provide Daniel with a copy of the warrant was due to an inadvertent oversight and that the technical noncompliance did not prejudice her.

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