TBA Law Blog


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Posted by: Katharine Heriges on Jun 2, 2017
The Tennessee Supreme Court has unanimously ruled that a defendant in a criminal case has no right to appeal a decision denying his request for the return of property that was seized during a criminal investigation when the defendant failed to file a pretrial motion to suppress the evidence. Ray Rowland of Memphis had property, including firearms, seized from him and he later pleaded guilty to aggravated assault by use or display of a deadly weapon. Rowland filed a motion for return of the firearms three years later. That motion was denied, but was granted on appeal. The Supreme Court reversed the Court of Criminal Appeals and dismissed the appeal.
Posted by: Katharine Heriges on May 31, 2017
The Tennessee Supreme Court is seeking comments on a petition seeking to amend Tennessee Supreme Court Rule 7, section 7.01, which governs educational requirements for admission of foreign-educated applicants to the practice of law in Tennessee. The petition -- filed earlier this year by the University of Tennessee and Vanderbilt University -- can be viewed here. Comments may be submitted to James M. Hivner at the Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Ave N, Nashville, Tenn., 37219-1407 or via email at appellatecourtclerk@tncourts.gov.
Posted by: Katharine Heriges on May 31, 2017
The Tennessee Supreme Court had amended Rule 7, sections 5.01(i) and 10.01(j), regarding the minimum requirements for admission of persons admitted in other jurisdictions and the registration of in-house counsel. The full amended text can be viewed here.
Posted by: Katharine Heriges on May 25, 2017
The Tennessee Supreme Court has approved minor modifications to the plain language forms for uncontested divorces with no minor children, as recommended by the Access to Justice Commission. These changes were necessary to ensure that the plain language forms adopted in 2011 for uncontested divorces with no minor children are consistent with the same forms that were adopted in 2016 for uncontested divorces with minor children, according to the court documents. The order as well as the changes can be found here.
Posted by: Katharine Heriges on May 24, 2017
An attorney’s five-year suspension over a fee dispute with a client was upheld by the Tennessee Supreme Court today, with the Court concluding that the sanctions weren’t arbitrary or an abuse of discretion. The disciplinary matter occurred after attorney Peter M. Napolitano lied under oath during a fee dispute with a client. He also failed to maintain disputed funds in his trust account.
Posted by: Katharine Heriges on May 23, 2017
The Tennessee Supreme Court has reversed a decision of the Court of Appeals, which declined to award attorney’s fees on appeal in a post-divorce proceeding. In a divorce case, the husband and wife agreed to a provision that would award attorney’s fees to the prevailing party in any subsequent legal proceedings. A trial court awarded the wife, as the prevailing party, the attorney’s fees she requested, but the Court of Appeals declined to award fees for the appeal. In a unanimous opinion, the Supreme Court found that the Court of Appeals must apply standard rules regarding contractual interpretation and enforcement.
Posted by: Katharine Heriges on May 18, 2017

Tennessee joined five other states to in support of the Regional Opioid Initiative (RJOI), which has developed an action plan with strategies to combat the growing opioid epidemic. The initiative is the result of a Regional Judicial Opioid Summit held in August of 2016, which brought together multi-disciplinary representatives from across Illinois, Indiana, Kentucky, Michigan, Ohio and Tennessee. RJOI stakeholders are comprised of chief justices, judges, legislators, behavioral health treatment providers, medical experts, prescription drug monitoring program (PDMP) managers, regulatory agencies, child welfare representatives and others.

Posted by: Katharine Heriges on May 11, 2017

Tennessee Supreme Court Justice Cornelia Clark, Sharon G. Lee and Holly Kirby served on a panel as part of the Southeast Tennessee Lawyers' Association for Women's (SETLAW) Ladies of Justice "Lunch and Learn" event at the Hamilton County Criminal Courthouse in Chattanooga. The panel was moderated by SETLAW President Sara McManus of Baker Donelson. The justices spoke about how they decided to become lawyers, who their mentors were, the career challenges they have faced and their advice for other women. 

Posted by: Katharine Heriges on May 1, 2017

The Tennessee Supreme Court has affirmed James Hawkins’ premeditated murder conviction and sentence of death for the 2008 murder of Charlene Gaither, Hawkins’s long-term girlfriend and the mother of his children. Proof at trial showed that Hawkins had murdered Gaither because she threatened to expose his sexual abuse of their daughter. The Court of Criminal Appeals upheld his convictions and the jury's death sentence. Upon its automatic review of the case, the Supreme Court ruled that, although Hawkins was illegally seized without a warrant, the admission into evidence of the statement he gave while illegally held was harmless error beyond a reasonable doubt, and any impropriety had not deprived Hawkins of a fair trial. Justice Cornelia Clark wrote the majority opinion, while Justice Sharon Lee authored a concurring opinion.

Posted by: Katharine Heriges on Apr 20, 2017
In a family dispute over land, the Tennessee Supreme Court has held that, where two persons own land as joint tenants with a right of survivorship, if one of them transfers her interest in the land to someone else, that action terminates both of the joint tenants’ survivorship interests. Justice Sharon Lee filed a dissent in which she argued it would be better to follow the law in jurisdictions such as Michigan or Oregon that do not allow a joint co-tenant to act unilaterally, protecting the rights and expectations of the joint tenants.

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