Defendant, Aaron Joseph Van Arsdale, appeals his Maury County convictions for vehicular assault, driving under the influence (second offense), simple possession of cocaine, and failure to exercise due care. He contends that: (1) the trial court erred in denying his motion to suppress the results of blood alcohol concentration testing; (2) the evidence is insufficient to support his conviction for vehicular assault; and (3) the trial court erred in ordering restitution. Upon review, we affirm Defendant’s convictions, affirm the restitution order in part, vacate the restitution order in part, and remand for entry of an amended judgment consistent with this opinion.

Registration is now open for the next free advice clinic for Black-owned small businesses and nonprofits, set for April 17 in Nashville. The clinic, sponsored by the Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. Register by April 14 to participate. Attorneys should email vlpa@abcnashville.org to volunteer.

Recent executive orders issued by President Donald Trump include three directing the federal government to review large law firms. An order issued on Feb. 25 calls on the government to review security clearances for “all members, partners and employees" of Covington & Burling as well as all government contracts with the firm. An order issued on March 14, directs the government to review security clearances, contracts and federal building access for attorneys with Paul, Weiss, Rifkind, Wharton & Garrison LLP. On March 21, the president revoked the order after saying the firm “agreed to a number of policy changes.” An order on March 25 directs the government to review security clearances, contracts and federal building access for attorneys with Jenner & Block. In addition to orders naming specific firms, the president signed an order on March 22 directing the attorney general to investigate any law firm that engages in “frivolous, unreasonable and vexatious litigation” against the federal government.

Mississippi lawyer Carlos Eugene Moore was suspended from the practice of law in Tennessee on March 27 after being suspended by the Supreme Court of Mississippi on Dec. 31, 2024. The reciprocal discipline was imposed after the Tennessee Supreme Court reviewed Moore’s response to its Feb. 25 order directing him to demonstrate why the discipline imposed in Mississippi should not also be applied in Tennessee.

The Tennessee Supreme Court permanently disbarred Knox County attorney Douglas A. Trant from the practice of law on March 26. Trant was retained by clients in two separate matters to potentially pursue specific legal objectives that were dependent on the outcome of initial research to establish whether they had viable causes of action. In both cases, Trant accepted a fee to conduct initial research, performed only minimal legal research, and discovered that neither client had a meritorious claim or viable cause of action. However, he falsely stated to each client that their cases had merit and accepted more substantial fees to initiate litigation. He took no further action. He never filed a complaint or initiated litigation, ceased all communication, failed to refund the unearned fees, failed to return client files, and abandoned his clients and their cases. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 1.5, 1.16 and 8.4.

The TBA Creditors Practice Section Executive Council is pleased to announce a section social event at Noble's Central (2292 Rosa L Parks Blvd., Nashville 37228) on Wednesday, April 30, from 5:30-8 p.m. CDT. We hope you will join us for drinks, appetizers and opportunities to network with the executive council and fellow section members. 

Please complete this RSVP by 5 p.m. CDT on April 29 to let us know that you plan to attend. Email TBA Coordinator Brooke Leeton at bleeton@tnbar.org with any questions.

On March 26, the Supreme Court of Tennessee suspended Hawkins County lawyer Gerald Todd Eidson from the practice of law for two years with one year to be served on active suspension and the remainder on probation so long as Eidson engages a practice monitor. The court took the action after determining that Eidson failed to provide competent representation to a client, failed to act with reasonable diligence and promptness during his representation of the client, and failed to inform the Juvenile Court of an earlier misrepresentation regarding the incarceration status of the client, which resulted in prejudice to the administration of justice. His actions were determined to violate Rules of Professional Conduct 1.1, 1.3 and 8.4(d).

Following the Lee administration's release of its amended budget, which includes funding for the new plan for indigent representation in Tennessee, the General Assembly now will move forward with House and Senate consideration. The amended budget, introduced as HB1409/SB1431, has been referred to the House Finance, Ways and Means Subcommittee and the Senate Finance, Ways and Means Committee. In the House, the subcommittee must first consider the bill before sending it to the full Finance, Ways and Means Committee and then on to the floor. In the Senate, the committee must consider the bill before forwarding it the floor. Amendments at each step of the process may be introduced. The legislature’s one constitutionally required charge is to pass a balanced budget, which is one of the last things it will do before adjourning for the year. Learn more about the plan and indigent representation in Tennessee.

Make plans now to join colleagues from across the state at the TBA’s 2025 Annual Convention, set for June 11-14, in the Nashville suburb of Franklin. The Franklin Marriott Cool Springs will serve as the host hotel. Perennial favorites such as the Bench Bar program and lunch, Lawyers Lunch, and joint event with the Tennessee Judicial Conference return to the agenda. For the second year, the Public Service Breakfast will take place during the convention to honor legal aid, private practice and law student pro bono work. CLE programming will include sessions on famous Tennessee trials, the role lawyers played in the Gov. Ray Blanton pardon scandal, an indigent defense and legislative update, AI, wellness, and the future of DEI. For the first time, the TBA also will present a session on the future of legal tech with vendor panelists. Again this year, the Tennessee Lawyers' Association for Women (TLAW) and Tennessee Alliance for Black Lawyers (TABL) will hold meetings and events in conjunction with the convention. Don’t miss this annual gathering of Tennessee lawyers! Access registration, hotel reservation information and more on the event website.

Shelby County lawyer Samuel John Muldavin has received a public censure from the Tennessee Supreme Court. In representing two clients in defense of a detainer action, the court found that Muldavin failed to communicate adequately with clients, had no prior experience handling residential landlord tenant matters and did not complete any research of applicable law or otherwise take any action to prepare for trial. He also agreed to the scheduling of trial for calculation of money damages, fees and costs, despite the inadequacy of service of process. His actions were determined to violate Rules of Professional Conduct 1.1, 1.2(a), 1.3, 1.4, 1.5(b) and 3.3(a)(1).