The Tennessee court system continues to navigate difficulties providing legal representation to indigent individuals who are guaranteed counsel. The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a plan to address these challenges. Among the innovative elements of the plan is a proposal to utilize strategic and flexible contracting with attorneys. Contracts with attorneys would be tailored to fit the qualifications of the attorney, the complexity of the case type and the particular needs of the judicial district. In addition, attorneys would have options like committing to indigent representation for a percentage of their time, allowing appointed cases to be balanced with other clients. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today.

International health care law firm McDermott Will & Emery has opened an office in Nashville at 222 2nd Ave. S., Ste. 1840 with four new partners: Ken Marlow, Wells Beckett, Stephen Page and Spencer Green. The lawyers, previously with K&L Gates, will lead the office's Health & Life Sciences Practice Group. “Nashville is home to more than 900 health companies and our new presence gives us a strong connection to the unique health and life sciences ecosystem that has formed there," said Kristian Werling, global head of the practice group. "Simply put, it’s a place that McDermott ... should be." Read more from the firm or from the Nashville Business Journal.

Edward Kelley of Maryville was found guilty of involvement in the Jan. 6, 2021, riot at the U.S. Capitol and of plotting in 2022 to kill FBI investigators who were investigating his actions at the Capitol. In January, Kelley received a pardon from President Donald Trump for offenses "related to events that occurred at or near the United States Capitol on Jan. 6, 2021," which Kelley and his lawyer argue includes the conspiracy to murder charge. Prosecutors in the U.S. Attorney's Office for the Eastern District of Tennessee say that the pardon does not apply to the conspiracy charge and have asked a judge to rule on the matter. If the conviction is upheld, Kelley is to be sentenced May 7, facing a maximum term of life in prison, the Tennessean reports.

Lisa Findley, the Missouri woman accused of trying to auction off Graceland, has pleaded guilty to mail fraud in U.S. District Court in Memphis, according to the U.S. Attorney's Office for the Western District of Tennessee. A not guilty plea previously had been entered on her behalf. Findley was indicted last year on charges of mail fraud and identity theft, but the judge dismissed the identity theft charges as part of a plea deal with prosecutors. A sentencing hearing is set for June 19; prosecutors are recommending 57 months in prison, ABC24 reports. WPLN has a statement responding to the news from Tennessee Attorney General Jonathan Skrmetti.

Effective Feb. 24, the Tennessee Supreme Court suspended Shelby County lawyer Aaron Anthony Neglia from the practice of law for 10 years. On June 9, 2022, the Supreme Court suspended Neglia and asked the Board of Professional Responsibility (BPR) to institute formal proceedings. Neglia pleaded guilty in two felony cases and was sentenced in the Shelby County Criminal Court for bribery of a public servant and in the U.S. District Court for conspiracy to violate the Travel Act. On July 19, 2022, the BPR filed a petition to institute formal proceedings in the case. A hearing panel of the board found that Neglia’s conduct violated Tennessee Rules of Professional 8.4(a), (b), (c), and (d), and imposed a 10-year suspension. In November 2024, the court weighed increasing punishment from suspension to disbarment. Following review, the court agreed with the recommendations of the panel and imposed a 10-year suspension but applied a 124-day credit to the term.

More defendants in copyright actions are attacking the copyright registration application and deposit materials and using referral to the copyright office under 17 U.S.C. 411 to hinder or defeat copyright claims. TBA's IP Webcast series continues on March 5 at noon CST with Knoxville attorney John Wood of Egerton, McAfee, Armistead & Davis on Protecting Your Copyright Registration. Wood will review current cases attacking copyright registrations and discuss how to avoid these issues. Intellectual Property Section members save on registration costs. Not a member? Join now!

People imprisoned in Tennessee may soon be able to receive books in the mail again. Last year, the Tennessee Department of Correction (TDOC) revised its policy on book deliveries, restricting who could mail books to incarcerated individuals in an effort to prevent contraband from entering prisons. Following a news report by WPLN News, the Appalachian Prison Book Project, a West Virginia-based nonprofit that serves Tennessee and five other states, was contacted by a senior TDOC official who was unaware of the change. "She had no idea," said project director Katy Welker. "And as a reader herself, she was appalled," WPLN reports. While books still may not be sent directly to prisoners, TDOC is allowing books to be sent to a designated staff member at each facility, who then will distribute them as requested. The Appalachian Prison Book Project says it is now working through a backlog of requests.

NALBANDIAN, Circuit Judge. Lamon Simmons was living in one home and dealing cocaine out of another. Following an eight-month investigation involving confidential buys by a reliable informant and regular surveillance of Simmons, the police got a warrant to search both homes. Simmons now claims that the search of his primary residence was unconstitutional because the warrant lacked probable cause. He argues that the police did not establish a nexus between his home and his drug activity. Because the warrant affidavit sufficiently detailed Simmons’s ongoing drug trafficking and the likelihood that records of that trafficking would exist in his home, we affirm.

The defendant, Alec Byron Harrison, pled guilty to aggravated statutory rape. After a sentencing hearing, the trial court ordered the defendant to serve a three-year sentence in confinement with the Tennessee Department of Correction. On appeal, the defendant contends the trial court erred in sentencing the defendant to confinement. Upon our review of the applicable law, the record on appeal, and the parties’ briefs, we affirm the trial court’s decision.

In this accelerated interlocutory appeal, appellant appeals the trial court’s denial of her motion to recuse. Because appellant failed to comply with the requirements of Tennessee Supreme Court Rule 10B, we dismiss the appeal.