courts

TN Supremes look to legislators’ intent in backing multiple gun crime convictions

Reversing the an appellate court decision after reviewing state legislators’ intent in enactment of a state law, the Tennessee Supreme Court has ruled that defendants can be convicted on multiple counts of using a gun in the commission of a crime – not just one.

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U.S. Supreme Court takes up state sales tax dispute; Haslam and Slatery hopeful

Gov. Bill Haslam and state Attorney General Herbert Slatery are both hailing the U.S. Supreme Court’s decision to hear arguments in a case they hope will authorize states to require retailers to collect sales taxes even if they have no physical presence within the state, reports the Times Free Press.

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Appeals court upholds TN constitutional amendment on abortion

By a 3-0 vote, the 6th U.S. Circuit Court of Appeals today rejected a legal challenge to the 2014 vote that added an amendment to the Tennessee Constitution dealing with abortion, overturning a lower federal court ruling that called for a recount. The 6th Circuit decision, on the other hand, is in line with a state court ruling.

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Haslam goes against parole board, exonerates man in 1978 rape conviction

Press release from Gov. Bill Haslam

NASHVILLE – Tennessee Gov. Bill Haslam today issued the following statement on the exoneration of Lawrence McKinney:

“Today I granted Lawrence McKinney’s request for gubernatorial exoneration from his 1978 convictions. Though the facts of this case are complex and reasonable minds may draw different conclusions from them, ultimately I respect the determinations of the Shelby County Criminal Court and District Attorney General that Mr. McKinney was not guilty of the crimes for which he was convicted and would not have been prosecuted if the DNA testing results had been available at the time of trial. Mr. McKinney was released after more than 30 years in prison when the court set aside his convictions in 2009.

“In the eyes of the judicial system, Mr. McKinney is innocent. While I appreciate the hard work and recommendations of the Board of Parole, in this case I defer to the finding of the court charged with determining Mr. McKinney’s guilt or innocence.”

McKinney, 61, was convicted of rape and burglary in Shelby County. had his record expunged after his release from prison where he spent 31 years.

Further, from The Tennessean:

Although he was out of prison and had his record expunged, McKinney still sought an executive exoneration from the governor to enable him to file for compensation with the Tennessee Board of Claims.

McKinney had the support from state Rep. Mark Pody, Pastor John Hunn of Immanuel Baptist Church in Lebanon and attorneys Jack Lowery and David Raybin in his efforts.

…The Tennessee Board of Parole voted unanimously against recommending exoneration for McKinney in 2016. At the time, at least one parole board member questioned the completeness of the DNA evidence that cleared McKinney. 

The governor is not bound to follow that recommendation and can either grant, deny or choose not to act on an executive clemency request.

TN Supremes give Dad custody of kids after Mom’s move to Moonlight Bunny Ranch

Press release from Administrative Office of the Courts

Nashville, Tenn. – In a case involving the custody of two minor children, the Tennessee Supreme Court determined that Father had established that a material change of circumstances had occurred and that it was in the children’s best interests for Father to be designated as the primary residential parent.  The Court also reviewed the Court of Appeals’ immediate issuance of the mandate and its order for custody to be transferred from Father to Mother within twenty days.

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Judge’s law license suspended; legislator says no impeachment plans ‘at this time’

State Rep. Gary Hicks, R-Rogersville, tells the Kingsport Times News he has no plans “at this time” to launch impeachment proceedings against Hawkins County Juvenile Court Judge Daniel Boyd, whose license to practice law has been suspended because of acknowledged “dishonesty.”

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Court of Appeals rules for TV station in DA’s libel lawsuit

The state Court of Appeals has unanimously overturned a lower court ruling that would have required  Nashville TV station WTVF and reporter Phil Williams to turn over documents related to reporting on Davidson County District Attorney Glenn Funk, who has filed a libel lawsuit.

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TN Supreme Court: You can’t claim self-defense if ‘engaged in unlawful activity’

Press release from Administrative Office of the Courts

Nashville, Tenn. – The Supreme Court of Tennessee clarified the law of self-defense when the person making the claim is engaged in unlawful activity at the time the need for self-defense occurred. This clarification is important because some trial courts have not allowed defendants to assert self-defense when it appeared they were engaged in unlawful activity at the time they used force to defend themselves.

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Judge gets reprimand for granting jail sentence reductions for vasectomies

White County General Sessions Jud Sam Benningfied has been reprimanded by the state Board of Judicial Conduct for offering jail inmates 30 days off their time behind bars for getting vasectomies or birth control implants, reports The Tennessean.

Bennifield’s order authorizing sentence reductions for long-term birth control measures was issued in May and rescinded in July after protests. It has led to at least two lawsuits against the judge and the White County sheriff, who oversees the jail in Sparta.

A letter posted on the Board’s public website (HERE) says the judge’s actions threatened confidence in the judicial system.

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TN Supreme Court affirms death sentence in Memphis triple murder

Press release from Administrative Office of the Courts

Nashville, Tenn. – The Tennessee Supreme Court has affirmed the convictions and sentences of death for Sedrick Clayton for the murders of Arithio, Patricia, and Pashea Fisher and the conviction for attempted murder of A’Reco Fisher in Memphis.

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