In the upcoming August election , the most important election is whether to retain the Tennessee Supreme Court Justices . Why is the retention election important ? The battle over the current members of the Supreme Court is really an attack on our system of judicial fairness. Lt. Governor Ron Ramsey has declared war on the judicial
Does the Attorney-Client Privilege Extend past Death ?
Recently , I was faced with a question of whether an attorney-client privilege extends past death . First , I would like to thank the folks at the Tennessee Board of Professional Responsibility for helping me on this issue.
Rule of Professional Conduct 1.9(c) prohibits a lawyer from revealing information relating to representation of a
Should Former Prosecutors Be a Judge ?
I know the headline is provocative in that it questions whether prosecutors should be a criminal court judge. I appear before several judges who are former prosecutors . I believe most are fair and impartial. However , some former prosecutors appear to have difficulty in being a impartial judge. Let’s face it . It is a natural
Should Voters Elect The Tennessee Supreme Court ?
The Tennessean’s, Frank Daniels, III, wrote a recent opinion piece on The Tennessee Plan for judicial selection. Mr. Daniels urges Tennesseans to push for the right to popularly elect judges. Currently, the Supreme Court, the Court of Appeals, and the Court of Criminal Appeals are not elected by popular vote. I do not know if Mr. Daniels has
Follow Up to The Proposed Open Carry Firearms Law
The Dumbest Law Ever
Senator Mae Beavers led the passage for one of the dumbest laws ever passed by the Tennessee Senate. The Open Carry Firearms Freedom Act would allow a person to openly carry a firearm around the streets of Tennessee . No more of those pesky handgun permits where your criminal record is checked . No more
What Does a District Attorney General Do ?
In Davidson County and Rutherford County , there are contested elections for the office of District Attorney. Some voters just have a vague notion of what the duties are of the District Attorney. I have a confession to make, even though I have been practicing criminal defense law since 1994, I never read what the statutory duties are
Should Tennessee Regulate Mugshots ?
Arrested in Nashville, Tennessee? One of the routine procedures in the booking process is taking a mug shot. Here in Nashville, your picture appears in a magazine called Busted where all your friends can see your picture. Some newspapers even publish the mug shots like The Expositor in Sparta, Tennessee. The New York Times ran a story on
Should You Theme Your Oral Arguments ?
All good trial lawyers have a theme for a trial. A theme gives a core to build your facts around. A theme gives the jury something to grab and hold. Should you have a theme for you argument at the Court of Criminal Appeals ?
First , all criminal defense lawyers don’t really like appellate
Why Attorneys Get a Bad Name ?
The Nashville Tennessean has been running a series of articles on the request for legal fees by the public guardian of Nashville . Jeanan Mills Stuart has billed her wards more than $1.1 million dollars from 2009 to 2011. Ms. Stuart bills $225 per hour for such tasks as going to a concert or