Supreme Court

TN politicians praise Supreme Court decision on states collecting taxes from on Internet sales

Overturning older decisions, the U.S. Supreme Court ruled today that states may require most online retailers to collect sales taxes on purchases made by their residents. The 5-4 decision came in a South Dakota case that had seen  Tennessee’s attorney general joining in support of South Dakota’s effort to begin requirement collection of the taxes.

Tennessee’s state Department of Revenue issued a new rule in 2016 requiring internet sellers to collect state and local sales taxes from their Tennessee customers. State legislators let the new rule stand, but implementation has been stalled awaiting court action.

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Supreme Court chief thanks legislators for authorizing three new judges

Press release from the Administrative Office of the Courts

Nashville, Tenn. ­– The Tennessee General Assembly passed legislation this session funding three new judge positions in Tennessee. The new positions will be in the state’s 19th Judicial District, which serves Montgomery and Robertson counties; the 16th Judicial District, which includes Rutherford and Cannon counties; and the 21st Judicial District, which includes Hickman, Lewis, Perry, and Williamson counties.

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Retired TN Supreme Court Justice Frank Drowota dies, age 79

Frank F. Drowota III, who served 25 years on the Tennessee Supreme Court before retiring in 2006, has died at age 79.

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Supreme Court declares Nashville mayor’s election to be held in May, not August

Press release from Administrative Office of the Courts

Nashville, Tenn.  The Tennessee Supreme Court held today that Metro Nashville must hold a special election to fill the Office of Mayor. The decision reversed a ruling of the Davidson County Chancery Court that upheld the action of the Davidson County Election Commission (“Commission”) in setting the election to coincide with the August 2, 2018 election. Under state law, the Commission now must set a special election to be held between May 21 and May 25, 2018.

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AG says proposed anti-discrimination rule for lawyers is unconstitutional

State Attorney General Herbert Slatery is formally opposing a proposed change to professional conduct rules for lawyers that he contends would violate the constitutional free speech rights of Tennessee attorneys, reports the Nashville Post.

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Supremes will decide date for Nashville mayor election

The Tennessee Supreme Court decided today to resolve a dispute over when Nashville’s election of a new mayor should take place. The Metropolitan Nashville City Council has set the vote for Aug. 2, but a lawsuit contends the vote on a full-time successor to Megan Barry, who resigned in a sex scandal, should be in May.

A lower court judge decided the August date should stand, but that was appealed with a request that the Supreme Court take up the matter promptly. In an order issued today, the Supreme Court agreed to do so and set a hearing for April 9.

The court order is HERE. Previous post HERE.

TN Supreme Court rejects AG request for eight early executions; schedules two for later this year

The Tennessee Supreme Court has denied the state attorney general’s request to move up eight execution dates before June 1, reports the Associated Press. Attorney General Herbert Slatery filed the requests Feb. 5 and cited “ongoing difficulty” getting lethal injection drugs.

The court on Thursday did set execution dates for two of the inmates, Oct. 11 for Edmund Zagorski, who was convicted of two murders, and Dec. 6 for David Earl Miller, who was convicted of murdering a mentally disabled woman.

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TN Supreme Court rejects refund of liquor stores’ overpaid taxes

Press release from Administrative Office of the Courts

Nashville, Tenn. – In a unanimous opinion, the Tennessee Supreme Court ruled that a taxpayer must pay disputed municipal taxes under protest before suing for a refund.

The city of Morristown, based on a state statute, adopted an ordinance imposing an inspection fee on licensed alcoholic beverage retailers. The city set the fee at 8 percent of the wholesale price based on the county’s population. By 2011, the county’s population increased, and under the ordinance, the inspection fee should have decreased to a maximum fee of 5 percent of the wholesale price. However, from 2011–2014, the city of Morristown continued to charge alcoholic beverage retailers 8 percent inspection fees instead of the authorized 5 percent fees.  Continue reading

New idea for AG selection: Supreme Court nominates, subject to General Assembly confirmation

A Republican senator said Monday he is revising his resolution that would change the Tennessee Constitution and put the General Assembly in charge of naming the state’s next attorney general, reports the Times Free Press.

Senate State and Local Committee Chairman Ken Yager, R-Kingston, said the move came after discussions with Sen. Art Swann, R-Maryville, who has an amendment to alter Yager’s proposed Senate Joint Resolution 88.

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U.S. Supreme Court rejects appeals of nine TN death row inmates; one execution set for Aug. 9

Press release from Administrative Office of the Courts

The Tennessee Supreme Court set an execution date of August 9, 2018, for Billy Ray Irick, who was convicted of the 1985 murder and rape of Paula Kay Dyer, age 7, in Knox County, Tennessee. The Court received notice from the State Attorney General on January 11, 2018, that the United States Supreme Court had denied the defendant’s appeal challenging the constitutionality of Tennessee’s lethal injection protocol. Under Tennessee Supreme Court Rule 12.4(E), the Court, on its own, may set a new execution date when a case with a previous execution date had stays or reprieves lifted or dissolved. Mr. Irick has had multiple previous execution dates.

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