Supreme Court

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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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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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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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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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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State Supreme Court considers using nationwide test for TN lawyers

Press release from Administrative Office of the Courts

Nashville, Tenn. – The Tennessee Board of Law Examiners has filed a petition with the Supreme Court of Tennessee to adopt the Uniform Bar Examination (UBE), which would be a major change in the portability of bar exam results for aspiring Tennessee attorneys. The UBE is a nationwide test that has been adopted by 28 states and allows takers to transfer scores between states.

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TN Supreme Court seeks pay raise for indigent attorneys

News release from Administrative Office of the  Courts

Nashville, Tenn. ­– The Tennessee Supreme Court, acting on recommendations from its Indigent Representation Task Force, is taking action to reform the state’s method for providing legal assistance to individuals who are unable to afford an attorney.

“The task force confirmed what many of us already suspected: The system needs major reforms,” said Chief Justice Jeff Bivins. “While no perfect solution exists, the Court believes the improvements we commit to today will move the state toward a more efficient, effective means of providing this representation that our federal and state constitutions guarantee.”

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