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Yale Kamisar

"The courtroom is a splendid place where defense attorneys bellow and strut and prosecuting attorney is hemmed in at many turns…But what happens before an accused reaches the safety and enjoys the comfort of this veritable mansion? Ah, there’s the rub. Typically, he must first pass through a much less pretentious edifice, a police station with bare back rooms and locked doors.” Yale Kamisar, legal ...

Tennessee Consumer Protection Act

The Tennessee Supreme Court stumbled and fell recently. It held that the same Tennessee Constitution that says the right to a jury trial shall remain inviolate is not violated when the state legislature takes from the people the right to decide how much an injured plaintiff should be compensated. They simply didn’t trust you and me to be able to properly value a case after hearing all the proof. ...

COVID-19 Court Updates

The Tennessee Supreme Court has updated the restrictions that apply to court appearances. The Supreme Court is the highest authority in our state on how the courts all over the state operate. Originally, the Court radically changed the procedures on March 25, 2020, by suspending all jury trials through the end of April. Yesterday, they issued a new order that extends the date of returning to jury ...

COVID-19 Compassionate Release

Many incarcerated clients awaiting trial in federal court have contacted us to ask if they could be released from jail to avoid being infected with the COVID-19 virus. The answer is, “It depends…” It depends on a number of factors but it all comes back to the Bail Reform Act. That Act says a defendant should be granted pretrial release unless the judicial officer determines that release: (1) will ...