Dan Berexa's Tennessee Law Blog

U.S. Supreme Court Strikes Down D.C. Handgun Ban

  Today the U.S.Supreme Court held that the District of Columbia's total handgun ban violates the Second Amendment. The underlying basis for the Court's decision in District of Columbia V. Heller was that: "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."  However, the majority opinion by Justice Scalia made it clear that many current gun laws are constitutionally permissible and that the right to bear arms under the Second Amendment is not a right without limitations.

I realize the Heller decision is far off-topic for this blog. However, this is a significant decision, no matter where you stand on gun control, and it is mind-boggling that this is the first time the Court has squarely addressed whether the rights conferred by the Second Amendment apply to individuals. 

The opinion, with the syllabus (summary of the majority holding), can be found here.

Dan Berexa
Nashville, Tennessee

 

Free Online Search to Look-up Tennessee Felons

The State of Tennessee Website contains a free Felony Offender Information Look-up. The website contains the following description:

The information available on this Web Site pertains to Tennessee felony offenders who are or who have been in the custody of the Tennessee Department of Correction or under the Supervision of the Tennessee Board of Probation and Parole. The information is submitted by various jurisdictions within Tennessee. Confirmation and/or elaboration should be obtained from the originating jurisdiction. Information such as an individual's current status (e.g., inmate, probation, parole) or parole eligibility is available to citizens free of charge.

Dan Berexa
Nashville, Tennessee

Technophobes - Is Knowing the Law Enough?

 Tom Shumate's recent blog post Are Technophobes Incompetent? discusses the duty of lawyer to keep up with current technology relevant to his or her areas of practice. 10 or 15 years ago, staying current and "competent" primarily meant keeping up with recent appellate decisions and legislative enactments. Now keeping up with technology is just as important to a lawyer (and the client) as keeping up with changes in the law. It is also clear that technology is evolving a much faster rate than the law, and it is more of a challenge to keep up with evolving technology.

Dan Berexa
Nashville, Tennessee

Tennessee Enacts Uniform Interstate Depositions and Discovery Act - Makes it Easier for Out of State Litigants to Subpoena in the Volunteer State

The Tennessee legislature enacted the Uniform Interstate Depositions and Discovery Act, Tenn. Code Ann. §§24-9-201 et. seq. The act, which will take effect July 1, 2008, provides a mechanism for the issuance, service, enforcement and quashing of subpoenas originating from out of state courts. The act applies to the situation where a litigant, in a case pending in another state, wants to conduct discovery in Tennessee. The act requires Tennessee court clerks to issue a subpoena, if presented with a subpoena issued under the authority of a court of record from a state other than Tennessee. "State" includes any territory or possession subject to the jurisdiction of the United States. The act applies to subpoenas for testimony or for the production of documents or things.

Service of the subpoena and any deposition under the act must be in accordance with the Tennessee Rules of Civil Procedure. The act also addresses applications to enforce, quash or modify the subpoena. The full text of the Act can be viewed by clicking  here.

The new law deletes former Tenn. Code Ann. §24-9-103 (Uniform Foreign Depositions Act) in its entirety and does away with the former cumbersome requirement of the issuance of a mandate, writ or commission, from the foreign court, and the filing of a petition in the Tennessee court requesting the issuance of a subpoena of a local witness.  

Dan Berexa
Nashville, Tennessee