Schaarschmidt Law Office

09/29/2022

I am very pleased the governor appointed Amanda Dunn as Division II Criminal Court Judge, to replace Judge Greenholtz, who was previously appointed to the Court of Criminal Appeals.

Tennessee Governor Bill Lee on Wednesday announced the appointment of Chattanooga attorney Amanda Dunn to the judgeship in 11thJudicial District Criminal Court.

03/03/2022

Recently the Historic Flatiron Building, which housed my law office for nearly a decade, was sold and is slated to be converted to condos. As a result, I had to move. My new offices are located in Suite 210 of the Four Corners Business Center, at 1200 Mountain Creek Road, Chattanooga, TN 37405.

Building

02/22/2022

Hamilton County Criminal Court Judge Tom Greenholtz has applied for one of two seats that have opened on the Eastern Section of the Court of Criminal Appeals. He is incredible professional and polite to everyone who appears before him, even the defendants. I suspect his quality reputation precedes him, he will ace the interview and be appointed to the Criminal Court of Appeals.

If that happens, the governor would have to appoint a replacement judge for Hamilton County Criminal Court, Division 2. This could get interested, as we presently have three very qualified candidates running for Hamilton County Criminal Court Judge in Division 3. Given that only one person can get elected to Division 3, that would leave two very qualified candidates that could be appointed to fill the position that would be left open if Greenholtz is appointed to the Court of Criminal Appeals.

Hamilton County Criminal Court Judge Tom Greenholtz has applied for one of two vacant seats that opened on the Eastern Section of the Court of Criminal Appeals.

08/26/2021

I cannot count the number of time I read a report, only to watch the officer's body camera footage and find it discredits the narrative the officer wrote in the affidavit of complaint, especially in DUI cases. This is exactly the reason that I order the body cam footage in every DUI case I handle.

While body-worn cameras have mainly proven to be a boon for prosecutors, rather than the all-purpose accountability tools many of us thought they would be [raises hand sheepishly], the mere existence of more recordings is still a net gain for the...

08/05/2021

After noting action by the U.S. Supreme Court, that the CDC didn't have the power to enact it in the first place, President Biden signed an executive order extending it for an additional 60 days knowing his actions are not only unlawful but violate his oath of office to uphold the Constitution. Real estate groups responded by suing to block enforcement.

The effort to revive the lawsuit came a day after the administration announced a new moratorium on evictions in counties hardest hit by COVID-19.

07/30/2021

Good news for landlords, after being prevented from enforcing their rental contracts for months, it now appears the eviction moratorium will be allow to expire tomorrow.

BOSTON (AP) — The Biden administration announced Thursday it will allow a nationwide ban on evictions to expire Saturday, arguing that its hands are tied after the Supreme Court signaled the moratorium would only be extended until the end of the month.

07/29/2021

I have maintained for months that the Centers for Disease Control lacks the authority to impose a pandemic eviction moratorium. The Sixth Circuit has just held that although the CDC has some rule making authority under the Public Health Service Act of 1944, it doesn’t include the power to interfere with landlord-tenant relationships, the U.S. Court of Appeals for the Sixth Circuit said.

A U.S. appeals court ruled on Friday that the Centers for Disease Control and Prevention lacked authority for the national moratorium it imposed last year on most residential evictions to help curb the spread of the coronavirus.

09/30/2020

[T]he panel concluded that, because the Fourth Amendment requires probable cause to seize or detain an individual for a civil immigration offense, it follows that the Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate to justify continued detention pursuant to an immigration detainer.

The Fourth Amendment says law enforcement needs probable cause to effect an arrest. Further probable cause is needed -- as determined by a neutral judge -- to continue holding this person. This isn't even controversial. It has been established...

01/29/2020

Junk forensic science is responsible for putting many innocent people behind bars. Can the field be advanced to prevent this?

04/03/2019

This is just stupid!

Washington's Department of Corrections has quietly banned used book donations to prisoners from nonprofits.

03/04/2019

General Sessions Court judges from across the state recently gathered for a conference in Murfreesboro where they discussed issues related to the opioid epidemic, the effects of vicarious trauma, updates to case law, and more.