U.S. District Judge Waverly D. Crenshaw on Monday ruled that Tennessee's Medicaid program "TennCare" unlawfully terminated health care coverage for thousands of Tennesseans, concluding a four-year-long class-action lawsuit, reports the Tennessean. The court ruled that the state violated the Constitution, federal Medicaid law and federal protections for people with disabilities, stating that "poor, disabled and otherwise disadvantaged Tennesseans should not require luck, perseverance or zealous lawyering to receive health care benefits they are entitled to under the law." Michele Johnson, the Tennessee Justice Center’s executive director, said in a release, “We are proud to have stood with the courageous families that brought the case in order to protect the health coverage of many thousands of their neighbors across the state. We will continue to fight as this case moves forward.”

At its fall meeting on Sept. 28, the TBA Board of Governors will vote on proposed amendments to the association’s bylaws. The changes, recommended by the board’s Operations Committee, would update the office address of the TBA (Section 1), update the method of delivering notices of meetings (Sections 8 and 20), clarify what constitutes a quorum for Board of Governors meetings (Section 12), and modify the process for the election of officers and governors (Sections 40, 41, 42, 43, 44 and 46). Download a redline version that shows the proposed changes. Comments on the changes should be submitted prior to the fall meeting via email to barED@tnbar.org.

The Tennessee Supreme Court has ruled that an alert from a trained drug-sniffing dog can be considered an element of probable cause for a search even though the dog cannot tell the difference between illegal marijuana and legal hemp. The decision stems from a February 2020 traffic stop during which an officer smelled a strong odor in the car and a drug dog "alerted" on the presence of drugs. A passenger's backpack was confiscated and found to contain one ounce of marijuana, a loaded firearm, Ziploc bags and a working scale. The passenger was charged with, among other things, possession of marijuana with intent to sell and possession of a firearm with intent to go armed during a dangerous felony. The defendant attempted to have the backpack's contents excluded from evidence, arguing that the dog could not tell the difference between illegal marijuana and hemp. The trial court agreed and suppressed the evidence. The state appealed and the Court of Criminal Appeals reversed, finding the dog's alert provided sufficient cause for the search. The Supreme Court agreed that there was sufficient cause for the search but clarified that the dog's alert did not on its own justify law enforcement's actions. Rather, it found that the totality of the circumstances, including the dog's alert and other suspicious elements, gave the officers probable cause.

Nashville attorney Peggy Mathes died Aug. 4 at age 74. She received her law degree from Nashville School of Law and practiced family and probate law for more than 40 years. She served as Davidson County's first public administrator until her retirement in 2023. Services will be held at St. George's Episcopal Church, 4715 Harding Pk., Nashville 37205 on Aug. 31 at 11:30 a.m. CDT, with visitation prior to the service at 10 a.m. In lieu of flowers, memorial gifts may be given to the charity of the donor's choice.

The University of Memphis Cecil C. Humphreys School of Law Alumni Chapter honored seven lawyers for their careers and contributions to the legal profession and community during its annual Pillars of Excellence Awards ceremony last month. One of the recipients, state Sen. Ken Yager, R-Kingston, who represents District 12 in East Tennessee, received an award for his outstanding public service. The other honorees included Dorothy J. Pounders, Judge John T. Fowlkes Jr., Leland McNabb, Mark R. Allen, Richard Murrell Carter, David Pickler and Barbara Kritchevsky. The event is the chapter's largest fundraiser and will provide scholarships to law students. The Daily Memphian has the story.

Tennessee along with Texas and 14 other states filed a complaint Friday in the U.S District Court for the Eastern District of Texas against the Biden administration’s "parole in place" program, which offers temporary removal protections and work authorization to immigrant spouses of U.S. citizens. According to Bloomberg Law, the states argue that the program, which aims to help about 500,000 immigrants and their stepchildren, exceeds the Department of Homeland Security’s (DHS) authority and violates constitutional provisions. They seek to block the program, claiming it imposes significant financial burdens and extends DHS’s parole authority beyond legal limits. The department defends the program as lawful and consistent with American values.

The University of Memphis Cecil C. Humphreys School of Law Alumni Chapter honored seven lawyers for their careers and contributions to the legal profession and community during its annual Pillars of Excellence Awards ceremony this past Saturday. One of the recipients, state Sen. Ken Yager, R-Kingston, who represents District 12 in East Tennessee, received an award for his outstanding public service. The other honorees included Dorothy J. Pounders, Judge John T. Fowlkes Jr., Leland McNabb, Mark R. Allen, Richard Murrell Carter, David Pickler and Barbara Kritchevsky. The event is the chapter's largest fundraiser and will provide scholarships to law students. The Daily Memphian has the story.

The Tennessee Administrative Office of the Courts announced this week that 4th Judicial District Circuit Court Judge O. Duane Slone died in a traffic accident over the weekend in Jefferson County. He was 61 years old. Slone was first elected to the court in 1998, and in 2009, co-founded the district’s Drug Recovery Court. According to the AOC, he was recognized nationally as an innovator in his efforts to address the opioid-driven addiction crisis. He served as chair of the eight-state Appalachian-Midwest Regional Judicial Opioid Initiative, the Substance Misuse & Addiction Resources for Tennessee “SMART” Justice Network, and the Tennessee Judicial Conference Problem Solving Court Committee, and was a steering committee member of the National Rural Justice Collaborative and “SMART” Policy Network. Prior to taking the bench, he was in private practice in Dandridge and Sevierville and served as assistant district attorney for the 4th Judicial District. WBIR has details on the accident while WVLT 8 has reflections from the community.

Several state leaders are threatening to withhold state sales tax revenue from Memphis and Shelby County if local officials proceed with a ballot referendum addressing gun-related issues, the Commercial Appeal reports. House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, issued a joint statement that the localities would pay a heavy financial penalty if the ballot measure goes through. Memphis is preparing to vote on measures that would impose stricter gun control within the city, which contradict state laws aimed at easing gun access and preventing local "red flag" laws, the article reports. In related news, Tennessee Secretary of State Tre Hargett says his office will not approve the Nov. 5 ballot for Shelby County if it includes a city referendum on gun-control measures, setting up a potential legal showdown with the Memphis City Council. The Daily Memphian has that story.

Nashville Mayor Freddie O’Connell on Friday introduced four pieces of legislation in response to recent racist activities in Nashville, The Tennessean reports. The bills would clarify the city’s mask ordinance, ban the hanging of banners over highways, prohibit distributing flyers after dark on private property and create a buffer zone around public buildings. “When political violence prevents government functions or creates public safety issues, we must have the tools in our toolkit to respond effectively,” O’Connell said.