TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 22, 2024
News Type: Legal News

Federal Judge Mark S. Norris recently denied six motions to dismiss aspects of the indictment against former Memphis police officers charged in the Tyre Nichols federal criminal case. Five of the six motions were filed by attorneys for Emmitt Martin III and were joined by the other defendants, Tadarrius Bean, Demetrius Haley, Desmond Mills and Justin Smith. Those motions argued that various charges were unconstitutional, vague or lacking specific facts and evidence, and that the prosecution improperly stated Martin's duty to intervene. Norris rejected all of those claims. The sixth motion was filed by attorneys for Tadarrius Bean. They argued that the prosecution failed to give fair notice of his charges. Norris rejected that motion as well, finding that the facts presented in the indictment supported each count on which Bean was charged. Read more about the rulings from the Commercial Appeal.

Posted by: Stacey Shrader Joslin on Jul 22, 2024
News Type: Legal News

Nashville’s Community Review Board is drafting a sexual misconduct policy that members hope will be implemented by the Metro Nashville Police Department (MNPD). Even as MNPD leaders say they maintain a zero tolerance policy, the department has faced scrutiny over its handling of such complaints in recent years, and more recently as part of a whistleblower complaint. The community board says the policy would address workplace misconduct, but also would include guidelines for officer interactions with civilians, the Nashville Banner reports.

Posted by: Stacey Shrader Joslin on Jul 22, 2024
News Type: TBA CLE

The TBA Young Lawyers Division (YLD) is launching a new CLE series designed to enhance attorney wellness by incorporating an outdoor nature component. Join the group on Oct. 23 for the first installment at Old Stone Fort State Archaeological Park in Manchester. The program will offer three hours of ethics CLE and a ranger-guided hike. Register now! The Exploration series will offer future programs at other Tennessee state parks. 

Posted by: Julia Wilburn on Jul 22, 2024
News Type: TBA CLE

Aaron Sorkin’s stage adaptation of the Pulitzer Prize winning book and Academy Award winning movie "To Kill a Mockingbird" has rekindled interest in the role lawyers play in leading their communities. This highly interactive three part series, taught by Doug Blaze and Buck Lewis — founders of the Institute for Professional Leadership at UT Law — will examine the lynching scene on the porch of the jail, the trial and the final scene on the Finch porch after an attempt on the Finch children’s lives. Sessions will take place virtually on July 31, Aug. 28 and Sept. 19. The full program qualifies for 4.5 dual hours of CLE. Register online for Part 1, Part 2 and Part 3.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

Florida joins the list of states transitioning to the NextGen Bar Exam, making it the largest jurisdiction to do so. Reuters reports that the Florida Board of Bar Examiners said its bar exam would continue to include a component testing state law after the July 2028 switch to the NextGen test. Florida joins 21 other states in moving to the NextGen Bar Exam, including Tennessee, which will make the switch in July 2027.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

The Tennessee government has agreed to remove individuals convicted of prostitution while they had HIV from its sex offender registry upon request. This decision comes after the state settled two lawsuits: one from the American Civil Liberties Union and four women who were convicted of aggravated prostitution, and one from the U.S. Department of Justice. The suits argued that Tennessee's laws were based on outdated science and unfairly labeled individuals with HIV as sex offenders. The Tennessee Lookout reports that at least 83 people are believed to be on the state sex offender registry solely because of those laws, with most living in the Memphis area, where undercover police officers and prosecutors most often invoked the the statutes. The Tennessee attorney general's office says it plans to “continue to defend Tennessee’s prohibition on aggravated prostitution,” which makes prostitution a misdemeanor in most cases but a felony for those who are HIV-positive.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

Montgomery County has appointed Teya Moore as juvenile resource coordinator for its juvenile court system. According to Clarksville Online, this newly created position will coordinate community-based services to prevent youth from involvement in the juvenile justice system and provide resources to at-risk children and families. Moore holds a Bachelor of Arts in Criminal Justice and a Master of Science in Human Services with a specialization in Social and Community Services. Previously, she was program coordinator for Catholic Charities in Clarksville and has worked with Clarksville Housing Authority, Blanchfield Army Community Hospital, Soldier Transition Assistance Program and Goodwill Career Solutions.

Posted by: Julia Wilburn on Jul 19, 2024

The Tennessee Supreme Court has ruled that attorneys must promptly pay their annual professional privilege tax or face immediate suspension of their law license. Montgomery County attorney Colleen Ann Hyder was suspended in 2020 for non-payment but continued to represent clients in violation of state regulations. The court upheld a public censure against Hyder for this unauthorized practice, rejecting her claim that she had a grace period to wind down her practice following the suspension. Read more from the court about its findings and a press release from the Board of Professional Responsibility about the suspension.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

Public access to Franklin State Forest is currently restricted as the Tennessee Department of Agriculture investigates vandalism and theft of Division of Forestry (TDF) equipment. TDA’s Agricultural Crime Unit is working with the Tennessee Bureau of Investigation, the Federal Bureau of Investigation, Homeland Security and local law enforcement to arrest those responsible for vandalizing TDF dozers and a transport truck, leaving the equipment with costly, extensive damage. The Chattanooga Times Free Press reports that state officials suspect that opponents of the logging industry are responsible. Read the press release from the department.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

An Arkansas personal injury attorney on Wednesday filed a federal lawsuit against the law firm Morgan & Morgan, alleging "unfair and deceptive advertising practices" and stating that the firm's advertisements violate state attorney professional conduct rules as well as the Federal Communications Commission's rules preventing false or misleading advertising. Reuters reports that Morgan & Morgan said in a statement that the lawsuit "is meritless and will be dismissed." The attorney, who works at a two-lawyer firm, told Reuters it can be difficult to compete with such a big firm, which he said is "stepping on the little guys." Morgan & Morgan has offices in Memphis, Nashville and Murfreesboro.


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