Shelby County Criminal Court Judge Paula Skahan ruled in favor of the Shelby County district attorney and a local defense attorney, saying that a state law passed earlier this year to strip all post-conviction death penalty proceedings from local district attorneys is unconstitutional, the Tennessean reports. Specifically, Skahan found that the General Assembly did not give proper notice to the public about the law and that the law wrongfully removed jurisdiction from locally elected district attorneys. Shelby County District Attorney Steve Mulroy and defense attorney Robert Hutton brought the suit. They also argued that the law violates the rights of voters but Skahan did not address that issue. The state attorney general has until Aug. 4 to appeal the decision.

Tennessee Attorney General Jonathan Skrmetti reportedly threatened legal action against the NCAA if it had given the University of Tennessee football team a postseason ban as part of its penalties for  recruiting violations involving former coach Jeremy Pruitt. The Knoxville News Sentinel reports that a letter it obtained shows Skrmetti arguing that a postseason ban would violate a new state law allowing players to earn money for their name, image and likeness. The NCAA wrapped up its investigation last week and placed the football program on a five-year probation. The school also will have to pay at least $8 million in fines, cut 28 scholarships, limit recruiting efforts and vacate a number of wins. Pruitt was fired in 2021 after being found guilty of providing thousands of dollars in cash and gifts to players and recruits.

The YLD is replaying a series of CLE webcasts from earlier in the year to help lawyers refresh and rejuvenate their practice. Tune in on Aug. 30 from noon to 1 p.m. CDT for the final installment and learn how to use an engagement letter to protect your practice. A panel will discuss what should be included in an engagement letter to set the tone of the attorney/client relationship and protect yourself, your license and firm. Topics will include what pitfalls to watch out for, common questions potential clients may have, and how to talk to clients about ethical concerns.

The Legal Aid Society of Middle Tennessee and the Cumberlands will hold two clinics this week. Tomorrow, the group will hold a clinic from 4-6 p.m. EDT at its Oak Ridge office, 575 Oak Ridge Turnpike, Ste. 201, Oak Ridge 37830. On Saturday, a general advice clinic will be held from 9:30-11:30 a.m. CDT at Belmont University, 2005 12th Ave. S., Nashville 37204. To volunteer for these clinics, contact Kendra Cheek, 615-780-7131. See all July clinics.

Wilson County lawyer Lindsey Leigh Lawrence received a public censure from the Tennessee Supreme Court today. The court took the action after determining that Lawrence failed to pursue her client’s legal objectives and did not maintain good communication with her client. These actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 8.4(b) and 8.4(d). The court also found that Lawrence posted videos of herself smoking marijuana while identifying herself as a lawyer. By openly engaging in conduct that is criminally actionable in Tennessee, Lawrence demonstrated a lack of respect for the law and legal institutions, the court said.

A three-judge panel of the Fifth U.S. Circuit Court of Appeals today issued a stay of a district court ruling that had limited the Biden administration’s communication with social media companies, The Hill reports. The panel also expedited the Biden administration’s full appeal of the district court ruling from Judge Terry Doughty. Lawyers for the government argued that the district court decision’s “broad scope and ambiguous terms” were stopping it from engaging in a “vast range” of lawful conduct.

Nashville attorney Joanne Sowell has decided not to run as a Democrat for U.S. Senate next year, the Nashville Post reports. Sowell had established a campaign in April and raised nearly $130,000 from individual donors. She filed a campaign termination report today and has returned a large portion of donations. Sowell’s departure from the race leaves state Rep. Gloria Johnson, D-Knoxville, as the only possible candidate who has expressed interest. She told the paper in May that she is “definitely considering a run.”

The Knoxville Bar Association (KBA) today released the results of a survey evaluating four candidates running for Knoxville municipal judge in the Aug. 29 election. The survey asked each KBA member to rate candidates on seven attributes: knowledge, skill, experience, training, education, professional ethics and temperament. The purpose of the survey, according to KBA President Loretta Cravens, is to inform the public of the opinions of attorneys actively practicing in the region regarding candidates’ fitness to serve in a judicial position. Candidates reviewed include Andrew Beamer, Tyler M. Caviness, Judge John R. Rosson Jr. and Mary L. Ward.

Tennessee Attorney General Jonathan Skrmetti today filed a federal lawsuit to immediately stop liquor shipments into the state by six out-of-state companies. The lawsuit alleges that the defendants unlawfully facilitated shipments of distilled spirits for which no state license is available. It seeks an injunction under federal law and the Tennessee Consumer Protection Act. The AG’s office reports that undercover agents from the Tennessee Alcoholic Beverage Commission purchased and received unauthenticated and untaxed distilled spirits from each defendant in violation of the state’s three-tier alcohol licensing system. Earlier this week, Skrmetti helped lead a multi-state effort to advise Fortune 100 companies against employing racially discriminatory employment and contracting practices. Read the letter.

The Tennessee Supreme Court today held that the criminal gang-enhancement statute is worded broadly and does not require the state to specify a criminal defendant’s gang subset in an indictment. The statute also does not require the indictment to set forth that the defendant is in the same gang subset as the individuals whose criminal activity establishes the gang’s “pattern of criminal gang activity.” Read more about the case from the Administrative Office of the Courts or read the opinion.