TBA Law Blog


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Posted by: Kate Prince on Sep 8, 2021

The Board of Judicial Conduct yesterday issued a 30-day suspension for Lewis County General Sessions and Juvenile Judge Michael Hinson. An investigative panel of the board authorized a full investigation into Hinson’s conduct after it was reported that he had made comments during legal proceedings that were perceived as disparaging and derogatory. As a result of the investigation, the panel suspended Hinson for 30 days and ordered that he complete, at his own expense, a judicial ethics program from the National Center of State Courts that addresses demeanor from the bench. He is to provide disciplinary counsel with a certificate of completion. Hinson’s suspension will run from Oct. 2 until Oct. 31, during which time he is prohibited from exercising any judicial power or authority. Read the full order from the Administrative Office of the Courts.

Posted by: Kate Prince on Sep 8, 2021
News Type: Legal News

The Appeals Board of the Tennessee Court of Workers’ Compensation Claims will hold virtual oral arguments in two cases on Sept. 28 at 9 a.m. CDT. The first case, Cody v. G.UB.MK Constructors, deals with exposure to coal ash and when an occupational disease claim is ripe. Philalom v. State Farm will be heard immediately after and will debate the extent of attorney-client privilege. Members of the public are invited to observe the arguments. Links for both cases can be found in the court docket.

Posted by: Kate Prince on Sep 8, 2021
News Type: Wellness Wednesday

Olympic gymnast Simone Biles earlier this year highlighted the ongoing stigma around mental health and disclosure when she stepped back from the Olympics to focus on her own well-being. A recent article from the Harvard Business Review asks an important question: As a manager, how can you prepare yourself for these conversations with your employees? Or, what can you do if you’re the one personally struggling with mental health at work? To help navigate those questions, the article gives a list of book recommendations for individuals and managers. Find all the suggested reading here.

Posted by: Kate Prince on Sep 7, 2021
News Type: Legal News

Former Brunswick, Georgia, district attorney Jackie Johnson, has been indicted on criminal charges stemming from her handling of the shooting death of Ahmaud Arbery, the ABA Journal reports. Arbery, a Black man, was chased and shot by a white father and son while out for a run in February 2020. Johnson was indicted on the felony charge of violating her oath as a public officer and the misdemeanor charge of obstruction of a police officer. The indictment alleges that Johnson showed “favor and affection” to one of the men involved in the killing who had also worked as an investigator in Johnson’s office. It says Johnson also failed “to treat Ahmaud Arbery and his family fairly and with dignity” when she recommended the appointment of another county’s prosecutor without disclosing that she had previously sought the assistance of that prosecutor in the investigation. If convicted, she could face up to six years in prison.

Posted by: Kate Prince on Sep 7, 2021
News Type: Legal News

U.S. Attorney General Merrick Garland on Monday said the U.S. Department of Justice will protect women in Texas who are seeking an abortion as it “urgently explores all options” to challenge the state’s near-total ban on abortions, the ABA Journal reports. Texas’ new state law incentivizes private citizens to sue doctors and others who knowingly help a woman get an abortion after a fetal heartbeat is detected. Garland said the DOJ would rely on civil and criminal enforcement provisions of the Freedom of Access to Clinic Entrances Act. The 1994 FACE Act bans the use or threat of force against people seeking to obtain or provide reproductive health services. Abortion rights groups were handed a narrow victory on Friday after a state court judge issued a temporary restraining order blocking Texas’ largest anti-abortion group from suing Planned Parenthood. The order applies to Texas Right to Life and parties “in active concert and participation with them.” Meanwhile, The Hill reports that rideshare companies, Uber and Lyft, have announced they will pay legal fees for any of their drives who are sued under the new law.  

Posted by: Kate Prince on Sep 7, 2021
News Type: Passages

Judy Wood Franks, longtime Signal Mountain resident and attorney, died on Aug. 26 in Nyack, New York. She was 77. Franks earned her law degree from the University of Tennessee College of Law in 1981 and was editor in chief of the school’s Law Review. Franks clerked for Judge John Beyers in the Court of Criminal Appeals and later for Tennessee Supreme Court Justice Frank Drowota. She was also staff attorney for the Supreme Court. She is preceded in death by her husband, former Chancellor and Chief Judge of the Tennessee Court of Appeals Herschel Franks. A memorial service will be set at a later date. In lieu of flowers, the family ask that donations be made to the American Civil Liberties Union of Arkansas or St. Timothy’s Episcopal Church of Signal Mountain.

Posted by: Kate Prince on Sep 7, 2021
News Type: Passages

LaFollette attorney, Keith Hatfield, died on Sunday after a brief illness. He was 50. Hatfield earned his law degree from the University of Tennessee College of Law and was licensed in 1997. He primarily handled criminal defense cases in Knox and Campbell counties. An avid sports fan, Hatfield hosted sports talk show, “Holding Court,” on Knoxville’s WLAF radio station. A celebration of Hatfield’s life will be held at a later date. In lieu of flowers, the family asks for donations to be made in Hatfield’s honor to Campbell County Animal Shelter, 745 Towe String Rd, Jacksboro, TN 37757.

Posted by: Kate Prince on Sep 7, 2021
News Type: Election 2022

Memphis City Councilman JB Smiley Jr. is expected to formally announce that he is running for governor of Tennessee tomorrow, according to multiple sources familiar with the matter. The Commercial Appeal reports that Smiley’s campaign sent a media advisory inviting the press to an event tomorrow at the Orpheum Theatre where Smiley will address his potential run for the office. Smiley was elected to Memphis City Council in 2019. He represents Super District 8.

Posted by: Kate Prince on Sep 7, 2021
News Type: Legal News

Shelby County General Sessions Judge Louis Montesi today ruled that surveillance video showing the fatal shooting of Alvin Motley cannot be released until a preliminary hearing takes place, the Commercial Appeal reports. Montesi’s order barred the release to ensure the protection of the defendant’s right to a fair trial and impartial preliminary hearing and to protect public trust. The judge had already told the prosecutor’s office to hold off on releasing the video until today’s written order. The preliminary hearing is scheduled for Sept. 28.  

Posted by: Kate Prince on Sep 7, 2021

Charles Levada Shelton, 31, a man being held at Hamilton County’s Silverdale Jail, has died of COVID-19 complications, the Chattanoogan reports. Shelton is the second Silverdale inmate to die from complications of the virus in recent weeks. Morghan Jean Elmore died from apparent COVID-19 complications late last month shortly after she’d given birth in a local hospital. The Silverdale facility is owned by Hamilton County and is run through a private third party. Because this is considered an in-custody death, the Hamilton County District Attorney’s Office has requested the Hamilton County Sheriff’s Office Criminal Investigation Division to conduct an investigation.


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