TBA Law Blog


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Posted by: Amelia Ferrell Knisely on May 11, 2016
News Type: Legal News

Embattled Alabama Supreme Court Chief Justice Roy Moore is blaming a small-town drag queen as the reason he’s at risk at losing his job. Moore is currently suspended after sending an order to state probate judges in January that said state laws against gay marriage remained in place months after the U.S. Supreme Court overturned the ban on same-sex marriage. Ambrosia Starling, a man who dresses as a woman to perform drag shows, led the charge five months ago as more than 40 complaints were filed against Moore. "If it takes a drag queen to remind you that liberty and justice is for all, here I am," Starling said. Read more from the Associated Press

Posted by: Amelia Ferrell Knisely on May 11, 2016
News Type: TBA CLE

The TBA will host seven live CLE programs in the coming weeks in Knoxville and Nashville. Course topics include animal law, real estate and criminal law. Search the full course catalog.

Posted by: Amelia Ferrell Knisely on May 10, 2016
News Type: Politics

The Tennessean reports the American Counseling Association canceled its Nashville conference next year, citing concerns about a new state law that allows licensed counselors or therapists to deny service based on counselor’s “sincerely held principles.” Also citing concerns over the new law, Philadelphia Mayor Jim Kenney yesterday announced a ban on publicly funded, non-essential travel by city workers to Tennessee. Read more from the Associated Press.

Posted by: Amelia Ferrell Knisely on May 10, 2016

The Tennessee Supreme Court today unanimously upheld a White County man’s DUI conviction and held that the community caretaking doctrine is an exception to the federal and state constitutional warrant requirement. The decision follows an appeal from Kenneth McCormick, who was arrested for DUI in 2012 after an officer found him in his parked car, and he failed three field sobriety tests. McCormick attempted before trial to suppress any evidence obtained by the officer who approached his car during the wellness check, arguing that the officer should not have seized him without either a warrant or a basis for believing a warrantless seizure was appropriate. The trial court denied McCormick’s motion and a jury found him guilty. A Court of Criminal Appeals had upheld the trial court’s ruling. Read the opinion in State of Tennessee v. Kenneth McCormick, authored by Justice Cornelia A. Clark.

Posted by: Amelia Ferrell Knisely on May 10, 2016

The health care task force, created by House Speaker Beth Harwell in April, held its third meeting yesterday in Memphis. The Commercial Appeal reports task force chairman Rep. Cameron Sexton, R-Crossville, said the group will re-evaluate which parts of Gov. Bill Haslam’s Insure Tennessee Plan can be supported by the General Assembly after the full plan failed to win legislative approval. Sexton added the group, dubbed the “3-Star Healthy Project,” could attempt to ease restrictions on faith-based health care organizations. 

Posted by: Amelia Ferrell Knisely on May 10, 2016
News Type: Legal News

A new antidiscrimination rule proposed by the American Bar Association had drawn a mixed review in public comments from nearly 500 members of the legal community. The proposal would deem it “professional misconduct” for a lawyer to harass or discriminate based on factors such as race, sex, religion or socioeconomic status. The proposal drew mostly positive review reactions during a public hearing in February. However, Alabama Supreme Court Chief Justice Roy Moore criticized the proposal, saying it was “one more attempt to forcibly elevate sexual behavior, appetites, and self-styled identity to the level of unchanging characteristics.” Read more from The Wall Street Journal.

Posted by: Amelia Ferrell Knisely on May 10, 2016
News Type: Legal News

The Tennessean explores “privacy versus saving lives” as it reports the state prison system does not notify a victim who was raped by an inmate with hepatitis C.  At least 3,487 Tennessee inmates — about one in eight — have tested positive for hepatitis C. Health and legal experts suggest treating people with the condition in the prison system could potentially eliminate the disease in society altogether. 

Posted by: Amelia Ferrell Knisely on May 10, 2016

A marker recently placed inside the doors of the Tennessee Supreme Court Building in Nashville notes the building’s place on the National Register of Historic Places. The building, completed in 1937, was constructed as the first building specifically for the Supreme Court’s use. 

Posted by: Amelia Ferrell Knisely on May 10, 2016
News Type: Legal News

The Blount County Youth Court program recently recognized its six outgoing seniors who have sat on the jury, The Daily Times reports. Youth court jurors, comprised of local high school students, hear court cases involving select nonviolent juvenile offenders. “One thing I learned: Do not judge a book by its cover,” said senior member Katie Cohen. The Blount County Youth Court was founded in 2013 in part by Cohen’s mother, attorney Lynn Peterson. Learn more about Youth Courts in Tennessee.

Posted by: Amelia Ferrell Knisely on May 10, 2016
News Type: Legal News

The Washington County Public Defender’s Office has moved to 1102 Sunset Drive in North Johnson City. Johnson City Press reports the office’s landlines are not completely installed, but Public Defender Jeff Kelly said those who need the office may call 423-434-6845 and they will be given the cell phone number of an attorney. 


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