TBA Law Blog


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Posted by: Amelia Ferrell Knisely on Mar 17, 2016
News Type: Upcoming

Memphis Mayor Jim Strickland will host a fundraiser March 21 at the Hattiloo Theater to benefit people who cannot afford to have their criminal records expunged, The Commercial Appeal reports. A 2012 law allows people convicted of specific nonviolent crimes in Tennessee to have their records expunged for a $450 fee. "There are many people in Memphis who want to find a job or a better job and their records are being held against them," Strickland said. The event is from 5:30-7:30 p.m. There is a suggested $25 donation.

Posted by: Amelia Ferrell Knisely on Mar 17, 2016
News Type: Legal News

An 18-year-old Springfield High student filed a lawsuit Wednesday against the Robertson County Board of Education for allegedly failing to protect him from racial bullying, The Tennessean reports. The suit, filed in the U.S. District Court in Nashville, alleges the high school’s baseball coach retaliated against the teen for reporting the bullying to the school administration. The teen is asking for $300,000 in compensatory damages as well as court costs and attorney fees.

Posted by: Amelia Ferrell Knisely on Mar 17, 2016

The Tennessean lists five Republican state Senators who could receive consideration as Lt. Gov. Ron Ramsey’s successor, following Ramsey’s announcement yesterday that he will not seek re-election. Senate Majority Leader Mark Norris, Sen. Randy McNally and Sen. Jack Johnson are included on the list. The official election for Ramsey’s successor will take place in January.

Posted by: Amelia Ferrell Knisely on Mar 17, 2016
News Type: Legal News

Applications for the annual Max McElhaney Memorial Educational Scholarship, sponsored by the Rocky McElhaney Law Firm, will be accepted through March 31. The $2,500 award is eligible for an undergraduate student, enrolled in a four-year program at a public or private college or university, majoring in either history or education. Application requirements include a written statement of why the applicant should be chosen and a statement of financial need.

Posted by: Amelia Ferrell Knisely on Mar 17, 2016

The Tennessee Supreme Court today ruled that the Metro Nashville Police Department is not required by the Tennessee Public Records Act to release investigation records requested by a group of media organizations in a rape case involving four former Vanderbilt University football players. Media organizations filed a suit on Feb. 5, 2014 after Metro denied The Tennessean the records request, which included any text messages received or sent and any videos provided and/or prepared by any third-party sources. The State and Metro police argued that the requested records were exempt from disclosure under Rule 16(a)(2) of the Rules of Criminal Procedure, but the Davidson County Chancery Court ruled that only some of records were subject to disclosure under the Public Records Act. The Court of Appeals reversed the Chancery Court’s ruling. The Supreme Court ruled that the requested records were exempt from disclosure under Rule 16 and noted that Rule 16 is a state law exception to disclosure under the Public Records Act. The ruling in The Tennessean, et al. v. Metropolitan Government of Nashville and Davidson County, et al., authored by Chief Justice Sharon G. Lee, protects the victim’s privacy while the criminal case and any collateral proceedings are pending. Read Justice Kirby’s separate concurring opinion, and Justice Wade’s dissenting opinion.

Posted by: Amelia Ferrell Knisely on Mar 16, 2016
News Type: Legal News

The Legal Aid Society of Middle Tennessee and the Cumberlands launched its 2016 Campaign for Equal Justice at a luncheon today in Nashville. Campaign Chair Trey Harwell of Neal and Harwell PLC announced that the campaign will seek to raise $827,000 to support free legal assistance across the region. The luncheon included a panel with Margaret Behm, principal at Dodson, Parker, Behm & Capparella, Judy Bond-McKissack, executive director of the Tennessee Commission on Continuing Education, Judge Juliet Griffin, retired from the U.S. District Court, Middle District and Chancellor Carol McCoy, 20th Judicial District, Part II. Forty seven law firms are already supporting the campaign.

Posted by: Amelia Ferrell Knisely on Mar 16, 2016

The Tennessee Supreme Court today reinstated convictions for especially aggravated kidnapping charges and affirmed multiple other convictions arising out of a 1999 home invasion in Memphis and offered clarification on requesting lesser-included offenses. Rashe Moore, one of the men charged in the crime, had appealed his 99-year sentence because he said that he received ineffective assistance of counsel due to his trial counsel’s failure to file written requests for lesser-included offense instructions at trial. In a decision authored by Chief Justice Sharon Lee, the court overturned a Court of Criminal Appeals ruling that Moore was due a new trial on the aggravated kidnapping convictions, saying that the counsel’s failure to appropriately request lesser-included offense instructions requires reviewing courts to conduct a thorough examination of the record. In its review, the court determined that there was no reasonable probability that a jury would have convicted Moore of any lesser offense if given the chance. 

Posted by: Amelia Ferrell Knisely on Mar 16, 2016
News Type: Legal News

Circuit Court Judge Gina C. Higgins has yet to grant a motion filed by the city of Memphis and Shelby County seeking to dismiss a suit against the city and county regarding thousands of untested rape kits. Three plaintiffs say Memphis and the county failed to responsibly handle testing of the kits. Virginia Bozeman, attorney for the county, argued Tuesday in court that the county is immune because the people involved were not county employees. Higgins said she will rule at a later date on the motions, The Commercial Appeal reports.

Posted by: Amelia Ferrell Knisely on Mar 16, 2016
News Type: Legal News

(NASHVILLE, March 16, 2016) — The Legal Aid Society of Middle Tennessee and the Cumberlands launched its 2016 Campaign for Equal Justice at a luncheon today in Nashville. Campaign Chair Trey Harwell of Neal and Harwell PLC announced that the campaign will seek to raise $827,000 to support free legal assistance across the region. “As lawyers we have the honor and responsibility to give back to the community and that is what Legal Aid Society is about – making a positive difference,” Harwell said.

Posted by: Amelia Ferrell Knisely on Mar 16, 2016
News Type: Legal News

A hearing panel of the Tennessee Board of Judicial Conduct ordered a probe of Campbell County General Sessions Judge Amanda Sammons, the Knoxville News Sentinel reports. Sammons is also currently under an investigation by the Tennessee Bureau of Investigation for changing a woman's charges without notifying her or prosecutors. Complaints against Sammons include having defendants arrested for being late to court and the removal of children from their homes without request by the state.


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