TBA Law Blog


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Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

The Tennessee Bureau of Investigation (TBI) on Thursday stated that their rate for processing rape kits fell by 64% from the end of 2022 to March of this year. Action News 5 reports that the state’s turnaround times for sexual assault kits drew heavy scrutiny after the murder of Eliza Fletcher in September 2022. TBI had attributed its long delays to staffing woes and low pay.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

Nashville’s Metro Council has passed legislation requiring the Metro Nashville Police Department (MNPD) to submit quarterly use of force reports. MNPD already presents the council with reports pertaining to crime and traffic stops. Councilmember Delishia Porterfield sponsored the legislation, working on it with MNPD. The data now will include demographic information for subjects (age, gender, ethnicity); specific age of minor subjects; number of instances a firearm was displayed or discharged by an officer, in addition to other use of force; number of incidents where subjects suffered injuries in relation to the use of force and whether these incidents were in compliance with police policy; and if a Taser was used, the total taser discharges and the average number of taser cartridges used per incident. WPLN has the story.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

The gun safety group Everytown has released a report finding that 112,000 guns were reported stolen in the U.S. in 2022, with just over half taken from cars, a number that has tripled in the last decade. The Commercial Appeal reports that the study, which analyzed FBI crime data from 337 cities across 44 states, notes that Memphis had the highest number of cases in 2022 with 2,210 gun theft from car incidents, up from 329 in 2013. Atlanta and St. Louis were in the number two and three spots. The study notes that cities in states with high gun ownership and lax gun safety laws see nearly 18 times the rate of gun thefts from cars compared to states with stronger laws.

Posted by: Julia Wilburn on May 10, 2024
News Type: Legal News

U.S. District Court Judge Aleta Trauger last week ruled that Tennessee teachers can move forward with their lawsuit challenging a three-year-old state law restricting what they can teach about race, gender and bias. The lawsuit claims that the language of the law is unconstitutionally vague and that the state’s enforcement plan is subjective. The statute restricts teachers from discussing 14 concepts that the legislature deemed "cynical" or "divisive." Chalkbeat reports that Trauger also cited shortcomings of related rules, developed by the state education department, to outline the processes for filing and investigating complaints, appealing decisions and levying punishment that could strip teachers of their licenses and school districts of state funding.

Posted by: Julia Wilburn on May 10, 2024

Day five of Well-Being Week in Law focuses on valuing your emotions, developing an ability to identify and manage emotions, and seeking help for mental health when needed. Suggestions for improving your emotional well-being include doing a mental health check-in with yourself by taking a brief mental health self-assessment. Use a mental health checklist to evaluate any areas of risk and make a plan to take action. Explore new things and add variety to your daily routine, which can positively impact mood, well-being and creative thinking. Access resources for incorporating tips from this week into your daily routine.

Posted by: Julia Wilburn on May 10, 2024
News Type: TBA CLE

The TBA’s 2024 Litigation Forum is a live virtual event next week on May 16. Programming will include a session covering Tennessee summary judgement, evidentiary privilege and the ethical implications of artificial intelligence from the perspective of the Board of Professional Responsibility. Speakers include Chattanooga attorney David Nagle with Legal Aid of East Tennessee, Nashville attorney Todd Presnell with Bradley Arant Boult Cummings and Tiffany Tant-Shafer with the Tennessee Board of Professional Responsibility. The program will run from 9 a.m. to 12:30 p.m. CDT.

Posted by: Julia Wilburn on May 7, 2024
News Type: Legal News

The annual Robert Ballow Excellence in Writing Awards were presented to Nashville School of Law (NSL) 4L students in April. Seven students were recognized for their performance in the Rigorous Writing Exercise (RWE) program. The RWE is a project all NSL students embark on as a requirement of graduation. Working with a volunteer mentor from the legal community, students research and write a 15-20 page paper on the topic of their choice. See the list of winners and read their work.

Posted by: Julia Wilburn on May 7, 2024
News Type: Legal News

University of Memphis School of Law Professor Jennifer Brobst is featured on the school's newest episode of the podcast Show Cause. The episode focuses on space tourism, the massive and rapidly growing space industry, and ways to protect and preserve the natural and cultural heritage of space. Listen here or find the episode wherever you get your podcasts.

Posted by: Julia Wilburn on May 7, 2024
News Type: Legal News

The University of Tennessee at Knoxville (UT) and pro-Palestine demonstrators are on either side of a First Amendment debate. The Knoxville News Sentinel reports that UT administrators have reminded demonstrators about a Tennessee law banning late-night camping on state property, a measure enacted by the legislature in the wake of the George Floyd protests to limit the scope of long-term demonstrations. Demonstrators have called their gatherings “spontaneous study sessions," in part a strategy to overcome restrictions on their activities. "We believe we have the right to free speech, the right to address grievances peacefully," Palestinian student demonstrator Hasan Atatrah recently said. "And we believe that right exists even at nighttime."

Posted by: Julia Wilburn on May 7, 2024
News Type: Legal News

Gov. Bill Lee earlier this year ended an expedited clemency program for those sentenced under a previous version of the state's drug-free school zone law. The change was posted to the Tennessee Department of Corrections' website sometime after the program was ended in January, but reportedly was not publicly announced. According to the Tennessean, under the old law, those convicted of a drug crime within 1,000 feet of a school, library, park, day-care center or recreational center were subject to mandatory minimum sentences even for first-time drug offenses. The Tennessee General Assembly changed the law in September 2020 to reduce the radius of a "school zone" to 500 feet. Ending the program means offenders convicted under the old law, and sentenced to longer prison terms than they would be today, have lost what may have been the most viable option to adjust their sentences.


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