TBA Law Blog


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Posted by: Julia Wilburn on Jan 19, 2024
News Type: Legal News

A second former police officer charged in the death of Tyre Nichols has asked for his upcoming federal trial to be moved outside of Memphis. Demetrius Haley yesterday asked for the trial to be moved outside of the city due to excessive media coverage of the case, according to the Daily Memphian. Haley's attorneys, Michael Stengel and Stephen Leffler, asked the court to consider several options, including moving the trial to Jackson, expanding the jury pool or sequestering the jury. Tadarrius Bean made a similar change of venue request on Jan. 5. The trial is set for May 6.

Posted by: Julia Wilburn on Jan 19, 2024

The Nashville Bar Association announced in an email that the offices of the Davidson County Circuit Court Clerk (Circuit, Probate, General Sessions-Civil, Traffic Violations Bureau and Resource Center) will be closed on today but will have limited staff working remotely. Dockets for the First, Fourth, Sixth and Eighth Courts will operate virtually; Second and Fifth Circuits are rescheduled to Jan. 26; and Third will offer the Bridge line as an option for the docket. Chancery Court I has canceled its docket for today while Chancery Court II has canceled its docket for today and rescheduled for Feb. 9. Juvenile and criminal courts are closed today. General Sessions is closed and attorneys should e-file a notice of new hearing date. Probate Judge Andra Hedrick will offer a hybrid option today. The Bureau of Worker's Compensation remains closed, though previously scheduled telephone or teleconference hearings will proceed. Hearings scheduled for Murfreesboro will be rescheduled. The U.S. District Court for the Middle District of Tennessee opened late at 10 a.m. will close at 1:30 p.m. CST today due to inclement weather. State offices remain closed.

Posted by: Julia Wilburn on Jan 19, 2024
News Type: Passages

Retired General Sessions Judge Robert Donald "Don" Arnold died on Jan. 15 following a lengthy illness. He was 81. A native of Sullivan County, Arnold received his law degree from the University of Tennessee College of Law and settled in Johnson City, where he helped found the law firm of Hicks, Arnold, Haynes & Sanders in 1968. He served as a Johnson City commissioner and later as mayor in the late 1970s. A decade later, he was elected to represent the Third District in the Tennessee Senate, where he was named Republican leader. Later elected to preside over Washington County General Sessions Court Part III, Arnold retired in 2022 after nearly nine years on the bench. Memorial donations may be made to Families Free, a 501(c)3 organization designed to build better communities through the transformation of vulnerable families, especially those affected by incarceration, online at familiesfree.com, or by mail at P.O. Box 5645, Johnson City, TN 37602. Services were held Thursday.

Posted by: Julia Wilburn on Jan 10, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court on Monday declined to hear an appeal targeting an agreement among major U.S. meat suppliers to apportion potential liability for price-fixing claims brought by chicken purchasers Target, Campbell Soup Company and others. Also on Monday, the court declined to hear R.J. Reynolds Tobacco Company's challenge to a voter-approved measure in California that banned flavored tobacco, upholding a lower court's ruling holding that California's law did not conflict with a federal statute regulating tobacco products. On Tuesday, the justices heard arguments in a case over an inconsistently applied increase in bankruptcy fees, with at least three justices appearing hesitant to force U.S. taxpayers to foot a $326 million refund to debtors who paid higher rates. Reuters has the full story on all three decisions.

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

The U.S. Justice Department is issuing new guidance to police to ensure more care and accountability in specialized law enforcement teams like the Memphis Police Department's (MPD) SCORPION unit. NPR reports that one year after Tyre Nichols' death, federal officials are calling for mayors and police chiefs to assess whether specialized units are necessary to solve community problems, to take care that members assigned to such units have clean work and disciplinary histories, and to ensure that members are properly supervised. In related news, a Memphis City Council committee Tuesday split 7-6 in a non-binding vote calling for the replacement of MPD Chief Cerelyn "CJ" Davis. New Memphis Mayor Paul Young has stated publicly that he supports Davis' reappointment, but acknowledged that he would make a change if she does not produce the results the city needs.

Posted by: Julia Wilburn on Jan 10, 2024

The Tennessee Senate’s joint working group studying the possibility of rejecting federal education funding has released its report, stating there were “more questions than definitive answers” on the feasibility of rejecting billions of dollars in federal education funding. An issue with the federal funding, according to House Speaker Cameron Sexton, R-Crossville, who in November contemplated the idea of rejecting the funding, was the concern that federal funds came with too many strings. The report concluded that there are already prohibitions on federal overreach within the large programs that provide funding for education. In addition, the report notes that Tennessee could potentially replace federal education funding with recurring state revenues, but it would do so “at the expense of other potential investments.” WKRN has the story.

Posted by: Julia Wilburn on Jan 10, 2024
News Type: Election 2024

The Chattanoogan reports that Chattanooga attorney Kisha Cheeks picked up papers to run in the Democratic primary, seeking to be the party's nominee to replace retiring Circuit Court Judge Marie Williams in Division III. Two are seeking the Republican nomination: General Sessions Court Judge Alex McVeagh and attorney Michele Coffman. The primary will be March 5 and the general election in August.

Posted by: Julia Wilburn on Jan 10, 2024

The Tennessee House of Representatives today adopted a new rules package in a vote of 70-19 for the 113th Session. Tennessee House members may not use papers or visual aids while they discuss legislation but spectators watching legislative proceedings can still hold 8.5-by-11-inch signs this year. Additionally, House members approved a new rule to temporarily silence members ruled out of order by the speaker. For a first out-of-order offense, the member will not be able to participate in any further discussion of that current subject. If found out of order a second time, the member will have their speaking time reduced from five minutes to two minutes. On a third violation, the member will be barred from speaking on the floor for two legislative days. Guns will continue to be allowed in hearing rooms and banned from the House floor, and bill presentations in committee will be limited to five minutes. The Tennessean has more coverage of the rules package. In other action, House Speaker Cameron Sexton, R-Crossville, implemented a new policy governing access to one of the chamber's public galleries. The West Gallery is now accessible only to those who receive a ticket from a legislator, reports WPLN. Public access to the East Gallery remains on a first-come, first-served basis, Sexton's office tells the Tennessean. The House parliamentarian says the rules allow Sexton to enact policies that address decorum without needing a vote of the members.

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

The Tennessee Commission on Children and Youth (TCCY) on Monday released the “State of the Child in Tennessee 2023” report. The report provides a comprehensive look at the lives and deaths of Tennessee’s children and the economic and social forces that shape their childhoods, from poverty to educational achievement, access to health care and housing. With regard to childhood deaths, the Tennessee Lookout reports that Tennessee has one of the highest overall rates of child homicide in the nation and ranks even higher for the rate of kids killed by guns. Read highlights from the report.

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

Nashville-based law firm Thompson Burton has acquired Huntsville's Maples Law Firm and opened its first out-of-state office. The acquisition adds two attorneys to Thompson Burton’s existing 39 attorneys and a third office to its current spaces in Nashville and Franklin, reports the Nashville Business Journal. The joining of the two firms grows Thompson Burton’s existing bankruptcy and distress practice and expands services to existing clients for both firms in the rapidly growing North Alabama area.


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