TBA Law Blog


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Posted by: Julia Wilburn on Mar 28, 2023
News Type: Legal News

The Commercial Appeal reports that Shelby County District Attorney Steve Mulroy will seek the death penalty in the case against Ezekiel Kelly, who is accused of driving around Memphis and shooting people at random on Sept. 7, 2022. Kelly, 19, has been charged with three counts of first-degree murder, along with 23 additional charges. The shooting spree left three additional people injured. Mulroy said four factors affected the decision to pursue the death penalty. He cited a previous aggravated assault conviction, along with alleging Kelly committed "mass murder" during the spree. Mulroy also said the murders were "committed in the course of an act of terrorism." His fourth factor was the randomness of the shooting.

Posted by: Julia Wilburn on Mar 28, 2023
News Type: Legal News

Four of five former Memphis police officers charged in the killing of Tyre Nichols, a Black man who was handcuffed, brutally beaten and ignored by first responders for crucial minutes despite being barely conscious, can no longer work as law enforcement in Tennessee. The Associated Press reports that the Peace Officer Standards & Training Commission, or P.O.S.T., voted Friday to decertify Demetrius Haley, Emmitt Martin and Justin Smith. The state panel also approved the decision by Desmond Mills to surrender his certification. The former officers have 30 days to appeal.

Posted by: Julia Wilburn on Mar 28, 2023
News Type: Legal News

Judge James G. Martin III retired from the bench after 16 years as circuit court judge in Williamson County's 21st Judicial District. He now is of counsel to Schell & Oglesby in Franklin. Martin practiced law in Middle Tennessee from 1974 to 2008; additionally, he served as city attorney of Franklin for over a decade. While serving as judge, he worked to revise the statutes and rules that govern the practice of marriage and family law. Martin also served as presiding judge for the 21st Judicial District Recovery Court from 2014-2022. He was named the 2019 Judge of the Year by the Tennessee Association of Recovery Court Professionals and recipient of the TBA's Justice Frank F. Drowota III Outstanding Judicial Service Award in 2022. Martin now will focus on general civil and family law as well as mediation services as a Licensed Rule 31 Mediator.

Posted by: Julia Wilburn on Mar 28, 2023
News Type: TBA CLE

This year's Dispute Resolution Forum makes its return in person, also offering a Zoom simulcast. Join colleagues for carefully crafted sessions tailored to both lawyers and mediators featuring accomplished speakers from the ADR vocation. Topics include crafting a settlement, the art of negotiation, a discussion of litigation and/vs. arbitration in court, handling pro-bono cases, and more. The forum will take place on May 19 from 9:30 a.m. to 2:30 p.m. CDT at the Nashville office of Butler Snow, 150 3rd Ave. S., Nashville 37201.

Posted by: Julia Wilburn on Mar 23, 2023
News Type: Legal News

Guardians ad litem in the state have not had a pay increase since since it was set at $50 per hour in 1997, the Tennessean reports. That's created a problem for the court-appointed attorneys taking on the cases and made it harder to recruit new attorneys. One source of new funding could be a federal program under the Social Security Act, and Tennessee’s Department of Children’s Services and the state Administrative Office of the Courts tells the Tennessean that they "are working collaboratively to develop a model for potential use of IV-E funds that fits Tennessee's specific needs, with a particular focus on prevention opportunities.”

Posted by: Julia Wilburn on Mar 23, 2023
News Type: Passages

James S. Tipton Jr., 74, died on March 20. A Knoxville native, Tipton was a graduate of the University of Tennessee and Duke University College of Law, where he was a member of the Order of the Coif. He practiced with Gentry Tipton & McLemore and was a member of the Knoxville, Tennessee and American Bar Associations. Active in the community, Tipton served for years as director and/or attorney for various non-profit charitable organizations, including Oak Home, YOKE, YMCA of Metropolitan Knoxville, Ethel Brickey Hicks Charitable Corporation, Bleak House Historical Library, Tau Beta Pi Engineering Honor Society and various local churches. Visitation is Friday from 4-8 p.m. EDT at Berry Funeral Home, 3704 Chapman Highway, Knoxville 37920. A funeral service will take place Saturday at 1 p.m. EDT at New Hopewell Baptist Church, 943 Kimberlin Heights Rd, Knoxville 37920, with a graveside service immediately following.

Posted by: Julia Wilburn on Mar 23, 2023
News Type: Upcoming

University of Memphis Cecil C. Humphreys School of Law will host the 2023 Herff Chair of Excellence Symposium on Household Finance and Community Development: Assessing Challenges, Inequities, and Opportunities on March 31. Click here for information about the schedule, panelists and to register.

Posted by: Julia Wilburn on Mar 23, 2023

Join the Nashville YWCA for a special Women’s History Month Stand Against Injustice webinar — Women Empowering Women — featuring community leaders and historians. This virtual lunch and learn is taking place on March 29 from noon–1 p.m. CDT. Click here to register for this free event. The webinar will focus on the legacy of the Blue Triangle Branch of the YWCA and the trailblazing African-American women who dedicated themselves to civil and human rights.

Posted by: Julia Wilburn on Mar 23, 2023

The Tennessee Lookout reports that legislation seeking to block Tennessee’s Medicaid program from contracting with any insurance company that covers gender transition healthcare in another state has stalled in the Senate. HB1215/SB1339, sponsored by House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, would eliminate all of TennCare’s contracts with managed care organizations covering gender-affirming care in other states. BlueCross BlueShield, United Healthcare and Anthem are currently allowed to sell TennCare plans and all three cover gender transitions in other states — but not through TennCare. TennCare covers over 1.7 million income-qualifying Tennesseans, half of which are children.

Posted by: Julia Wilburn on Mar 23, 2023
News Type: Legal News

The Memphis Police Department (MPD) says it will move forward with a decertification request for MPD Lt. Dewayne Smith, who was on the scene of the Tyre Nichols beating but retired with benefits a day before a hearing to fire him. The Tennessee Peace Officer Standards and Training Commission (P.O.S.T.) scheduled a hearing Thursday about the decertification request, but MPD then asked to rescind the request. P.O.S.T. called on the department to answer questions as to why it was going back on the decertification request. Then this morning, MPD halted that request to stop the decertification, calling the request “a misunderstanding.” ABC24 has the full MPD statement and additional details about Smith’s actions the night Nichols was beaten.


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