TBA Law Blog


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Posted by: Julia Wilburn on Aug 27, 2024
News Type: Passages

Joyce Cassandra Broffitt, former Shelby County Criminal Court judge, died Aug. 23. She graduated from Rhodes College and received her law degree from the University of Memphis Cecil. C. Humphreys School of Law. While in law school, Broffitt worked as a pretrial counselor with Shelby County pretrial services from 1983 to 1988. From 1989 to 1996, she served as the assistant district attorney for Shelby County District Attorney's Office. In 1996, she was appointed as criminal court judge for General Sessions Division Nine and served there until her retirement in 2014. She also served as the judge for the Tennessee Court of the Judiciary. Services will be held Aug. 30 at 10 a.m. CDT with public visitation beginning at 9 a.m. at Serenity Funeral Home, 1638 Sycamore View Rd., Memphis 38134. Interment will immediately follow at the Doggett Family Cemetery, TN-59 N, Mason 38049. In lieu of flowers, memorial gifts be made to St. Jude Children's Research Hospital, LeBonheur Children's Hospital, Rhodes College or Youth Villages.

Posted by: Julia Wilburn on Aug 27, 2024

The Tennessee Republican Party has postponed Oak Ridge Rep. John Ragan’s request to challenge his August primary loss to former Clinton police chief Rick Scarbrough, reports the Tennessee Lookout. A special-called meeting is tentatively scheduled for Sept. 7 and may take place virtually, pending approval from the Tennessee comptroller and secretary of state and despite Ragan's opposition to the "validity" of decisions made during virtual meetings. Ragan lost his Aug. 1 primary race to Scarbrough by 258 votes and days later alleged that Democrats cast "crossover" votes in the Republican primary with the purpose of defeating him.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

Warren & Griffin, one of Chattanooga's largest personal injury law firms, has relocated its offices from the Dome Building downtown to the former Brewer Media headquarters at 1305 Carter St., Chattanooga 37402. Partner C. Mark Warren told the Times Free Press, "We've just outgrown our space in the Dome Building, so when we heard about this space, we jumped on it ... this is a great location and gives us room to continue to grow in our hometown."

Posted by: Julia Wilburn on Aug 27, 2024

One day after Tennessee legislators threatened to withhold sales tax revenue funds from Memphis and Secretary of State Tre Hargett said his office would not approve a ballot that included a city referendum on gun control, the Shelby County Election Commission announced it would not add those questions to the Nov. 5 ballot. The Commercial Appeal reports that county Election Commissioner Mark Luttrell said State Coordinator of Elections Mark Goins instructed the commission to not allow the ballot referendums on the ballot. The Memphis City Council previously had approved three ballot questions on gun control that, if approved, would amend the city's charter. Luttrell said that litigation is anticipated, and election commissioners would not be allowed to answer questions related to the matter.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

U.S. District Judge Waverly D. Crenshaw on Monday ruled that Tennessee's Medicaid program "TennCare" unlawfully terminated health care coverage for thousands of Tennesseans, concluding a four-year-long class-action lawsuit, reports the Tennessean. The court ruled that the state violated the Constitution, federal Medicaid law and federal protections for people with disabilities, stating that "poor, disabled and otherwise disadvantaged Tennesseans should not require luck, perseverance or zealous lawyering to receive health care benefits they are entitled to under the law." Michele Johnson, the Tennessee Justice Center’s executive director, said in a release, “We are proud to have stood with the courageous families that brought the case in order to protect the health coverage of many thousands of their neighbors across the state. We will continue to fight as this case moves forward.”

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

At its fall meeting on Sept. 28, the TBA Board of Governors will vote on proposed amendments to the association’s bylaws. The changes, recommended by the board’s Operations Committee, would update the office address of the TBA (Section 1), update the method of delivering notices of meetings (Sections 8 and 20), clarify what constitutes a quorum for Board of Governors meetings (Section 12), and modify the process for the election of officers and governors (Sections 40, 41, 42, 43, 44 and 46). Download a redline version that shows the proposed changes. Comments on the changes should be submitted prior to the fall meeting via email to barED@tnbar.org.

Posted by: Julia Wilburn on Aug 27, 2024

The Tennessee Supreme Court has ruled that an alert from a trained drug-sniffing dog can be considered an element of probable cause for a search even though the dog cannot tell the difference between illegal marijuana and legal hemp. The decision stems from a February 2020 traffic stop during which an officer smelled a strong odor in the car and a drug dog "alerted" on the presence of drugs. A passenger's backpack was confiscated and found to contain one ounce of marijuana, a loaded firearm, Ziploc bags and a working scale. The passenger was charged with, among other things, possession of marijuana with intent to sell and possession of a firearm with intent to go armed during a dangerous felony. The defendant attempted to have the backpack's contents excluded from evidence, arguing that the dog could not tell the difference between illegal marijuana and hemp. The trial court agreed and suppressed the evidence. The state appealed and the Court of Criminal Appeals reversed, finding the dog's alert provided sufficient cause for the search. The Supreme Court agreed that there was sufficient cause for the search but clarified that the dog's alert did not on its own justify law enforcement's actions. Rather, it found that the totality of the circumstances, including the dog's alert and other suspicious elements, gave the officers probable cause.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Passages

Nashville attorney Peggy Mathes died Aug. 4 at age 74. She received her law degree from Nashville School of Law and practiced family and probate law for more than 40 years. She served as Davidson County's first public administrator until her retirement in 2023. Services will be held at St. George's Episcopal Church, 4715 Harding Pk., Nashville 37205 on Aug. 31 at 11:30 a.m. CDT, with visitation prior to the service at 10 a.m. In lieu of flowers, memorial gifts may be given to the charity of the donor's choice.

Posted by: Julia Wilburn on Aug 26, 2024
News Type: Upcoming

The Chattanooga Bar Association on Sept. 10 will present a public reading of a screenplay written by former Hamilton County Circuit Court Judge W. Neil Thomas III about the trial of Ed Johnson. The event will take place from 3-5 p.m. EDT at the Hamilton County Courthouse, 4th Floor – County Commission Room, 625 Georgia Ave., Chattanooga 37402. Thomas is the great-nephew of Will Thomas, one of the attorneys assigned to defend Johnson, who was accused of rape and ultimately lynched in Chattanooga in 1906. The screenplay recognizes Johnson's death and sacrifice and honors the historic efforts of attorneys Noah Parden and Styles Hutchins. Judges, elected officials, attorneys, pastors and community leaders will participate in the event. Download the cast list here. Friends of the Ed Johnson Memorial said of the event: “It is critical for communities across the country, including Chattanooga, to do the difficult work of unearthing and confronting our own histories of racial injustice, while exploring how that history continues to shape the present.” Contact Jane Bowen, judicial administrator, with questions.

Posted by: Julia Wilburn on Aug 21, 2024

Belmont Law is looking for volunteers for a Power of Attorney (POA) Clinic at Casa Azafran on Sept. 7 from 10 a.m.-3 p.m. CDT. Morning and afternoon shifts are available if volunteers are not able to commit to the full day. At this clinic, attorneys, with the assistance of law students, will help clients fill out POA for Care of a Minor Child forms. Volunteers also will be paired with a translator. Lunch will be provided. Email Ginny.Blake@belmont.edu to volunteer. At least five volunteers are needed for both the morning and afternoon shifts.


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