Tennessee Court of Criminal Appeals Judge Camille McMullen last week overturned the second-degree murder conviction of William Britton. The Tennessean reports that McMullen overturned Britton's conviction and remanded the case back to a Davidson County courtroom for a new trial after she found evidence — rap lyrics and screen shots of music videos — presented during the trial were highly prejudicial. Britton performed as a rapper under the name Lil Will. Prosecutors in the 2022 case used Britton's rap lyrics as proof of his state of mind, arguing that the 2020 killing of Kendall Ostine was premeditated. The appeal was part of oral arguments during the TBA's Court of Criminal Appeals Boot Camp in October.

The TBA will be closed Monday in observance of the Martin Luther King Jr. Day. The office will reopen Tuesday at 8 a.m. CST. Visit the TBA.org website for information on CLE or other TBA programs and for staff contact information.

President Joe Biden has asserted that the Equal Rights Amendment (ERA), which prohibits discrimination based on sex, is part of the Constitution, arguing it has met the criteria to be added as the 28th Amendment, The Hill reports. "The American Bar Association (ABA) has recognized that the ERA has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution,” Biden said. He also affirmed that the 28th Amendment guarantees all Americans equal rights and protections under the law regardless of sex. Biden said the ERA “is the law of the land” because it was passed by a two-thirds majority in Congress and ratified by three-quarters of the states. However, he has not directed the archivist to formally add the amendment to the Constitution, which could invite legal challenges, the news outlet reports.

A Texas judge ruled Thursday that three states can move forward with another attempt to roll back federal rules and limit access to the abortion drug mifepristone. Action News 5 reports that Idaho, Kansas and Missouri requested last year to pursue the case in federal court in Texas after the U.S. Supreme Court issued a narrow ruling finding that abortion opponents who initially filed the case lacked legal standing to sue. The states seek to have the Food and Drug Administration (FDA) prohibit telehealth prescriptions for mifepristone, limit its use to the first seven weeks of pregnancy instead of the current 10 weeks and require three in-person doctor visits to obtain the drug instead of none. Nationwide, 13 states ban abortion at all stages of pregnancy, with some exceptions, while four more prohibit the procedure after the first six weeks.

Tennessee Attorney General Jonathan Skrmetti has announced a settlement with BlackRock Inc. resolving allegations that the global investment firm misled consumers about the role of environmental, social and governance (ESG) factors in its investment practices. The settlement concludes a lawsuit filed by the state of Tennessee in 2023 under the Tennessee Consumer Protection Act. According to a press release, BlackRock must increase its disclosure, implement compliance measures, ensure communications with investors are consistent and commit to casting shareholder votes solely in the financial interests of investors. As part of the settlement, Tennessee will dismiss the lawsuit without prejudice, reserving the right to refile if BlackRock fails to substantially comply.

The Supreme Court unanimously upheld a law requiring TikTok’s China-based parent company to divest from the app, setting up a ban to take effect Sunday. The justices sided with the Biden administration, ruling the divest-or-ban law does not violate the First Amendment, The Hill reports. President-elect Donald Trump had previously urged the justices to delay the deadline so he could negotiate a deal, but the court declined. The Biden administration does not plan to enforce the law before the inauguration, leaving the decision to Trump and seemingly allowing the app to stay online for now. The court was unanimous in its judgment, though Justices Sonia Sotomayor and Neil Gorsuch filed separate concurrences. TikTok has argued divestment is not feasible and that it will “go dark” starting Sunday.

The U.S. Department of Justice is rescinding its protocol that allowed single-drug lethal injections for federal executions. The Tennessean reports the decision to not use pentobarbital, a sedative that is notoriously difficult for governments to source, comes after a department review raised concerns about the potential for "unnecessary pain and suffering." The decision was communicated in a letter from the attorney general to the director of the federal Bureau of Prisons. Last month, Tennessee decided to resume executions using solely pentobarbital, after a yearslong pause related to the combination of drugs used before. The pause on federal executions remains in place while the U.S. Department of Justice evaluates other manners of execution.

Longtime Knoxville criminal defense attorney Wade Davies has opened The Davies Law Firm. He is joined by associate attorney Georgia Miller and paralegal Meghan Franklin. The firm will focus on federal and state criminal defense, white collar investigations and defense, and BPR matters. Their office is located at 800 S Gay St #700, Knoxville 37929 and can be reached at (865) 686-6333 or online at wadedavies.law. Davies is a member of the Tennessee Bar Journal editorial board and the criminal law columnist for Journal.

Combining the disciplines of history and law, Memphis attorney Bryce Ashby and Rhodes College history professor Michael J. LaRosa in a new book explore the economic and historical challenges present in each Latin American nation that force "out" migration. "Immigration, Policy and the People of Latin America: Seven Sending Nations" unpacks the contemporary socio/political and economic realities of the seven sending nations — Colombia, Cuba, Haiti, Honduras, Guatemala, Mexico and Venezuela — and explains the complexity of immigration laws (as passed by Congress), executive actions taken by individual presidents in the United States, and some state initiatives. Read an interview with the authors and Chapter 16.

The Tennessee Supreme Court has addressed allegations from the U.S. Department of Justice (DOJ) that the Tennessee Board of Law Examiners (TBLE) and the Tennessee Lawyers Assistance Program (TLAP) violated the Americans with Disability Act by discriminating against two bar applicants “due to a substance use disorder or mental health disorder.” In a news release, the court says it “strongly disagrees” with the assertion that either agency discriminated against applicants based on health status or disability. “Both TBLE and TLAP follow well-established administrative processes that are designed to avoid discrimination against any applicant.” The statement continues that the court, TBLE and TLAP “have been and remain committed to treating persons with disabilities, including bar applicants with disabilities, with dignity and respect, and in compliance with all legal rights afforded to such applicants.” Read the full statement.