TBA Law Blog


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Posted by: Azya Thornton on Oct 28, 2024
News Type: Legal News

The Shelby County Sheriff's Office and Shelby County Juvenile Court remain locked in a dispute over who is responsible for operating the Youth Justice and Education Center. Earlier this month, the court was scheduled to resume in-person hearings at its downtown location but days before the switch, an attorney for the sheriff's office said the office would not transport youth from the detention center to the hearings. According to the Daily Memphian, the letter comes after months of disputes between the two entities about which one should operate the center. Both maintain the other is legally obligated to manage the facility. The paper also reports that Shelby County Commissioner Henri Brooks wants to find funding to solve the transportation issue without impacting either organization's budget, and would seek help from the U.S. Justice Department if necessary. She also expressed concerns about due process issues with the court, such as  inadequate access to attorneys in confidential settings and lack of probation conferences.

Posted by: Azya Thornton on Oct 28, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti said in a press release last week that a state lawsuit led to the disclosure of documents revealing U.S. Immigration and Customs Enforcement's (ICE) plans to release thousands of detained migrants, including criminals, into Tennessee. The documents, obtained through a suit after ICE failed to respond to Freedom of Information Act requests, showed that the agency coordinated with local officials and immigration rights groups to facilitate the release. Although the plan to move detainees to Tennessee was halted due to pushback from state officials, more than 7,000 migrants were released from Louisiana facilities, including individuals with criminal histories, according to the Chattanoogan.

Posted by: Azya Thornton on Oct 28, 2024
News Type: Legal News

Cleotha Abston, the man authorities charged with abducting and killing Memphis teacher Eliza Fletcher while she was out on a run in 2022, has pleaded guilty. The plea comes after more than two years of criminal litigation and will allow Abston to avoid the death penalty, The Commercial Appeal reports. Shelby County District Attorney Steve Mulroy said Abston now will face life in prison without the possibility of parole. Fletcher's family reacted to the deal, saying, "We accept the outcome that [Eliza's] murderer has pled guilty to all charges, will wake up in prison for the rest of his life and cannot harm anyone else." In May, Abston was sentenced to 80 years in prison for the 2021 rape of Alicia Franklin.

Posted by: Azya Thornton on Oct 28, 2024
News Type: Legal News

A lawsuit against the Diocese of Nashville, alleging that the institution knew of an employee's predatory behavior but failed to act, will proceed after a judge denied a motion for summary judgment, the Nashville Banner reports. The lawsuit claims the diocese was aware as early as 2008 that a religious studies director posed a risk to young girls. Despite this knowledge, the suit continues, the employee was allowed to continue working, eventually abusing a 13-year-old student. The plaintiff says she did not become aware of the connection between the abuse and her subsequent emotional distress until 2019. Under Tennessee law, survivors of childhood sexual abuse have three years from the moment they discover they were abused to take civil action. In May, the diocese filed a motion for summary judgment arguing the statute of limitations had run. The court found that a jury could reasonably find that the statute had not run out.

Posted by: Azya Thornton on Oct 28, 2024
News Type: Legal News

The Tennessee Department of Agriculture recently introduced new permanent rules for hemp and hemp-derived cannabinoid (HDC) products, as well as for hemp producers and retailers. Among the changes are regulations limiting the retail sale of THCA, or tetrahydrocannabinolic acid products, reported as the most popular products sold in the state. The Tennessean reports that the changes have some hemp advocates worried that the rules will have harmful effects on the current hemp market and consumers. In 2023, Gov. Bill Lee signed Tennessee's first bill regulating hemp-derived cannabinoids into law and directing the department to establish formal rules and a process for enforcing them. The permanent regulations will go into effect on Dec. 26.

Posted by: Azya Thornton on Oct 25, 2024
News Type: Legal News

U.S. 6th Circuit Court of Appeals Judge Amul Thapar recently spoke in Washington, D.C., calling on donors and alumni to reconsider their financial support of law schools until they hire more scholars who embrace "originalism" and better equip lawyers to argue cases based on that legal doctrine. "Make no mistake: money talks," Thapar said, asserting that financial pressure can prompt changes in legal education. Reuters reports that Thapar also called out law schools for their perceived lack of conservative legal thought. He described today's law school curriculum as overly focused on "postmodern philosophy" and critical theory, arguing it does not prepare students for practice in today's courts.

Posted by: Liz Slagle Todaro on Oct 25, 2024

Mark your calendar for TBA's 2025 Day on the Hill and Big Shrimp Legislative Reception, which will be held March 19 in Nashville. The events give Tennessee lawyers an opportunity to meet with legislators and talk to them about issues important to the profession, including funding for indigent representation. Read more about the 2024 events and sign up to connect with TBA's Grassroots Advocacy Initiative and upcoming events.

Posted by: Azya Thornton on Oct 25, 2024
News Type: Legal News

The Governor’s Council for Judicial Appointments will consider six applicants when it meets Nov. 18 in Jackson to select nominees for the Court of Appeals Western Section vacancy. The applicants are Tony A. Childress, Steven W. Maroney, James R. Newsom III, Jeffrey E. Nicoson, Craig P. Sanders and Valerie L. Smith. The public hearing for this position will be Nov. 18 at 9 a.m. CST in the courtroom of the Tennessee Supreme Court Building, 6 Hwy 45 Bypass, Jackson 38301. The commission is expected to vote immediately following the interviews and forward three names to Gov. Bill Lee for his consideration. The vacancy on the court will occur Jan. 4, 2025, following the retirement of Judge Arnold B. Goldin. Learn more about the candidates in a press release from the Administrative Office of the Courts.

Posted by: Azya Thornton on Oct 25, 2024
News Type: Legal News

The overall crime rate in Memphis dropped 10.6% through the first three quarters of 2024 compared to the same period in 2023, according to data the Memphis Shelby Crime Commission released Thursday. The Daily Memphian reports Memphis saw a 2.6% drop in its major violent crime rate and a 20.3% decline in its major property-crime rate from January to September of this year. Robberies, murders and rapes decreased by 22.5%, 11.5% and 8.8%, respectively. The commission, an independent nonprofit, calculates rates based on incidents or victims per 100,000 residents. While countywide figures are not yet available, the commission expects to release them soon, the paper reports.

Posted by: Azya Thornton on Oct 25, 2024
News Type: Legal News

The Tennessee Department of Correction (TDOC) will conduct its annual “Operation Blackout” on Halloween to monitor sex offenders on probation and parole, Fox Chattanooga reports. Officers across the state will visit the homes of sex offenders whose convictions involve children to ensure they are abiding by any restrictions imposed by their probation or parole. Offenders are prohibited from distributing treats to children and from being present at any home where items are being distributed to trick-or-treaters. There are more than 26,000 registered sex offenders in the state with 5,000 of them under state supervision. TDOC plans to visit the homes of several hundred high-risk sex offenders.


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