TBA Law Blog


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Posted by: Azya Thornton on Oct 9, 2024

Tennessee Attorney General Jonathan Skrmetti filed a response brief with the U.S. Supreme Court on Tuesday defending a state law banning gender transition procedures for juveniles. Skrmetti emphasized in a press release that the legislation aims to protect children from "irreversible, unproven medical procedures" and aligns Tennessee with 23 other states that have implemented similar restrictions. The brief argued that states have the authority to regulate medical practices and rejected the federal government's position, asserting that those opposing restrictions can advocate for change through state elections.

Posted by: Azya Thornton on Oct 9, 2024
News Type: Legal News

The American Bar Association (ABA) has revised the criteria for its Judicial Clerkship Program, which connects law students with judges and law clerks to educate them about the long-term benefits of judicial clerkships. The ABA eliminated references to schools sending students from "underrepresented communities of color" and judges hiring "minority" students after the Wisconsin Institute for Law & Liberty threatened to sue over the program. The new criteria states that law schools are "encouraged to select a diverse group of students" to participate. Judges no longer have hiring parameters, Reuters reports.

Posted by: Azya Thornton on Oct 9, 2024

Jillian's Law — a Tennessee law enacted in response to the death of Jillian Ludwig, which requires mentally incompetent defendants to be committed for treatment — is raising concerns about the availability of hospital beds in state treatment centers. According to Fox Chattanooga, critics worry about potential waiting lists, especially at the Harold Jordan Center, the state's sole facility for intellectual disabilities. State officials, citing privacy laws, have not disclosed the number of patients awaiting treatment. They say they have taken steps to implement the law but challenges remain in ensuring adequate resources and capacity. Ludwig, a first-year Belmont University student was fatally shot in a park near campus. The alleged offender had been released  just six months earlier after a judge ruled he functioned at a kindergarten level, and was unable to stand trial on shooting charges.

Posted by: Azya Thornton on Oct 9, 2024
News Type: Legal News

Acting U.S. Attorney for the Western District of Tennessee Reagan Fondren announced Tuesday that two Memphis organizations were awarded federal grants totaling more than $2 million. The Shelby County Office of Reentry received funds to provide safe, affordable housing and comprehensive services to formerly incarcerated individuals. Heal 901 will use the funds to implement an intensive program to reduce violent crime in Memphis. "These organizations have demonstrated their commitment to working with the Department of Justice to decrease crime, advance opportunities for ex-offenders, and protect our community," Fondren said in a press release.

Posted by: Julia Wilburn on Oct 8, 2024
News Type: Legal News

A federal judge has ruled that Georgia failed to show it would be harmed by the Biden administration's plan to forgive $73 billion in student loan debt held by millions of Americans. "There is no indication that the rule is being implemented to attack the states or their income taxes, so any loss of ... tax revenue is incidental and insufficient to create standing for Georgia," U.S. District Judge J. Randal Hall wrote. The ruling removes Georgia from a lawsuit challenging the forgiveness plan and moves litigation to federal court in Missouri, one of the other seven states that is suing. Reuters reports that the states have asked the Missouri judge to rule on whether to continue blocking the proposal.

Posted by: Julia Wilburn on Oct 8, 2024
News Type: Legal News

Lincoln Memorial University's Duncan School of Law recently announced the addition of a new dean of admissions and several new faculty members. Dr. Stephen Adkins has been named director of admissions. He joins the law school after serving in other programs at the university. In addition, three other faculty members have joined the school. Laura Mott joins as an assistant professor of law from CUNY School of Law in New York. She served there as director of the Academic Skills Center for the Evening 1L Program. John Poore and Celsy Johnson join as visiting assistant professors of law for the 2024-2025 academic year. Poore has spent nearly 15 years as a prosecutor in Southern California. Johnson is a solo practitioner and previously an attorney at Held Law Firm in the areas of family law, juvenile law and estate planning.

Posted by: Julia Wilburn on Oct 8, 2024
News Type: Legal News

A six-judge panel on Monday ruled that two bonding companies did not break local court rules after Bricen Rivers bonded out in Nashville and was later accused of killing his girlfriend, Lauren Johansen, in Mississippi. The Tennessean reports that a clerical error prevented full implementation of Rivers' bond conditions, which included restrictions on traveling outside the county. "Obviously a calamity of human and institutional errors occurred in the release process of (Rivers)," the panel of judges wrote. "Ultimately, however, the cause and responsibility for any violations of release conditions, including the commission of additional criminal acts, rests squarely with the Defendant himself."

Posted by: Julia Wilburn on Oct 8, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti has filed a motion in Tennessee's 20th Judicial District requesting the court provide remedies to address TikTok’s failure to preserve and produce relevant evidence in response to a state investigation into possible violations of Tennessee consumer protection laws. Skrmetti also asked the court to compel TikTok’s compliance with an order entered by the court on April 17, 2023. Tennessee’s investigation is part of a bipartisan, nationwide investigation by state attorneys general into whether TikTok engaged in unfair and deceptive conduct that harmed the mental health of Tennessee kids. In related news, Reuters reports that 13 states and the District of Columbia today filed new lawsuits accusing the popular social media platform of harming and failing to protect young people.

Posted by: Julia Wilburn on Oct 8, 2024
News Type: Legal News

The Tennessee Court of Criminal Appeals on Friday reversed a May 2023 ruling by Shelby County Criminal Court Judge Paula Skahan, declaring that a law removing all postconviction death penalty proceedings from local district attorneys is constitutional. The Commercial Appeal reports that the court's ruling focused on who initiates an action during a case. For example, it found that locally elected district attorneys have broad discretion in cases they initiate, but because these collateral review proceedings are initiated by a defendant on death row, that discretion is narrowed. The paper also noted that prosecutorial discretion is vastly limited after a defendant has been indicted by a grand jury.

Posted by: Julia Wilburn on Oct 8, 2024
News Type: Legal News

The Governor’s Council for Judicial Appointments is now accepting applications to fill a vacancy on the Western Section of the Court of Appeals, which will occur Jan. 4, 2025, with the retirement of Judge Arnold B. Goldin. Interested applicants must be licensed attorneys who are at least 30 years of age, a resident of the state for the past five years and a resident of the Western Grand Division of the state. The application is available on the Administrative Office of the Courts' website and is due by noon CDT on Oct. 25. The public hearing for this position will be Nov. 18 at 9 a.m. CST at the Tennessee Supreme Court Building in Jackson. Two other judicial openings were announced yesterday. Learn more about applying for the 4th Circuit Court and the Court of Criminal Appeals, Eastern Division.


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