TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 25, 2023
News Type: Legal News

A bipartisan group of legal experts – including a federal appeals court judge and a former U.S. solicitor general – are throwing their support behind 18-year term limits for U.S. Supreme Court justices, Reuters reports. The 11-member group includes 7th Circuit Judge Diane Wood, a onetime Supreme Court contender herself, along with Harvard Law Professor Charles Fried, who served as U.S. solicitor general under former President Ronald Reagan. Akhil Amar, a constitutional law professor at Yale Law School, also signed on. In a report released by the American Academy of Arts and Sciences, the group argues that Congress should end life tenure among the justices through statute to reduce partisanship and improve the judiciary’s reputation.

Posted by: Stacey Shrader Joslin on Oct 25, 2023
News Type: Legal News

The Tennessee Criminal Court of Appeals has reversed a Shelby County Criminal Court judge's ruling that freed a man by shortening his almost 163-year sentence to 25 years. The ruling upholds the initial sentence imposed on Courtney Anderson, who was convicted of felony theft, felony forgery and misdemeanor possession of a handgun in a public space. Last December, Shelby County Criminal Court Judge Paula Skahan shortened Anderson's sentence to the 25 years he had already served. The state attorney general challenged the decision, arguing that Skahan did not have jurisdiction to re-open post-conviction proceedings in the case. The appeals court agreed. Read the decision or reporting about it by the Commercial Appeal.

Posted by: Stacey Shrader Joslin on Oct 25, 2023
News Type: Legal News

Federal prosecutors pursuing criminal charges against those involved in the death of Tyre Nichols have asked a judge to omit evidence related to Nichols’ character in public filings about the case. The Commercial Appeal reports that prosecutors are arguing such evidence should not be released since it would be inadmissible in court given that Nichols is not alive to defend himself. The move comes after the lawyer for one suspect sought access to Nichols’ cellphone, alleging he had a hallucinogenic substance, along with stolen debit cards, credit cards and photo IDs in his car. The U.S. Attorney’s Office is asking for a hearing on the issue so that “any attempts to improperly and unfairly malign Nichols’ character” be stopped.

Posted by: Stacey Shrader Joslin on Oct 25, 2023
News Type: Legal News

A new report from Indiana University’s Center for Postsecondary Research shows that first-generation college students who go on to law school face additional challenges as compared to peers whose parents graduated from college. The Law School Survey of Student Engagement (LSSSE) found that on average these students spend more time studying, earn slightly lower grades and graduate with higher debt loads. The report encourages law schools to recognize these challenges and provide additional flexibility and support for these students. Reuters reports on the findings.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

Friends and family gathered Friday at the Nashville Historic Courthouse for a portrait unveiling of former Court of Appeals Judge Richard Dinkins. Chancellor Russell Perkins opened the court, while reflections of Dinkins’ life were shared by Nashville lawyers D. Billye Sanders and Margaret Behm and federal district court Chief Judge Waverly Crenshaw Jr. The portrait, painted by Michael Shane Neal, was unveiled by members of the Dinkins family. Chancellor I’Ashea Myles provided closing remarks. Dinkins died Oct. 1 at the age of 71. Before being named to the appellate court, he served as a Davidson County chancellor.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

Recent episodes from the Legal Services Corporation’s “Talk Justice” podcast explore the potential and pitfalls of generative AI. In “AI’s Potential for Access to Justice,” experts look at ways AI can dramatically shorten the time it takes to develop new legal services platforms and resources, while also increasing the reach of those services. Then in “Will AI Be Accessible?” tech experts explore the protential problems AI could create for the legal field, including issues of accessibility and faulty information that could do more harm than good for self-represented litigants.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

The Biden administration is implementing a new family reunification program for Ecuador, allowing U.S.-based Ecuadorians to sponsor their immediate family members abroad to legally immigrate to the United States. The program, which currently serves citizens of Colombia, Cuba, El Salvador, Guatemala, Haiti and Honduras, is meant to encourage the use of legal pathways to immigrate, The Hill reports.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

The Memphis Bar Association (MBA) is accepting nominations for its two annual awards through Nov. 10. The Sam A. Myar Jr. Award is presented to a member of the association who is 40 years of age or younger, and has rendered outstanding service to the legal profession and community. See the list of past recipients. The Judge Jerome Turner Lawyer's Lawyer Award is presented annually to an MBA member who has practiced law for more than 15 years and exemplifies the aims and aspirations embodied in the Guidelines for Professional Courtesy and Conduct. See the past recipients of that award. Nomination forms should be sent to MBA Executive Director Mary Ann Upchurch.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

Recent developments in a court case that could restore voting rights to thousands of people in Tennessee may lead to new delays, News Channel 5 reports. In 2020, the NAACP sued the state alleging that Tennessee officials failed to follow state law that allows people to legally restore their voting rights after serving their sentences and completing parole. The group also alleged that officials added new requirements to the process. While some thought the suit would be settled, attorneys broke off talks in July. In addition, Tennessee Attorney General Jonathan Skrmetti recently asked a judge to reject the suit in its entirety. The NAACP had hoped the suit would be resolved in time for the 2024 presidential election.

Posted by: Stacey Shrader Joslin on Oct 24, 2023
News Type: Legal News

Nashville lawyer and TBA Elder Law Section Executive Council member Barbara J. Moss writes in USA TODAY that the conservatorship of Michael Oher is not how law is supposed to work. Moss points out that at the time Sean and Leigh Anne Tuohy petitioned the court to be named conservators for Oher, they specifically stated he had “no known physical or psychological disabilities.” She also notes that for 19 years, the court never required any proof of disability or the filing of status reports. According to Moss, Tennessee law requires clear and convincing evidence that an individual is fully or partially disabled, and mandates the filing of annual accounting and status reports. In August, Oher petitioned the court to terminate the conservatorship, provide an accounting of funds the Tuohys received, and grant him an unspecified amount in damages. Memphis Judge Kathleen Gomes terminated the conservatorship in September.


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