TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 6, 2020

Tennessee Gov. Bill Lee today granted death row inmate Pervis Payne a temporary reprieve due to the COVID-19 pandemic, the Commercial Appeal reports. Payne's execution was scheduled for Dec. 3. The reprieve will last until April 9, 2021. The paper notes that this delay could also allow time for the Tennessee Black Caucus of State Legislators to potentially pass legislation that would allow a defendant already sentenced to the death penalty to petition the courts for a reprieve based on a claim of intellectual disability. Payne was convicted of the 1987 deaths of Charisse Christopher and her two-year-old daughter. Christopher’s son survived multiple stab wounds. Payne's legal team has been fighting for a delay, as well as full clemency, for months. Read past coverage of those efforts.

Posted by: Stacey Shrader Joslin on Nov 6, 2020

A federal judge yesterday ordered the U.S. Small Business Administration (SBA) to release detailed information about Paycheck Protection Program (PPP) loans, the Memphis Business Journal reports. Information, including the names of borrowers and loan amounts, must be made public by Nov. 19. The move comes in response to a suit filed in May by a group of news organizations. It is unclear if the SBA will appeal the ruling. A spokeswoman said the agency does not comment on pending litigation.

Posted by: Stacey Shrader Joslin on Nov 6, 2020

Legal Aid of East Tennessee has launched a new contract attorney program to handle cases related to the COVID-19 pandemic, and is recruiting attorneys in Knox, Blount, Loudon and Sevier counties to participate. Under the Contract Attorney Program (CAP), lawyers will be paid $75 per hour plus reasonable out-of-pocket expenses related to representation. Total billings per case cannot exceed $1,000 unless approved in advance. LAET will provide professional liability insurance and guidance as needed. Those interested should email Director of Development and Compliance Deb House.

Posted by: Stacey Shrader Joslin on Nov 2, 2020

After an initial reduction in rural jail populations at the start of the COVID-19 epidemic, thousands more have been incarcerated in local lockups across the state. Data from the Department of Correction shows that county jails released 30% of all inmates between February and May. But by September, thousands of the empty beds were filled by new inmates. Now, in 35 of the state’s counties, local jails are overcrowded. Read more about these new trends and how they are affecting COVID-19 prevention efforts from the Tennessee Lookout.

Posted by: Barry Kolar on Oct 30, 2020

Attorneys for the federal government and seven Memphis landlords argued for more than two hours via Skype whether U.S. District Court Judge Mark Norris should at least temporarily block the government’s order halting evictions because of COVID-19, the Daily Memphian reports. The landlords assert that the halt order issued on Sept. 4 by the Centers for Disease Control (CDC)  is “an unlawful exercise of power by the CDC” and an excessive application of authority. The order is part of an effort to curtail the spread of COVID-19 to keep families socially distant within their homes and to prevent homelessness. The judge said he would rule on the landlord’s request for a preliminary injunction as “quickly as possible.”

Posted by: Barry Kolar on Oct 30, 2020

Rhea County Courts have been disrupted because of coronavirus concerns, the Chattanooga Times Free Press reports. The courthouse was shut down late last week and General Sessions and Juvenile Judge J. Shannon Garrison has not been in court this week due to unspecified coronavirus concerns, 12th Judicial District Attorney General Mike Taylor told the newspaper. Prosecutors won't staff General Sessions Court until Nov. 10 to make sure at least 14 days have passed since the closure, Taylor said.

Posted by: Kate Prince on Oct 29, 2020

Gov. Bill Lee yesterday issued Executive Order 66 to extend authority for remote notarization and remote witnessing of documents, subject to compliance with certain procedures, through Dec. 29. The order also encourages users of these tools to make preparations to implement best practices for a safe return to in-person transactions after Dec. 29. Lee also issued Executive Order 65 to extend authority for remote meetings.

Posted by: Kate Prince on Oct 28, 2020

The COVID-19 pandemic has created a host of unforeseen civil legal needs for many, including some of Tennessee’s most vulnerable residents. Legal Aid Society Executive Director DarKenya Waller highlights those hardships and the “tidal wave” of legal needs that is on the horizon in a new op-ed for the Tennessean. Waller points to the free legal clinics, legal consultations and court hearings being held virtually and over the phone as evidence of how LAS attorneys have successfully adapted to the current environment. “The snowball effect of economic hardships encountered during the COVID-19 pandemic will be long term, and Legal Aid Society is here to help restore our economy and the lives of so many,” Waller writes. “Increased support will ensure that civil legal groups can effectively assist low-income Tennesseans through this period of recession and the years of recovery to come.”

Posted by: Stacey Shrader Joslin on Oct 26, 2020

The Court of Workers’ Compensation Claims announced today that it will continue with telephonic settlement approvals through the end of the year. The statement from the court read as follows: It’s been over six months now since we’ve made the change to allow for all settlement approval hearings to occur by phone, for everyone’s health and safety. Looking ahead, at least for the next two months, the altered procedure will remain in place. We’ll revisit this for 2021 in mid-December."

Posted by: Stacey Shrader Joslin on Oct 26, 2020

The 23rd District Recovery Court has been meeting online during the pandemic, but last Thursday participants returned "home" to the Dickson County Courthouse for a “near-normal” docket, according to Director Kevin Batts. Circuit and Drug Court Judge Suzanne Lockert-Mash told participants "Although we've continued to operate well during this pandemic, nothing compares to seeing each of you in person every week." The first in-person meeting comes after months of meeting online and at individual Sober Living Residences. Participants and court staff practiced social distancing and wore face masks, Batts told TBA.


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