TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 24, 2021
News Type: Legal News

Tennessee has issued new guidance on how it plans to discipline schools that teach banned concepts around race and gender, WPLN reports. Each violation of the law now will carry a fine equal to 2% of the school district’s annual state funds. The state also extended the window for reporting an alleged violation from 30 to 45 days. Supporters of the bill argued it was necessary to limit classroom discussions of white privilege, unconscious bias and critical race theory. Opponents worry it will discourage teachers from addressing the country’s racial history as well as current events. The new guidance will remain in place until May 2022 when state officials will reevaluate before finalizing how filing and investigating of complaints, appealing decisions and imposing penalties will work.

Posted by: Stacey Shrader Joslin on Nov 24, 2021
News Type: Legal News

Gov. Bill Lee has declined to sign a resolution condemning federal COVID-19 vaccine mandates, setting forth the General Assembly’s right to nullify unconstitutional mandates, and urging the state attorney general to seek relief from mandates for residents of the state. The resolution will go into effect without his signature, Tennessee Journal reports. Sponsors of the resolution said the measure was needed to counter federal mandates requiring vaccinations for employees of federal contractors and subcontractors, private business with more than 100 workers, and healthcare and nursing facilities.

Posted by: Stacey Shrader Joslin on Nov 24, 2021
News Type: Legal News

The LMU Duncan School of Law Mock Trial team hosted its third annual Kimsey Cup Trial Advocacy Competition last week with four teams competing for individual and team awards. The school reports that second-year students Jordan Meddings and Geran Minor won the 2021 Kimsey Cup, while Meddings was also named best advocate. Jason Repath, a first-year law student, was recognized as the best witness. The internal competition is named for 2015 graduate Aaron Kimsey, who provides the trophy each year.

Posted by: Stacey Shrader Joslin on Nov 24, 2021
News Type: Legal News

The University of Tennessee College of Law has received a $3 million gift from a long-time supporter and criminal and personal injury law firm partner who requested anonymity. The gift will support the Center for Advocacy and Dispute Resolution, the Legal Clinic, the Douglas Blaze Professorship, and scholarships for students interested in pursuing legal careers in advocacy. College of Law Interim Dean Doug Blaze said the donor desired for the gift to be used to “encourage others to give and provide support for the College of Law in the areas that mean the most to them."

Posted by: Barry Kolar on Nov 23, 2021
News Type: Legal News

The Tennessee Youth Courts (TYC) organization is asking for your support on Nov. 30, known widely as Giving Tuesday. The non-profit supports peer courts as a means to help youth at risk from being trapped in the school to prison pipeline. TYC is offering three ways to show your support: (1) investing in the effort with a donation; (2) posting an unselfie to show your support on social media; or (3) volunteering your time to participate in youth court programs across the state.

Posted by: Stacey Shrader Joslin on Nov 23, 2021
News Type: Legal News

Nashville District Attorney Glenn Funk has recommended vacating the conviction of Claude Garrett, who has served nearly 30 years for murder, the Tennessean reports. Funk informed the court of his position after his office’s Conviction Review Unit determined it was impossible to maintain confidence in the conviction. Garrett was convicted in 1993 for starting a fire that killed his girlfriend. After his first trial was overturned for unrelated issues, he was convicted again in 2003 based on the testimony of a fire investigator who said burn patterns at the scene indicated arson. The review unit found that more recent understanding of such burn patterns indicates they are not always proof of foul play. Garrett's legal team, which includes the Tennessee Innocence Project and the federal public defender's office, filed a motion today to overturn the conviction.

Posted by: Stacey Shrader Joslin on Nov 23, 2021

The Arts & Business Council's Volunteer Lawyers and Professionals for the Arts is joining the law firm of Bradley Arant Boult Cummings in providing free legal services for Black-owned small businesses and nonprofits at a clinic on Dec. 16. Issues to be covered include questions about business formation, corporate governance, contract review and navigating local ordinances and state regulations. Eligible businesses may receive up to one hour of assistance. Companies may sign up online. To volunteer, email vlpa@abcnashville.org.

Posted by: Stacey Shrader Joslin on Nov 23, 2021
News Type: Upcoming

The Tennessee Department of Revenue will hold its next free webinar on state tax issues on Nov. 30 at 9 a.m. CST. The December session will focus on tax registration and reporting for special events in Tennessee. Participants will learn how to register as a special event promoter or vendor and will have the opportunity to ask questions of department staff.

Posted by: Stacey Shrader Joslin on Nov 23, 2021
News Type: BPR Actions

Putnam County attorney Albert Fitzpatrick Officer III was reinstated to the active practice of law yesterday. He had been suspended on March 11 for six years, with six months to be served on active suspension and the remainder on probation. The Tennessee Supreme Court conditioned his reinstatement on engagement of a practice monitor who will meet with him monthly during the probationary period to assess his case load, timeliness of tasks, adequacy of communication with clients, and accounting procedures. The court also directed Officer to continue his current TLAP monitoring agreement and follow all recommendations of the agency during the probation period.

Posted by: Stacey Shrader Joslin on Nov 23, 2021
News Type: Legal News

Pervis Payne’s death penalty sentence was officially vacated by the Shelby County Criminal Court this morning, WREG reports. District Attorney Amy Weirich announced last week that her office would drop pursuit of the death penalty against Payne and withdraw a request for a hearing on the issue of his intellectual disability. The office instead will call for imposition of two life sentences. Defense attorney Kelley Henry, who hugged an emotional Payne in court, says she will continue to fight for a full exoneration. Short of that, she will seek to have the two sentences run concurrently, instead of consecutively. A resentencing hearing is set for Dec. 13. Local Memphis.com has video of today’s court proceeding.


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