TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 17, 2020

Gov. Bill Lee announced late this afternoon that he would delay the upcoming execution of death row inmate Harold Wayne Nichols due to “challenges and disruptions caused by the COVID-19 pandemic.” Nichols was set to be executed on Aug. 4 for the 1988 rape and murder of Karen Pulley in Hamilton County. Lee’s order postpones the execution until 2021 when the Tennessee Supreme Court will have to set a new execution date, the Tennessean reports. Nichols’ attorneys had recently sued to stop the execution in federal court, but the case had not yet been heard. Today’s move marks the first time Lee has intervened in a capital case. Two previous executions were delayed by the Tennessee Supreme Court due to the pandemic. Oscar Franklin Smith's June 4 execution date was delayed until next February while Byron Lewis Black's Oct. 8 execution date was reset for next April.

Posted by: Stacey Shrader Joslin on Jul 17, 2020

Tennessee leaders are weighing the prospects for a special session to consider a COVID-19 liability immunity bill, potentially in the second week of August. But the novel coronavirus itself could throw a wrench into the affair, the Daily Memphian reports. Lawmakers may be reluctant to travel while case counts are still high and Gov. Bill Lee has indicated he might only call lawmakers back if they can forge an agreement in advance. The Senate approved a bill in June that would have provided retroactive immunity but the House did not finalize any legislation.

Posted by: Stacey Shrader Joslin on Jul 17, 2020

Senate Republicans are preparing to offer a five-year shield from COVID-19 lawsuits as part of a new relief proposal, The Hill reports. The proposal reportedly would be retroactive from December 2019 through 2024. Other proposed provisions include: moving all lawsuits related to personal injuries and medical liability to the federal courts; protecting health care facilities and workers from all claims except those for "gross negligence and intentional misconduct"; and protecting businesses, colleges, schools and churches from all claims except in cases where they did not make "reasonable efforts" to follow public health guidelines and "committed an act of gross negligence or intentional misconduct." Senate Majority Leader Mitch McConnell is expected to unveil the proposal next week.

Posted by: Stacey Shrader Joslin on Jul 17, 2020
News Type: Legal News

Vanderbilt University professor James F. Blumstein and faculty fellow Yesha Yadav have been appointed to the Tennessee Advisory Committee of the U.S. Commission on Civil Rights. They will serve four-year terms on the committee, which advises and assists the commission with fact-finding, investigations and disseminating information. Blumstein is a professor of constitutional law and health law and policy and director of the Vanderbilt Health Policy Center. Yadav is co-director of the law school’s LL.M. program. Read more online.

Posted by: Stacey Shrader Joslin on Jul 17, 2020
News Type: U.S. Supreme Court

U.S. Supreme Court Justice Ruth Bader Ginsburg said today she is receiving chemotherapy for cancer but tolerating it well and has no intention to retire, Reuters reports. In a statement released by the court, Ginsburg said that a periodic scan in February, followed by a biopsy, revealed lesions on her liver. She began chemotherapy on May 19 and will continue the treatment on a biweekly basis. At 87, Ginsburg is the court’s oldest and second-longest serving justice. She experienced a bout with lung cancer in 2018, colon cancer in 1999 and pancreatic cancer in 2019.

Posted by: Stacey Shrader Joslin on Jul 17, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court has left in place a court of appeals order that likely will prevent hundreds of thousands of felons in Florida from voting in the November election, National Public Radio reports. In 2018, Floridians voted to amend the state constitution to allow felons to vote. The amendment applied to felons who had completed their parole or probation periods and excluded any convicted of murder or sexual offenses. The legislature subsequently passed a law that conditioned the right to vote on the payment of all fees, fines and restitution. Two felons challenged the law and initially won in the district court, which found that most felons would be too poor to pay the amounts owed, if they could even find out what they owed. Earlier this month, the 11th Circuit Court of Appeals blocked felons from registering or voting. The felons appealed to the U.S. Supreme Court, which yesterday refused to lift the order.

Posted by: Stacey Shrader Joslin on Jul 17, 2020
News Type: Legal News

Thomson Reuters and Above The Law have released a compensation report that looks at how solo and smaller legal practices pay their lawyers. Measurements covered include total annual compensation, average raises, target bonuses (as a percentage of base pay), active bonuses, and percentage of total compensation based on collections and on origination fees. Data is segmented by position, firm size and practice area. The authors say they hope the report will serves as a resource for law students considering hanging out their own shingle or joining a small firm, as well as practicing attorneys looking to benchmark their current compensation.

Posted by: Stacey Shrader Joslin on Jul 17, 2020
News Type: Legal News

Today is International Criminal Justice Day — a day that emphasizes the essential role of international criminal justice in maintaining peace and security, ensuring accountability for those who commit crimes against humanity and preventing future atrocities. In a statement marking the day, ABA President Judy Perry Martinez said, “The progress made in international criminal laws, norms and institutions must be protected and perfected. Support for international criminal justice, including the [International Criminal Court], is essential to advancing human rights and the rule of law.” Martinez also called on governments to recognize and protect the independence of the court and its legal professionals, and for the United States to rescind sanctions and threats against the court.

Posted by: Stacey Shrader Joslin on Jul 17, 2020
News Type: Legal News

Tuesday is the deadline to submit nominations for the Tennessee Alliance for Legal Services' annual Access to Justice awards. These include the Janice M. Holder Award, B. Riney Green Award and New Advocate of the Year Award.  The awards will be presented Sept. 9-10 at the virtual 2020 Equal Justice University conference. TALS reports that online registration for the conference will open next week. Questions should be directed to Joy Reed.

Posted by: Stacey Shrader Joslin on Jul 17, 2020
News Type: Legal News, Your Career

Applications to fill the office of public defender for the 21st Judicial District are now being accepted by Gov. Bill Lee's office. Current Public Defender Vanessa Bryan is retiring on Nov. 22. The successful candidate will serve in the role until the next biennial election in August 2022. Applicants should be licensed in Tennessee, be a resident of the state for five years and a resident of the judicial district for one year. The 21st Judicial District includes the counties of Hickman, Lewis, Perry and Williamson. To be considered for the position, submit a resume and cover letter by mail to Lang Wiseman, Deputy and Chief Counsel to the Governor, State Capitol, First Floor, 600 Dr. Martin Luther King Jr. Blvd., Nashville, TN 37243 or by email by 5 p.m. CDT on July 31. View the announcement from the governor’s office.


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