TBA Law Blog


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Posted by: Kate Prince on Feb 6, 2020
News Type: Legal News

The trial for Nashville police officer Andrew Delke has been delayed until summer, the Tennessean reports. Delke, a white man, faces murder charges in the shooting death of Daniel Hambrick, a black man. Judge Monte Watkins had initially set a March trial date, but prosecutors have asked for a continuance due to an expert witness’ scheduling conflict. The defense team did not object and the new trial date has been set for June 22. Delke claims he acted in self-defense after Hambrick ignored commands to drop his gun, but District Attorney Glenn Funk decided to pursue charges against the officer after reviewing evidence that included footage of Delke stopping to aim and fire as Hambrick was running away.

Posted by: Kate Prince on Feb 6, 2020
News Type: Legal News

Shelby County, the city of Nashville and its school board have filed suit against the state over Gov. Bill Lee’s Education Savings Account (ESA) program, the Tennessean reports. The petition filed today in Davidson County Chancery Court calls the program unconstitutional and argues it puts burden on only two counties. ESAs are a voucher-style program that use taxpayer funds deposited for families who withdraw their children from public school. The program is limited to Memphis and Nashville, which the lawsuit claims violates the “home rule” in the state constitution that says any law affecting isolated counties requires local approval. The program is scheduled to begin next school year.  

Posted by: Kate Prince on Feb 6, 2020
News Type: Upcoming

Memphis Area Legal Services, Inc. will hold its Saturday Legal Clinic on Feb. 8 from 10 a.m. to noon. This event is a monthly advice and counsel clinic, giving members of the community a chance to meet with an attorney and discuss their legal issue. The clinic will be held at the Ben Hooks Public Library, 3030 Poplar Avenue, Memphis. Get more information or register as a volunteer here

Posted by: Stacey Shrader Joslin on Feb 5, 2020
News Type: Legal News

Davidson County unlawfully keeps poor people in jail, a lawsuit filed Wednesday in federal court claims. The suit, filed by ACLU of Tennessee, challenges a long-running cash bail policy in the city’s criminal courts, which requires defendants and their families to agree that money posted to ensure a release from jail can be held and seized as payment of court fees that have not yet been set. The group, which was joined in the effort by the American Civil Liberties Union Foundation, Civil Rights Corps, Choosing Justice and the Nashville Community Bail Fund, argues the policy is unconstitutional. Read more or download the complaint from the Tennessean.

Posted by: Stacey Shrader Joslin on Feb 5, 2020

In a rare break from their conservative colleagues, two Republican lawmakers have introduced a bill that would expand Medicaid in the state under the Affordable Care Act, the Commercial Appeal reports. Rep. Ron Travis of Dayton and Sen. Richard Briggs of Knoxville filed the bill today, largely based on former Gov. Bill Haslam’s failed 2015 Medicaid expansion proposal known as Insure Tennessee. Most states have seized the opportunity to expand coverage but Tennessee lawmakers have consistently rejected such efforts. The sponsors said the effort will focus on House passage first.

Posted by: Stacey Shrader Joslin on Feb 5, 2020

Legislation that would replace the Nathan Bedford Forrest bust in the state Capitol was postponed yesterday after one lawmaker said he did not think Forrest did anything wrong, the Daily Memphian reports. The 14-4 vote in the Naming, Designating and Private Acts Committee to delay the resolution was split along party lines, with all Republican members voting to delay and Democrats voting to hear the matter. The next time the committee meets will be after the Tennessee Capitol Commission meets later this month on the matter.

Posted by: Stacey Shrader Joslin on Feb 5, 2020
News Type: Upcoming

A documentary film about Tennessee death row inmate Abu-Ali Abdur’Rahman will premiere on April 16 at Nashville’s Belcourt Theatre, the Associated Press reports. Abdur’Rahman was sentenced to death for the 1986 murder of Patrick Daniels. His attorneys argue that his co-defendant was the true assailant. The film, “You Don’t Know Me” explores Abdur’Rahman’s trial and the regret of his trial attorney who says he blames himself for mounting a poor defense. Abdur’Rahman has been on death row for 32 years and has seen five execution dates come and go. In August 2019, a judge resentenced Abdur’Rahman to life in prison after he raised claims that racism tainted the jury selection. The state appealed and an execution date is on hold until the appeal can be heard.

Posted by: Stacey Shrader Joslin on Feb 5, 2020
News Type: Legal News

An online marketplace for lawyers will be shutting down permanently on March 4, Law Street reports. UpCounsel was founded in 2012 with the goal of providing affordable access to freelance attorneys and full-time legal staff. A recent lawsuit accused UpCounsel of disregarding ethics and competition laws and claimed the company breached California Bar Association rules that prevent lawyers from sharing legal fees with nonlawyers. The company denied the claim but settled the case. As part of the settlement, the plaintiff, LegalForce RAPC, became a significant shareholder in the company. Leadership said it hopes to “retool” the company and “bring it back in a form that will allow it to continue thriving.”

Posted by: Stacey Shrader Joslin on Feb 5, 2020
News Type: Legal News

The American Bar Association and President-Elect Patricia Lee Refo have begun the 2020-2021 presidential appointments process with approximately 600 positions open across various standing committees, commissions and other entities. Terms typically last from one to three years. The deadline to apply is Feb. 21 at 6 p.m. EST. Learn about the positions available and how to submit an application. If you need more information, would like to discuss the process or are intending to seek a position, please contact John Tarpley, 615-259-1366, or Jonathan Cole, 615-726-7335 with the TBA’s ABA Resources Committee.

Posted by: Stacey Shrader Joslin on Feb 5, 2020
News Type: Wellness Wednesday

Here are three more tips for coping with anxiety from psychologists Matthew McKay and Jeffrey C. Wood. (1) Observe your thoughts: set your timer for five minutes and visualize your thoughts coming and going, one by one. Imagine your thoughts drifting away like clouds or floating by you in a stream. Try not to get attached to them or to judge them. (2) Ask your wise mind: put your hand on the center of your stomach below your rib cage. Focus on a question or decision that you need to make and ask your wise self for guidance. (3) Problem solve: start by brainstorming alternative thoughts, behaviors and solutions for the problem you’re facing. Evaluate your list and choose the best ideas, then pick a time and place to try one of them.


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