TBA Law Blog


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Posted by: Kate Prince on Jun 13, 2022
News Type: Legal News

Tennessee’s pause on executions through 2022 could potentially be a yearslong hiatus, the Associated Press reports. Gov. Bill Lee stopped the execution of Oscar Smith in April, an hour before Smith was set to die by lethal injection, after learning the drugs hadn’t been tested as required. Lee then paused all executions and appointed Butler Snow attorney Edward Stanton to lead an investigation into state protocols. Two men on death row have filed challenges to the state’s execution process, which have revealed that the state has struggled to follow its own lethal injection rules at nearly every step. The attorney general’s office in a May 6 court filing said there may be “factual inaccuracies or misstatements” in its previous filings and that corrections will be made “once the truth has been ascertained.” Lee and the AG’s office haven’t predicted when executions could restart, but Robert Durham, executive director of the Washington-based nonprofit Death Penalty Information Center, says the “large number of problems” with the system could mean a yearslong pause.

Posted by: Kate Prince on Jun 13, 2022

The Tennessee Supreme Court has declined to rehear the challenge to Gov. Bill Lee’s school voucher program, the Tennessean reports. Metro Nashville and Shelby County governments petitioned the high court earlier this month to review its decision that the Education Savings Account was not in violation of the state’s “Home Rule Amendment.” In an order issued today, the Supreme Court said it had thoroughly reviewed the petition. "The Court previously considered the issues raised in the petition in the course of its resolution of the appeal," the order stated. "The petition, therefore, is respectfully denied." No word yet from the Governor’s Office or the Department of Education on when they will implement the program.

Posted by: Stacey Shrader Joslin on Jun 10, 2022

Memphis Area Legal Services has relaunched its Attorney of the Day Legal Advice Clinic to be held the first and third Thursdays of the month. The clinics will be held in the Probate Room at the Shelby County General Sessions Civil Courthouse beginning at 1 p.m. CDT. Clients should have an active or post-judgment General Sessions case to receive assistance. For more information or to volunteer email Constance Brown, or call 901-523-8822.

Posted by: Stacey Shrader Joslin on Jun 10, 2022

The Knoxville Bar Association announced this week that it will seek its members’ input on whether they support retaining the justices of the Tennessee Supreme Court and judges on the Court of Appeals and Court of Criminal Appeals. The Appellate Court Retention Election Candidate Member Survey will be released June 13 with responses due on June 27. The KBA notes that the survey is voluntary and does not represent a scientific sampling of members. Tennesseans will vote on whether to retain these jurists on Aug. 4. The KBA says it provides feedback from lawyers to help voters assess those on the ballot and make wise choices in the elections.

Posted by: Stacey Shrader Joslin on Jun 10, 2022
News Type: Election 2022, Politics

Democratic candidates for governor are tallying new endorsements in their campaigns, the Nashville Post reports. In the race to take on Gov. Bill Lee, Nashville doctor Jason Martin has released a list of endorsements from 10 state lawmakers, while Memphis City Councilmember JB Smiley Jr. has won the support of Shelby County Mayor Lee Harris and U.S. Rep. Steve Cohen, D-Memphis. In the open race to succeed state Sen. Brenda Gilmore, D-Nashville, candidate Charlane Oliver has secured the support of several prominent Nashville Democrats including former mayor Megan Barry, Metro Public Defender Martesha Johnson and Conexión Américas co-founder Renata Soto. Oliver will face former Metro Councilmembers Jerry Maynard and Ludye Wallace, Barry Barlow and Rossi Turner in the primary. Maynard has the backing of Gilmore, former Mayor Karl Dean, four Nashville members of the state House and a number of other current and former local officials.

Posted by: Stacey Shrader Joslin on Jun 10, 2022
News Type: Legal News

The Legal Aid Society of Middle Tennessee and the Cumberlands has named Jordan Stringer as the new managing attorney and pro bono director in its Nashville office. Stinger will supervise staff, oversee administrative functions, help coordinate client services and assist in oversight and quality assurance systems. He also will serve as director of the Volunteer Lawyers Program, developing strategic initiatives and managing staff to support pro bono lawyers. Stringer most recently was legal counsel for Equifax Inc. He also has experience working for nonprofit organizations, international law firms and industry. He earned his law degree from Emory University School of Law. Read more about Stringer in this release.

Posted by: Stacey Shrader Joslin on Jun 10, 2022
News Type: BPR Actions

Shelby County lawyer Aaron Anthony Neglia was suspended from the practice of law yesterday. The Tennessee Supreme Court took the action after Neglia pled guilty and was convicted in state court of bribery of a public servant, and in federal court of conspiracy to violate the travel act. The court referred the matter to the Board of Professional Responsibility to determine the extent of final discipline.

Posted by: Stacey Shrader Joslin on Jun 10, 2022

The Tennessee Supreme Court unanimously held today that the Tennessee Republican Party and its State Executive Committee did not violate the Tennessee Open Meetings Act when they determined that Robby Starbuck would not be added to the ballot in the upcoming primary election for the U.S. House of Representatives 5th Congressional District because the law did not apply. The court found that the party was acting as a state executive committee when it determined Starbuck was not a bona fide Republican and removed him from the ballot. The Open Meetings Act applies to state boards but not to state executive committees, the court said.

Posted by: Stacey Shrader Joslin on Jun 10, 2022

The Tennessee Supreme Court in a unanimous decision issued today clarified the appropriate legal standard to be applied in post-conviction cases involving allegations of ineffective assistance of counsel due to counsel failing to seek suppression of evidence on Fourth Amendment grounds. The court ruled in the case of Tommie Phillips v. State of Tennessee that such claims must meet a three-prong test to proceed: prove that a suppression motion would have been meritorious, that counsel’s failure to file such a motion was objectively unreasonable, and that, but for counsel’s objectively unreasonable omission, there is a reasonable probability that the verdict would have been different absent the excludable evidence. In this specific case, the court found that Phillips failed to establish a successful claim of ineffective assistance of counsel.

Posted by: Stacey Shrader Joslin on Jun 10, 2022
News Type: Legal News

U.S. District Judge Mark S. Norris this week granted a stay in federal court proceedings for Tyrone Chalmers, who was convicted in 1997 of robbing and killing a man in Shelby County, and is now on death row. The stay allows Chalmers to once again pursue arguments in state court that Tennessee lacks authority to execute him because of an intellectual disability, the Associated Press reports. Previous attempts have failed, and the Tennessee Supreme Court has rejected efforts to reopen post-conviction proceedings for him. Norris said the state’s recent law allowing retroactive application of a prohibition on execution of the intellectually disabled now provides a mechanism for Chalmers to pursue a mental disability claim.


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