TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 27, 2022
News Type: Passages

Knoxville lawyer Anna Carylon Fox Hinds died Wednesday at 83. Hinds earned her law degree from Vanderbilt University Law School in 1967 and formed her own firm in Knoxville. During her career, she developed a reputation as a preeminent legal provider in the areas of estate planning, probate, trusts and strategies regarding the preservation, allocation and disposition of assets. She was serving as “of counsel” with the firm of Owings, Wilson, Coleman at the time of her death. Hinds was active in the local and state legal community, serving as president of the Knoxville Barristers, treasurer of the Knoxville Bar Foundation and co-chair of the Tennessee Bar Association’s Jury Reform Commission. She also was active in the American Bar Association and its Young Lawyers Section. A graveside service will be held June 2 at 1 p.m. EDT at Tennessee State Veterans Cemetery, 5901 Lyons View Pike, Knoxville, TN 37919. In lieu of flowers, donations may be made to St. John’s Episcopal Cathedral.

Posted by: Stacey Shrader Joslin on May 27, 2022
News Type: Legal News

A review of state executions records by the Tennessean has found that the state has not followed its own policies for carrying out lethal injections since it resumed executions four years ago. The paper says it reviewed thousands of pages of records and found that the state’s lethal injection protocol is “fraught with problems.” It also found that the state uses a “troubled Texas-based pharmacy to obtain its lethal cocktail of drugs.” Two executions have taken place under these protocols: Billy Ray Irick in 2018 and Donnie Johnson in 2019. Issues with the process came to light when Gov. Bill Lee halted the execution of Oscar Franklin Smith last month. He has suspended executions through the end of the year while an investigation is conducted. The governor’s office and the Department of Correction did not respond to the paper’s questions citing the review by former U.S. Attorney Ed Stanton.

Posted by: Stacey Shrader Joslin on May 27, 2022

The Tennessee Supreme Court has ruled that the Tennessee Bureau of Investigation (TBI) is bound by a trial court’s order expunging criminal charges and must comply even if it disagrees with the order. The case involves an unnamed citizen of McNairy County, who negotiated a guilty plea that provided his charges would be expunged if he successfully completed four years of probation. At the end of the probationary period, the court expunged the charges. The plaintiff later learned that the TBI had not removed the records because it believed the charges were “ineligible for expungement.” The Supreme Court found that the TBI lacked authority to refuse to comply since under the state’s expungement statutes, it is the trial courts — not the TBI — that decide whether an offense is eligible for expungement. Read more from the court.

Posted by: Stacey Shrader Joslin on May 27, 2022

The Tennessee Supreme Court has one case set for its June docket. It will be heard in Nashville beginning at 11:15 a.m. CDT on June 1. The proceedings also will be livestreamed on the court’s YouTube site. The case of Greg Adkisson, et al. v. Jacobs Engineering Group, Inc. involves medical claims by workers who handled cleanup and remediation efforts at the Tennessee Valley Authority's Kingston Fossil Fuel Plant following a coal-ash spill in 2008. The U.S. District Court for the Eastern District of Tennessee has asked the court to weigh in on four questions related to the Tennessee Silica Claims Priorities Act. Read more from the court.

Posted by: Stacey Shrader Joslin on May 27, 2022
News Type: Upcoming

The Knoxville Bar Association will host a Bench-Bar Celebration on Sept. 8 at the Park Concourse of the Knoxville Convention Center, 701 Henley St. The event, which replaces the Annual Supreme Court dinner this year, will honor Supreme Court justices and celebrate the judiciary at all levels. Brief remarks will begin at 6:45 p.m. The cost is $20 per person if purchased before 5 p.m. EDT on Aug. 19. Prices increase to $30 per person after that. Register by 5 p.m. EDT on Sept. 2. No walk-in registrations will be permitted. Tickets can be purchased on the KBA website.

Posted by: Stacey Shrader Joslin on May 27, 2022
News Type: Legal News

The American Bar Association’s Center for Innovation has launched a new website, Justice System Metrics, that catalogues 200 key metrics and performance indicators that can be used to evaluate progress and innovation in the justice sector. The site also provides real-world examples of how the metrics are being used to understand and drive progress in the justice system. According to Bob Ambrogi’ LawSites blog, the metrics are keyword searchable based on key focus (e.g., consumer harm, market viability), data source (e.g., bar association, regulator, court) and data type (qualitative, quantitative or hybrid).

Posted by: Stacey Shrader Joslin on May 27, 2022
News Type: Your Career

The United States Attorney’s Office in the Middle District of Tennessee is currently seeking an experienced civil litigator to primarily handle defensive matters in its Nashville office. Civil AUSAs typically represent the government’s interests in a wide variety of litigation, including alleged violations of constitutional rights, torts and cases alleging discrimination in hiring and employment. Other areas may include immigration, bankruptcy, prisoner litigation, judicial review of administrative findings, and injunctive proceedings. Candidates must apply through the following link 22-TNM-11499592-DE. See the full job description and other openings on TBA’s Job Link.

Posted by: Stacey Shrader Joslin on May 27, 2022
News Type: TBA CLE

The TBA’s Disability Law Forum will take place Sept. 30 from 9 a.m. to 1:30 p.m. CDT. Watch for details coming soon about the program agenda and speakers.

Posted by: Stacey Shrader Joslin on May 27, 2022
News Type: Legal News

The Tennessee Bar Association will be closed Monday for the Memorial Day holiday. We will reopen at 8 a.m. CDT on Tuesday.  Staff are working both remotely and in person at the new TBA office, 3310 West End Ave., Suite 590. Access email addresses and direct lines here.

Posted by: Kate Prince on May 26, 2022
News Type: Upcoming

The Tennessee Department of Revenue will host a free webinar to discuss sales tax issues for contractors on May 31 at 9 a.m. CDT. Participants will learn when contractors are subject to sales tax and exemptions for certain special situations. Register for the webinar here. The program is part of a series offered by the department each month. The Department of Revenue has more on upcoming webinars.


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