TBA Law Blog


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Posted by: Kate Prince on Nov 30, 2021
News Type: Legal News

Davidson County Chancellor Anne Martin has ordered the Tennessee Board of Parole to begin following a law signed by Gov. Bill Lee in May that makes parole a right rather than a privilege, the Daily Memphian reports. The Board of Parole in September argued that the new rules take effect for inmates at their next hearing, even if that hearing is in 10 years and that it doesn’t have the resources to “identify and reconsider all of those cases.” Martin ruled against the board and required them to move up the parole hearing of defendant Jeffrey Wayne Hughes, saying he was denied due process. The board has continued to fight Martin’s earlier ruling, later filing a motion saying Hughes’ eligibility date had passed earlier, before the new law took effect, meaning it didn’t apply to him. Martin denied the motion on Nov. 22, noting the board had taken “inconsistent positions.”  

Posted by: Kate Prince on Nov 30, 2021
News Type: Legal News

Effective immediately, law schools may now accept results from the Graduate Record Examination (GRE) in place of the Law School Admission Test (LSAT) from prospective students, the ABA Journal reports. The ABA's Section of Legal Education and Admissions to the Bar voted for the change during a recent closed session. According to a release from the ABA, Standard 503 requires law schools use a “valid and reliable” admission test. Since the development deals with how the standard is applied, but does not revise it, it doesn’t require concurrence from the ABA House of Delegates. A representative from test prep company Kaplan told the ABA Journal that it could take several admissions cycles to determine impact of the new revision.

Posted by: Kate Prince on Nov 30, 2021
News Type: TBA CLE

The TBA’s annual Year End CLE event begins tomorrow and runs through the end of December. Designed for those needing last minute CLE hours, this annual event will offer a variety of live virtual or on-demand programs, CLE packages and much more. The Year End CLE event is all virtual and allows attendees to earn up to 15 or more hours of CLE from the remote workplace of their choosing. RSVP for the event to receive up-to-date notifications about the CLE schedule and other special events or check back with cle.tba.org for fresh content all month long. And don't miss our giveaways made possible by sponsors Clio and Geico. Those who purchase a course in December will be entered in our weekly drawing for a $50 Amazon gift card. The sooner you purchase a course the more chances you will have to win!

Posted by: Jarod Word on Nov 30, 2021

The TBA Criminal Justice Section will host a free virtual webinar offering legislative updates and practice tips regarding juvenile offenders on Dec. 6 at noon CST. This one-hour event will feature Professor April Meldrum of Lincoln Memorial University-Duncan School of Law and Justin Pruitt of the Office of the District Attorney General, 6th Judicial District, who will update attendees on changes to pretrial detention, the new possible charge of threat of mass violence on school property, prohibition for certain sexual offenses and having contact with other children; and new minimum commitment times for those charges. The webinar will also offer direction on how to navigate Department of Children’s Services policies in determining possible dispositions. One hour of CLE credit is available on request for TBA members for a fee of $45. Register for the program here.

Posted by: Kate Prince on Nov 30, 2021
News Type: Legal News

The TBA Young Lawyers Division Mock Trial Committee this week released the case for the 2022 Tennessee State High School Mock Trial competition. The new case, State of Tennessee v. Leslie Lovingood, features a defendant facing aggravated assault charges for an alleged road rage incident. District mock trial competitions will take place in February and early March, with the state competition taking place March 25-26, 2022, in Nashville. The new problem, rules and other information can be found online.

Posted by: Karen Belcher on Nov 30, 2021
News Type: Legal News

Those interested in running for an elected office in the Tennessee Bar Association or becoming a TBA Delegate to the American Bar Association’s House of Delegates have until Feb. 15 to qualify for the 2022 ballot. To qualify, candidates must file a nominating petition with the executive director of the TBA by emailing barED@tnbar.org, or sending the document by mail to Executive Director, Tennessee Bar Association, 221 4th Ave. North, Suite 400, Nashville, 37219. Because of limitations brought about by the COVID-19 pandemic, scanned signatures can be collected and submitted electronically. The TBA’s website has more information on the election process, a candidate qualifying petition you can download and a list of available positions.

Posted by: Barry Kolar on Nov 30, 2021
News Type: Legal News

You can change the trajectory of youth traveling the school-to-prison pipeline by making a contribution today to the Tennessee Youth Courts Program (TYC). The non-profit offers three ways you can show your support: (1) investing in the peer-courts' efforts 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 29, 2021

The Tennessee Supreme Court has unanimously reinstated the conviction of Jeremy Reynolds for premeditated first-degree murder. The court determined there was sufficient proof of premeditation to support the jury’s verdict, and that the introduction of evidence about gang membership did not warrant a new trial. The ruling reverses the Court of Criminal Appeals, which had overturned the jury’s verdict on the basis that the trial court erroneously admitted prejudicial information about the defendant’s gang affiliation.

Posted by: Stacey Shrader Joslin on Nov 29, 2021
News Type: Legal News

Lang Wiseman, the deputy to Gov. Bill Lee and the administration’s chief legal counsel, is stepping down on Friday, the Tennessee Journal reports. Wiseman’s plans to leave had been announced earlier, but he had not given a firm date for his departure. He will return to the private sector. Lee has yet to name a successor. Wiseman is a former University of Tennessee basketball star who went on to earn a law degree from Harvard University. He is also a former Shelby County Republican Party chair who later served on the reconstituted University of Tennessee Board.

Posted by: Kate Prince on Nov 29, 2021
News Type: TBA CLE

Join the TBA Administrative Law Section for its annual forum Friday from 9 a.m. until 12:30 p.m. CST. Worth one dual and two general CLE hours, the program will begin with a session covering Supreme Court changes to the Rules of Professional Conduct and the Rules for Disciplinary Enforcement. It will also feature a session on recent updates related to the Tennessee Public Records and Open Meetings Act and a panel discussion that explores the UAPA and environmental contested cases. Learn more and register for the program here.


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