TBA Law Blog


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Posted by: Kate Prince on Jul 19, 2021

Twenty inmates at the Franklin County Jail in Winchester have tested positive for the COVID-19 virus, forcing the facility to revert back to old pandemic protocols, the Times Free Press reports. Franklin County Sheriff Tim Fuller said there have been no “serious symptoms” or hospitalizations from the outbreak. He said the first cases appeared among seven members of a jail work crew on Thursday and the cases grew to 20 after inmates were tested over the weekend. Law enforcement will still respond to calls, but the sheriff’s office has asked that all other business be conducted by phone or electronically. Vaccinations are not required of sheriff's office staff. Fuller said 29 of about 120 employees have been fully vaccinated.

Posted by: Kate Prince on Jul 19, 2021

The State Building Commission is expected to make a final decision this week on whether to remove the Nathan Bedford Forrest bust from the State Capitol, the Tennessee Journal reports. The commission will take up the matter during its meeting on Thursday. If the group votes to concur with the State Capitol Commission’s decision, the bust of the early KKK leader and Confederate general, along with three other busts, would be relocated to the Tennessee State Museum.

Posted by: Kate Prince on Jul 19, 2021
News Type: Legal News

U.S. District Judge Andrew Hanen of the Southern District of Texas on Friday vacated the Deferred Action for Childhood Arrivals (DACA) program, but temporarily stayed his ruling for current recipients, the ABA Journal reports. The ruling allows the government to accept applications for renewals and for new DACA applicants but prohibits it from granting any new DACA applications. Hanen ruled that Texas, and the eight other states that challenged the program, had standing, partly because they spend money providing services to DACA students. He said that former President Barack Obama’s administration failed to use a formal notice-and-comment procedure required by the Administrative Procedure Act before adopting DACA and that Congress has not granted authority to the U.S. Department of Homeland Security to implement the program. President Joe Biden said Saturday that the U.S. Department of Justice will appeal the decision.

Posted by: Kate Prince on Jul 19, 2021
News Type: Legal News

Longtime Memphis attorney and former Shelby County commissioner, Walter L. Bailey Jr., was honored last week for his work and passion for civil rights, the Commercial Appeal reports. Bailey and several others were honored with Impact Awards from the Memphis Memorial Committee during a ceremony for the unveiling of a new statue of Ida B. Wells on Beale Street. The awards are given to those who shared Wells’ passion for racial justice and equality. Bailey took Tennessee v. Garner to the U.S. Supreme Court in 1974, resulting in a ruling that made it illegal for police to shoot a fleeing suspect who posed no imminent danger. The former Shelby County Jail was renamed the Walter L. Bailey Jr. Criminal Justice Complex in his honor.

Posted by: Kate Prince on Jul 19, 2021
News Type: Legal News

Death row inmate Pervis Payne appeared in court on Friday for a hearing, marking his first public appearance since 2007, WPLN reports. Payne’s lawyers are fighting to convince state officials to exonerate him, while simultaneously arguing that his death sentence should be vacated due to U.S. Supreme Court rulings that have deemed it unconstitutional to execute a person with intellectual disabilities. According to the Associated Press, the state has asked for access to Payne’s prison records as part of a planned mental evaluation by a state expert. Payne’s attorney, Kelly Henry, argued that the request was irrelevant, saying the “carte blanche fishing expedition” into Payne’s records could lead into issues that are “distracting.” She believes the state will attempt to use Payne’s good behavior as proof he is not intellectually disabled. Payne’s intellectual disability hearing is set for Dec. 13.

Posted by: Stacey Shrader Joslin & Kate Prince on Jul 19, 2021
News Type: Legal News

Tomorrow is the final day to submit a nomination for the Tennessee Alliance for Legal Services (TALS) annual access to justice awards. The Janice M. Holder Award, the B. Riney Green Award and the New Advocate of the Year award recognize those who have contributed to Tennessee’s equal justice community. The recipients will be recognized during the annual Equal Justice University (EJU) virtual conference Sept. 21-23. Visit TALS’ award nomination webpage for the nomination form and instructions, as well as eligibility and criteria for each award.

Posted by: Kate Prince on Jul 19, 2021
News Type: Your Career

Gov. Bill Lee’s office is now accepting applications for a district attorney general in the 19th Judicial District, which covers Montgomery and Robertson counties. The position will be vacant as of Sept. 1 with the retirement of John W. Carney Jr. It will be filled until the next biennial election in August 2022. Interested attorneys should send 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 to Rebecca Kaunisto. Submissions are due by 5 p.m. CDT on July 30. View the job posting.

Posted by: Kate Prince on Jul 19, 2021
News Type: Legal News

The TBA’s BarBuzz podcast is celebrating the beginning of season three with a new episode, featuring guest co-host Josh Wallis of Memphis law firm Rogers, Brackin & Davis PLLC. In the latest episode, Wallis helps deliver a roundup of top legal news stories from the last month, updates and upcoming events from the bar association and special shout outs to several attorneys from across the state for their recent noteworthy accomplishments. BarBuzz is part of the TBA Podcast Network and can be found online or anywhere you listen to podcasts.

Posted by: Stacey Shrader Joslin & Kate Prince on Jul 19, 2021
News Type: TBA CLE

The TBA's Summer Business Education Webinar Series continues Thursday with a one-hour session on Task Management. Attendees will will learn how to build a master task list and examine a method for daily and weekly planning that will improve your level of organization. The virtual program will run from noon to 1 p.m. CDT and offer one hour of dual CLE credit. The series, designed to help attorneys work smarter not harder, will wrap up on July 29 with Using Core Financial & Productivity Reports.

Posted by: Stacey Shrader Joslin on Jul 16, 2021
News Type: BPR Actions

The Tennessee Supreme Court today issued a corrected order transferring the law license of Hamilton County lawyer Johnny Leon Woodruff to disability inactive status. The court issued its original order on Tuesday. It reports that Woodruff is currently incapacitated from continuing the practice of law and is unable to defend himself against disciplinary complaints pending before the Board of Professional Responsibility.


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