TBA Law Blog


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Posted by: Kate Prince on Jun 24, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday ruled that when police officers pursue someone suspected of a misdemeanor, that pursuit does not automatically allow for warrantless entry into a home the suspect has entered, the Associated Press reports. “On many occasions, the officer will have good reason to enter — to prevent imminent harms of violence, destruction of evidence, or escape from the home,” Justice Elena Kagan wrote in the majority opinion. “But when the officer has time to get a warrant, he must do so — even though the misdemeanant fled.” Chief Justice John Roberts and Justice Samuel Alito suggested the majority’s opinion gave “no guidance at all” to officers in the field and left too much for them to consider in the midst of a chase.

Posted by: Kate Prince on Jun 24, 2021
News Type: Legal News

Part of Hohenwald’s West Main Street/Highway 412 will be renamed in memory of local attorney and former TBA president Landis Turner, the Lewis County Herald reports. Turner died in March 2020 following a brief illness. Turner was a longtime attorney in Hohenwald, practicing there from 1967 until his retirement in 2007. He also served as the city’s attorney for 40 years. In addition to the many positions he held with the TBA, Turner also served on boards for the Tennessee Trial Lawyers Association, Tennessee Justice Center, American Bar Association and many more. The renaming will be dedicated to Turner during a ceremony on Saturday at 4 p.m. CDT at the intersection of West Main Street and Darbytown Road.

Posted by: Stacey Shrader Joslin on Jun 24, 2021

Working Mother magazine recently named eight law firms with Tennessee offices among its 50 best firms for working mothers. They are: Baker Donelson with offices in Chattanooga, Johnson City, Knoxville, Memphis and Nashville; Bass, Berry & Sims in Knoxville, Memphis and Nashville; Constangy, Brooks, Smith & Prophete in Nashville; Epstein Becker & Green in Nashville; Jackson Lewis in Memphis; Littler in Memphis and Nashville; Ogletree Deakins in Memphis and Nashville; and Pillsbury in Nashville. In naming this year’s best firms, the magazine said one common factor stood out: all offered enhanced benefits during the pandemic that addressed the most pressing caregiving needs of women lawyers. Specific benefits included paid parental leave, in-home child care, sick child care, academic support for children, support for personal and household duties, and policies that emphasized empathy and flexibility.

Posted by: Kate Prince on Jun 24, 2021
News Type: BPR Actions

The Tennessee Supreme Court yesterday transferred the law license of Matilda Ann Batson to disability inactive status. Batson cannot practice law while on disability inactive status, but may be reinstated by the Supreme Court after showing her disability has been removed.

Posted by: Stacey Shrader Joslin on Jun 23, 2021

The Tennessee Supreme Court has lifted almost all restrictions on in-person hearings, but it appears some civil court judges in Shelby County are holding court only a few days a week, Local Memphis reports. The news source says fewer cases are being heard and it's backing up dockets, taking months for some cases to get court dates. John Campbell, 30th District presiding judge, said it is his impression that the Supreme Court intended for courts to “get back and get your work done.” He said criminal court operations are basically back to normal but did not know what was happening in the civil courts. Civil court judges who spoke to the paper said they believe they still need to operate under a year-old reopening plan. A spokesperson for the Supreme Court said judges may fully open for business and may amend their plans at any time without approval. The only restriction still in place is a three-foot social distancing rule.

Posted by: Stacey Shrader Joslin on Jun 23, 2021
News Type: Legal News

Cherished Hearts, Nashville’s intervention court aimed at helping human trafficking survivors, has faced its share of challenges, Tennessee Lookout reports. In its five-plus years of existence, the program has seen four judges, two executive directors, an unrelated criminal scandal involving one of those judges and a worldwide pandemic. But thanks to a recent federal grant and the leadership of General Sessions Judge Ana Escobar, Cherished Hearts is pressing on and is poised to grow, the paper writes. The program was the brainchild of Davidson County assistant district attorneys Deb Smith and Tammy Meade, who helped launch the court under the jurisdiction of then Judge Casey Moreland. Despite being hampered by the pandemic, 20 individuals participated in the program in 2020. Read more about how the court works.

Posted by: Stacey Shrader Joslin on Jun 23, 2021
News Type: Legal News

With the COVID-19 pandemic contributing to a national surge in evictions, the American Bar Association and the Harvard Negotiation & Mediation Clinical Program have identified best practices to divert eviction filings and enhance housing stability. Their comprehensive 40-page report provides a checklist for effectively designing eviction prevention and diversion programs. Research by the groups showed that more than 70% of landlords were open to address issues of tenant nonpayment outside of court. Their research also showed that some of the best diversion programs included legal representation, a legal hotline or help desk, tenant rights and/or education programs, mediation services, and rental or cash assistance. Read more from the ABA.

Posted by: Stacey Shrader Joslin on Jun 23, 2021
News Type: Legal News

With cities across the country witnessing spikes in violent crime, the White House today announced a new plan to tackle gun violence. According to National Public Radio, the five-point proposal includes: cracking down on gun sellers who violate federal laws, helping local law enforcement dealing with summer crime increases, investing in community violence intervention programs, expanding summer employment and services, and helping formerly incarcerated individuals successfully reenter the community. Under the proposal, states will be able to use funds from the COVID-19 American Rescue Plan to hire additional police officers, pay for overtime, and create employment opportunities for youth and at-risk adults.

Posted by: Stacey Shrader Joslin on Jun 23, 2021

A panel of federal appellate judges yesterday reinstated a state law requiring first-time voters to cast their ballot in person, reasoning in part that the COVID-19 pandemic is "unlikely to pose a serious threat during the next election cycle." In a 2-1 decision, a three-judge panel of the 6th U.S. Circuit Court of Appeals overturned a lower court's ruling that blocked the restriction on absentee voting ahead of the 2020 general election. In October, the 6th Circuit decided to keep the preliminary injunction in place saying that it did not want to disrupt the rules at that late stage in the election. The Herald Courier has the story from the AP.

Posted by: Stacey Shrader Joslin on Jun 23, 2021

A legislative panel studying the impact of refugee children on Tennessee met for the first time on Friday, Tennessee Lookout reports. With most members questioning the federal government’s transparency in moving children to Tennessee, the cost of housing the children in the state, or the Biden administration's policies at the Southwest border, Republican Sen. Todd Gardenhire took a different approach. He questioned whether the facility housing children in Chattanooga would get a fair hearing before the panel citing "preconceived ideas" of some of his colleagues. He also cast doubt on the idea that the situation in Chattanooga is the fault of the Biden administration, saying the first load of unaccompanied minors arrived there in October 2020 when President Donald Trump was in office. Finally, he asked the panel to request the official flight plan for the plane that brought the children to Chattanooga before members suggest that it stopped in other Tennessee cities along the way, as one member of the panel did earlier in the proceeding.


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