TBA Law Blog


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Posted by: Stacey Shrader Joslin on Mar 31, 2021
News Type: Wellness Wednesday

A year into the COVID-19 pandemic, many of us are tired of living in a virtual world. The concept of “Zoom fatigue” is real and has become a well-known side effect of being constantly plugged-in to technology. Stanford University recently released the first peer-reviewed study on the psychological effects of videoconferencing and why it makes us feel so tired. Researchers identified four primary causes of fatigue and how to compensate. Causes included prolonged eye contact at a close distance, heavy cognitive load, the “all-day mirror” effect and reduced mobility. Ways to cope included reducing the size of your Zoom window by exiting full screen mode, switching to audio only for a break from video when possible, hiding your self view so only other meeting participants can see you, and taking plenty of off-camera breaks to move around. Read more about the study from Sidecar, a professional development organization for associations.

Posted by: Stacey Shrader Joslin on Mar 31, 2021

In honor of Women’s History Month, the Administrative Office of the Courts recently published a piece looking at the women who became Tennessee’s first female judges. The profile looks at Martha Craig Daughtrey, the state Supreme Court’s first female justice; Janice M. Holder, the Supreme Court’s first female chief justice; Supreme Court Justice Holly Kirby, the state’s first woman to serve on the Tennessee Court of Appeals; Judge Julia Smith Gibbons, the first woman to serve on a state trial court; Chancellor Sharon Bell, the first woman to serve on a state chancery court; Judge Kate M. Drake, the first county judge in the state; and Judge Camille Kelley, the first female judge in the state and the first female juvenile court judge. Thanks to these historic trailblazers, the Tennessee Judiciary is a changed institution. Today, women compose the majority of the Tennessee Supreme Court. At the trial court level, 25% of judges are women while 18 of the state’s 31 judicial districts have at least one woman judge.

In related news, U.S. 6th Circuit Court of Appeals Judge Bernice Donald and judicial law clerk LaFonda Willis reflect on the rich legacy of Shelby County women judges in an opinion piece in today's Commercial Appeal. Read about Nancy B. Sorak, the first woman elected as a judge in Memphis; Julia Smith Gibbons, the first woman to be named a federal judge in the state; and Earnestine Hunt Dorse, the first woman elected to Memphis City Court.

Posted by: Stacey Shrader Joslin on Mar 31, 2021
News Type: TBA CLE

The TBA’s Tax Law Section is producing a series of one-hour webinars over the next few weeks to look at current issues impacting taxpayers. The first session kicks off on April 7 at noon CDT with “What’s New with the IRS?" This program will cover a variety of IRS initiatives including new installment agreement procedures, new e-filing procedures for Forms 2848, and 2019-specific tax relief to avoid liens. Then on April 28, the section will offer “Biden Your Time Until the Next Tax Bill,” which will look at changes to the tax code discussed by the Biden administration. On May 12, the section will offer “CARES Act Part 2,” which will provide new updates on the CARES Act program. Finally, on May 26, the section will offer “State Tax Remedies: The Informal Conference Process,” which will cover the informal conference process available to taxpayers who wish to challenge a proposed assessment. Make plans now to join your colleagues for these informative programs!

Posted by: Stacey Shrader Joslin on Mar 31, 2021
News Type: TBA CLE

The TBA Animal Law Executive Council has decided to postpone its Annual Forum, scheduled for April 9, until the fall. Given the unique format and activities involved with this program, the section felt that it should be maintained as an in-person event to provide the best experience to attendees. Watch for updates on new dates coming soon. Please contact Animal Law Section Coordinator Jarod Word with any questions or concerns.

Posted by: Kate Prince on Mar 30, 2021
News Type: Legal News, Your Career

The Tennessee Trial Court Vacancy Commission is accepting applications for a Circuit Court Judge in the 14th Judicial District. The vacancy was created by the retirement of  Judge L. Craig Johnson. The 14th Judicial District covers Coffee County. Applicants must be at least 30 years of age, a resident of the state for five years and a resident of the 14th Judicial District. Those interested should apply by noon CDT on April 13. The commission will hold a virtual hearing on May 14 at 9 a.m. CDT. It will be livestreamed on the Administrative Office of the Courts’ YouTube page. Read more about the vacancy on the AOC’s website.

Posted by: Kate Prince on Mar 30, 2021
News Type: Upcoming

Vanderbilt University John L. Seigenthaler Professor of American History Rhonda Y. Williams will deliver the next lecture in Vanderbilt Law School’s Dean’s Lecture Series on Race and Discrimination beginning tomorrow at noon CDT. Williams is a historian of low-income Black women’s and marginalized people’s experiences, everyday lives, politics and social struggles. Her research contributes to the rethinking of gender, political identity, citizenship, civil rights, Black liberation struggles and interactions with the U.S. state. The lecture series seeks to provide foundational knowledge on race, civil rights, discrimination on the basis of gender and sexual orientation, and critical historical milestones and their importance. The event is free and open to the public. Register online.

Posted by: Kate Prince on Mar 30, 2021

A Nashville court created to resolve evictions before the national moratorium ends in June has settled more than 100 eviction cases, WPLN reports. The housing court was established in February and overseen by Judge Rachel Bell in partnership with the Metropolitan Action Commission and Davidson County Circuit Court Clerk Richard Rooker. The Nashville Conflict Resolution Center provided additional mediation work for the project. The goal of the court is to mediate eviction claims and use federal money to pay late rent bills. Those who have had their cases resolved have benefitted by avoiding an eviction on their record and their landlords have gotten paid. Part of the challenge with resolving so many cases is that landlords must agree to participate and the court is trying to work through a large backlog of cases.

Posted by: Kate Prince on Mar 30, 2021

Four people have been indicted on misdemeanor charges stemming from a July 4 protest at the home of Shelby County District Attorney Amy Weirich, the Daily Memphian reports. All four have been charged with disorderly conduct and two with vandalism. They are accused of joining a crowd of roughly 40 others last summer in a protest outside Weirich’s East Memphis home, where they called for her to be fired, for release of jail detainees during the COVID-19 pandemic and for an end to cash bail. A video from the incident showed Roman Candles being fired toward Weirich's roof, which did not catch fire, removing flags from Weirch's yard, crossing a physical property line and subsequently setting those flags and another, larger flag, on fire. District Attorney General Kim Helper of the 21st Judicial District was appointed to investigate the incident. A court date has not been set in the cases and it is unclear if more will be charged.

Posted by: Kate Prince on Mar 30, 2021

Two cases are scheduled to go before the Tennessee Supreme Court tomorrow. One will be livestreamed and the other will be submitted on briefs. Oral arguments for State of Tennessee v. Jeremy Reynolds can be heard live on the Administrative Office of the Courts’ YouTube page beginning at 9 a.m. CDT. In re Loring Edwin Justice will be submitted on briefs. The AOC’s website has more on each case.

Posted by: Kate Prince on Mar 30, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday reinstated the death sentence of Tennessee inmate Anthony Hines, reversing a lower court decision that Hines had received inadequate defense counsel, The Hill reports. Hines was convicted of the 1985 murder of a maid, but was granted a new trial by the U.S. Court of Appeals for the 6th Circuit last year. The appeals court ruled that Hines’ lawyer had failed to advance an alternative legal theory that pinned the murder on another man. SCOTUS reversed that ruling in an 8-1 decision, which found that any shortcomings in Hines’ defense failed to clear the high legal hurdle needed to set aside his conviction. The justices also ruled that the 6th Circuit failed to take into account evidence supporting Hines’ guilt, including “His flight in a bloody shirt; his possession of the victim’s keys, wallet, and car; his recurring association with knives; or his ever-changing stories about tussling with imaginary assailants.”      


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