U.S. Supreme Court Justice Ketanji Brown Jackson on Monday authored her first Supreme Court opinion – a dissent from the court’s refusal to hear a death penalty case, the ABA Journal reports. Jackson said the Supreme Court should have heard the appeal by Davel Chinn, who argued that a federal appeals court used the wrong standard when evaluating the impact of the prosecution’s failure to disclose that a star witness had an intellectual disability. Justice Sonia Sotomayor joined Jackson’s dissent. Read the dissent here.  

The TBA Committee on Racial & Ethnic Diversity will host a free event on Monday featuring a panel discussion on diversifying the judicial branch. “Increasing and Retaining Judicial Diversity: the Why, the When and the How” is the first part in a series that will focus on providing minority lawyers the tools needed when seeking judgeships. The panel will be moderated by TBA Chief Diversity Officer Mary Beard and will feature 20th Judicial District Chancery Court Judge I'ashea Myles and Kingsport attorney Jimmie Miller who previously served on Gov. Bill Lee’s Council for Judicial Appointments. The virtual event will take place on Nov. 14 from noon until 1:30 p.m. CST. Read more and register here.

Tennessee Court of Criminal Appeals Judges Camille R. McMullen, Robert H. Montgomery Jr. and Tom Greenholtz on Tuesday heard arguments in the death sentence commutation case of Byron Black, the Tennessean reports. Black filed a motion last year to be deemed intellectually disabled which, per a new state law, could make him ineligible for the death penalty. A Nashville judge tossed the case earlier this year, saying that two prior decisions on Black’s intellectual disability ruled out a review under the new law. Black’s legal team argued that since their client’s claim wasn’t heard under the new standard, the pathway should apply to him. Davidson County District Attorney Glenn Funk had agreed with Black’s team on the trial level, but the Tennessee attorney general’s office is fighting their appeal. The state argues the new law was intended to be extremely limited and not to include anyone who has previously had an intellectual disability case decided on the merits. The appeals judges are expected to issue a written order.

Belmont University College of Law and the Administrative Office of the Courts' Access to Justice Initiative hosted an expungement clinic at the Rutherford County Adult Detention Center and Work Center on Friday. TBA YLD Board member Alix Rogers and attorney Savannah Quintero worked with 13 Belmont Law students to assist 37 incarcerated clients during the clinic, completing paperwork to expunge over 140 charges.

The Tennessee Supreme Court will hear four cases tomorrow in Jackson. Arguments will begin at 9 a.m. and will be livestreamed to the Administrative Office of the Courts YouTube page. Cases to be heard include Paul Zachary Moss v. Shelby County Civil Service Merit Board; James A. Welch et al. v. Oaktree Health and Rehabilitation Center LLC d/b/a Christian Care Centers of Memphis et al.; Commercial Painting Company Inc. v. The Weitz Company LLC et al.; Roger Baskin v. Pierce & Allred Construction Inc. The AOC has more details on each case.

Admissions ceremonies continued Tuesday as the Tennessee Supreme Court hosted two sessions in Nashville to welcome about 150 more new lawyers to the practice of law in Tennessee. TBA President Tasha Blakney introduced many of those to the court and moved for their admission to practice before the court. TBA Young Lawyers Division members were also on hand to welcome the new lawyers and answer questions about the TBA. See photos from the ceremonies.

Wimberly Lawson Wright Daves & Jones PLLC has an immediate opening for an associate attorney in its Knoxville office. Two years of experience in workers’ compensation and general liability is preferred. Applicant must have excellent written and oral communications, legal research, analysis and problem-solving skills. Visit the TBA’s JobLink site for instructions on how to apply or browse all available job openings.

Elder Law Basics 2022 will be presented virtually on Friday from 10 a.m. until 2 p.m. Designed for attorneys new to the practice or those looking to brush up on their knowledge, this program will provide an overview of the intangibles of Elder Law. Topics will include powers of attorney, estate recovery, reverse mortgages, how clients can find and afford health care in retirement, ethics and more. Don’t miss this opportunity to learn from seasoned practitioners providing the information you need to stay on top of developments and changes in the field. Register here.

The Tennessee Supreme Court has issued an order dismissing, denying and granting various provisions contained in a petition filed by the Tennessee Commission on Continuing Legal Education. On Sept. 19, the commission filed a petition to amend multiple sections of Tennessee Supreme Court Rule 21 to correct typographical errors and address other non-substantive items. The court dismissed some of the requested changes because they had already been corrected or were related to provisions the court had since eliminated. It denied amendments to sections 3.01(c), 4.02(b) and (d), 4.04, 4.09, 5.01(f) (the first suggested amendment) and 5.01(h). The court granted the remaining proposed amendments to sections 4.07; 4.08(d); 5.01(f) (the second suggested amendment); 5.05(a), (c) and (d); 6.01; and 8.03. The court also today granted the commission’s request to withdraw a petition requesting amendments to Rule 21. The commission said that changes to the rule made by the court on Oct. 8, 2021, made the petition unnecessary.

New lawyers are being sworn in at ceremonies across the state this week. The Tennessee Supreme Court was in Knoxville Monday to receive new admittees and administer the oath. Ceremonies will continue in Nashville tomorrow, Jackson on Wednesday and Memphis on Thursday. TBA Young Lawyers Division (YLD) members will be on hand to welcome the new lawyers and answers questions about the TBA. YLD President Brittany Faith of Chattanooga was at the Knoxville event today. See photos from the ceremony