TBA Law Blog


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Posted by: Azya Thornton on Jul 21, 2025
News Type: Legal News

The state of Tennessee agreed to permanently remove a woman from the sex offender registry months after a judge found she had been “falsely labeled as a sex offender.” But state officials included a stipulation in the agreement forbidding her and her attorneys from discussing the agreement and her lawsuit with the media, The Tennessean reports. They also are barred from speaking to lawyers involved in “sex offender litigation.” That limitation could be unconstitutional, according to a First Amendment lawyer. The woman, who is not named, was threatened that a drug dealer would kill her son if she did not join him in kidnapping his own son. Police said the man ordered her and another woman also to provide sexual services. After six months in jail, the woman pleaded guilty to the federal charge of aiding and abetting kidnapping. After release from prison, the Tennessee Bureau of Investigation’s (TBI) general counsel decided to place her on the state's sex offender registry. She sued the TBI in 2023, and a federal judge ordered her removed from the registry while her lawsuit was ongoing. The state has now settled the suit.

Posted by: Stacey Shrader Joslin on Jul 21, 2025

The next legal clinic for veterans in Knoxville will take place Aug. 13 from 12-2 p.m. EDT at the Knox County Public Defender's Community Law Office, 1101 Liberty St., Knoxville 37919. This is a general advice clinic sponsored by the Knoxville Bar Association, KBA Barristers, Legal Aid of East Tennessee, Lincoln Memorial University Duncan School of Law, the University of Tennessee College of Law, the Knox County Public Defender’s Community Law Office and the local Veterans Affairs office. Attorneys and law students are needed for the in-person clinic. Attorneys also may sign up to help clients by phone during the clinic hours. Sign up to volunteer here.

Posted by: Azya Thornton on Jul 21, 2025
News Type: Legal News

A federal judge has permanently blocked a portion of a Tennessee law passed last year that makes it a felony to intentionally recruit, harbor or transport a pregnant minor for an abortion without parental consent. The ruling stems from a June 2024 lawsuit filed by Rep. Aftyn Behn, D-Nashville, and a Nashville family law attorney who raised concerns over the portion of the law that criminalized anyone who “recruits” a minor for an abortion, calling the language unconstitutional and vague. The term “recruit” is not defined in state code, which opponents argue could violate the First Amendment. Senior 6th Circuit Court of Appeals Judge Julia Gibbons, sitting as a district judge by designation, appeared to agree with those concerns, stating that “Tennessee cannot criminalize ‘disseminating information about an activity that is legal in another state.’” The Tennessean has more on the story. U.S. District Court Judge Aleta Trauger in September 2024 temporarily blocked enforcement of the same recruitment provision, citing nearly identical concerns.

Posted by: Stacey Shrader Joslin on Jul 21, 2025
News Type: BPR Actions

Carter County lawyer Carl Allen Roberts Jr. received a censure from the Tennessee Supreme Court on July 21 for violating Rules of Professional Conduct 1.3, 1.4, 1.15, 1.16, 3.2 and 8.4(dg). The court found that Roberts informed a client in writing that he would file a petition for contempt against the opposing party, but failed to respond to eight communications from the client; received a cash retainer from a client but took the cash to his home for 39 days before returning it to the firm’s trust account; and failed to appear at a scheduled mediation without notice to his client, the mediator or opposing counsel.

Posted by: Azya Thornton on Jul 21, 2025
News Type: Legal News

A Nashville judge has ordered prison officials to deactivate the defibrillator implanted in Byron Black’s heart moments before his execution on Aug. 5, the Nashville Banner reports. Black’s attorneys argued that unless the device is properly disabled before the lethal injection, it will repeatedly shock Black in an attempt to restore his heart’s normal rhythm, causing a prolonged and excruciating death. The order from Davidson County Chancellor Russell Perkins directs state officials to ensure necessary medical professionals and equipment are present at the execution to deactivate the device. It also summarizes the arguments Black’s attorneys made about the importance of timing. If deactivated too early, Black might die suddenly while a potential stay of execution is being processed. If deactivated too late, the execution could be painfully prolonged.

Posted by: Azya Thornton on Jul 21, 2025

Managers of Impact Plastics, the plant in Erwin where six employees were swept away and died in Hurricane Helene floodwaters, are not legally responsible for those deaths, the Tennessee Bureau of Investigation (TBI) announced last week. The decision followed an investigation that, according to the bureau, found no criminal wrongdoing. No charges will be filed in the case. According to Knox News, the investigation showed Impact Plastics owner Gerald O’Connor dismissed employees in September with enough time and when there were “available paths of evacuation.” The findings mirror those of the Tennessee Occupational Safety and Health Administration, but contradict what many employees told news outlets after the floods — that managers would not allow them to leave until it was too late. The company has denied it forced employees to stay as floodwaters rose. One family has filed a wrongful death lawsuit against the company.

Posted by: Azya Thornton on Jul 21, 2025
News Type: Legal News

U.S. Homeland Security Secretary Kristi Noem advised Nashville residents who are in the country illegally to self-deport during a visit to Nashville International Airport last week. The government is providing a $1,000 stipend and the chance to reenter the country legally for those who take advantage of the offer. Noem was in town to unveil a new express security lane for military members and their families, The Tennessean reports. She also used the visit to reiterate the administration's position that the Nashville government "really put ... lives at risk" when it released the names of several agents involved in local detention actions. ICE has confirmed the arrest of 544 migrants in the region since May 2. Just before Noem's remarks, airport security escorted Rep. Justin Jones, D-Nashville, from the event. He said he was there to get answers for constituents who have been arrested by ICE, according to the paper. Noem also visited the Nashville ICE office and made comments there, the Nashville Post reports.

Posted by: Azya Thornton on Jul 21, 2025
News Type: Legal News

Madison County General Session Judge Hugh Harvey Jr. was surrounded by friends and family Thursday to celebrate his retirement. Harvey has worked in the county court system since 1998. At the event, he reflected on what brought him into the law world and how he will enjoy this new chapter of life, WBBJTV reports. A portrait that will hang in his former courtroom also was unveiled. “It was nice to see some people I hadn’t seen in a while, Harvey said. We didn’t get a chance to talk about a bunch of war stories cause all of us can do that all afternoon,” he joked. See photos from the event.

Posted by: Stacey Shrader Joslin on Jul 18, 2025
News Type: Legal News

The Administrative Office of the Courts (AOC) has released an updated official judicial seal. The newly redesigned seal “maintains key traditional elements symbolic of the court’s authority, impartiality and dedication to justice,” according to a release from the office. It also has been “carefully refined to enhance clarity, scalability, and digital accessibility across various media platforms.” In unveiling the seal, Tennessee Supreme Court Chief Justice Holly Kirby said, “This update ensures that our communications remain consistent, professional, and accessible — reflecting the values of transparency and service at the heart of the judiciary. We are proud to introduce a seal that honors our legacy while embracing a clean and modern design.” In addition to the updated seal, the office released documentation to guide its use, including typography, color palette and formatting protocols for official documents and public outreach. The AOC selected Civitas Agency, a Nashville-based marketing and communications firm, to design the updated judicial seal and style guide.

Posted by: Azya Thornton on Jul 18, 2025
News Type: Legal News

Nearly four decades after two women’s remains were discovered beneath a Charlotte Avenue home, Metro Nashville Police (MNPD) announced that one of the victims has been identified as 23-year-old Sheila Cummings of Elgin, Illinois. The result comes after Cummings’ daughter contacted MNPD’s Cold Case Unit earlier this year, prompted by online reports of the long-unsolved case. DNA testing confirmed her identity. Cummings and another woman known only as “Little Bit” were reportedly murdered by James Shaffer, who confessed in the 1980s while serving time in Kentucky. The identity of “Little Bit” remains unknown, but investigators are continuing efforts using forensic investigative genetic genealogy, the Nashville Banner reports. MNPD Cold Case Detective Matthew Filter said the department currently has 24 open cases involving unidentified human remains.


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