TBA Law Blog


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Posted by: Azya Thornton on Apr 16, 2025

The Tennessee Justice Bus, in partnership with the Tennessee Department of Correction’s Davidson County Day Reporting Center, will host a general legal advice clinic on April 24 from 10 a.m. to 1 p.m. CDT at the Nashville Day Reporting Center in Madison. The Help4TN clinic will provide participants an opportunity to speak with an attorney, ask legal questions, receive guidance and access legal resources. Registration is not required. For more information, visit the Justice for All website.

Posted by: Azya Thornton on Apr 16, 2025
News Type: Legal News

The Tennessee Court of Appeals ruled Tuesday that while Nashville Mayor Freddie O’Connell’s transit referendum can largely proceed as approved by voters, funds raised through the surcharge cannot be used to purchase land for housing and parks. In a unanimous opinion, Judge Andy Bennett wrote that such purchases fall outside the scope of the state’s IMPROVE Act, which governs transit funding, the Nashville Banner reports. The court noted, however, that the ineligible expenses make up only about 1% of the plan and do not invalidate the overall proposal. The Committee to Stop an Unfair Tax, which filed a lawsuit to block the plan, responded to the decision, with an organization spokesperson calling parts of the ruling “murky” and suggesting a potential appeal to the Tennessee Supreme Court. Metro Legal Director Wally Dietz and O’Connell called the decision an “overwhelming victory” that upholds the will of voters.

Posted by: Azya Thornton on Apr 16, 2025

The Tennessee legislature has approved a bipartisan bill, SB256/HB601, that will allow wrongfully convicted individuals who plead guilty to crimes they did not commit to file innocence claims in court based on new evidence. The bill, sponsored by Sen. Todd Gardenhire, R-Chattanooga, and Rep. Bob Freeman, D-Nashville creates a more direct path for innocence claims to be reviewed, the Chattanoogan reports. Currently, individuals who plead guilty have no legal avenue to return to court with new evidence. The bill establishes a process that allows judges to reopen cases when both the district attorney general and the individual — or their attorney — jointly file a petition. Before 2016, people with new evidence could file an error coram nobis petition, even if they had pleaded guilty, but the Tennessee Supreme Court ruled that year that the statute applied only to those convicted at trial. The new legislation would amend the statute to explicitly include guilty pleas. Read more in an op ed from the bill sponsor.

Posted by: Azya Thornton on Apr 16, 2025
News Type: Legal News

Car booting will remain largely prohibited in Tennessee after a judge ruled in favor of the state, saying the law restricting the practice benefits the public, WVLT-TV reports. In recent years, multiple booting companies in Middle Tennessee have been accused of operating without licenses and failing to remove boots from vehicles in a timely manner. Concerns about predatory practices prompted the Tennessee General Assembly to pass a law last year making car booting illegal in most situations. One company, Nashville Booting, then sued the state, arguing the law destroyed its business. The judge said that while the law may harm booting companies, it protects the public from reported industry abuses. Current law allows booting only under specific circumstances. New legislation pending this session could ban the practice outright statewide.

Posted by: Azya Thornton on Apr 16, 2025
News Type: Legal News

The University of Memphis School of Law has launched the Transformative Justice Initiative, a new student organization dedicated to "reimagining justice beyond incarceration, punishment and surveillance." According to the school, the group will serve students interested in movement lawyering, public defense, decarceral legal strategies and building alternatives to the criminal legal system. Through events, panels, workshops and collaborations with advocates and impacted communities, the initiative aims to engage law students, attorneys and others who want to promote a legal system focused on healing, accountability and liberation. Attorneys who want to get involved or learn more can contact Tyler.Foster@memphis.edu or visit the school's website.

Posted by: Azya Thornton on Apr 16, 2025
News Type: Legal News

Gerald Powers, a Tennessee man sentenced to death 26 years ago, died Saturday while on death row, the Tennessean reports. The official cause of death is pending a medical examiner’s report, but the Tennessee Department of Correction confirmed Powers had advanced metastatic cancer at the time of his death. He was one of 45 male death row inmates housed at Riverbend Maximum Security Institution in Nashville. Attorneys with the Federal Public Defender for the Middle District of Tennessee allege that the state failed to provide adequate treatment for Powers' illness. His death comes as Tennessee resumes executions following a five-year pause, with four executions scheduled this year. Powers was not among that group.

Posted by: Azya Thornton on Apr 16, 2025
News Type: Legal News

Tennessee ranks second in the nation for economic outlook, according to the 18th annual Rich States, Poor States Report from the American Legislative Exchange Council, a conservative organization that drafts model legislation for state governments. The News Herald reports that Tennessee moved up from sixth place in 2024 and 13th in 2023, receiving high marks for its tax policies — including no income or estate taxes — and a minimum wage at the federal level of $7.25 per hour. Tennessee ranked 12th in overall economic performance, with a 76.25% growth in gross domestic product from 2013 to 2023. The state also saw an influx of 405,833 new residents between 2021 and 2023, ranking seventh in population growth.

Posted by: Azya Thornton on Apr 16, 2025
News Type: Legal News

A federal judge has struck down a U.S. Consumer Financial Protection Bureau (CFPB) rule that capped credit card late fees at $8, after the agency argued the regulation, enacted under the Biden administration, was unlawful. U.S. District Judge Mark Pittman granted a joint request by the CFPB and a coalition of six business and banking groups to vacate the rule, Reuters reports. Pittman agreed the rule violated the Credit Card Accountability Responsibility and Disclosure Act of 2009, which allows issuers to charge fees that are "reasonable and proportional to violations." In a March 2024 lawsuit, CFPB was accused of overstepping its authority.

Posted by: Julia Wilburn on Apr 15, 2025
News Type: Passages

Charles Stephen "Steve" Weaver died April 12 at age 76. In his early years, he was a musician, songwriter, guitar instructor, entertainment agent and a member of several regionally popular groups based in Memphis. After graduating from the University of Memphis Cecil C. Humphreys School of Law in 1977, Weaver relocated to Atlanta and was an assistant professor and director of the Commercial Music/Recording Program at Georgia State University. He began his private practice in 1983, with offices in Memphis and Nashville, moving all offices to Nashville's Music Row in 1995. Weaver was a member of the American Bar Association, Tennessee Bar Association, Nashville Bar Association and Country Music Association, among others. Memorial gifts may be made to Alive Hospice of Nashville or Proverbs 12:10 Animal Rescue. A private memorial will be scheduled at a later time.

Posted by: Julia Wilburn on Apr 15, 2025
News Type: Legal News

The Lincoln Memorial University Duncan School of Law (LMU Law) hosted its annual Student Public Interest Fellowship (SPIF) Auction in March, raising nearly $20,000 to support students pursuing public interest legal work. The SPIF funds stipends for students interning in public interest roles, helping alleviate financial burdens associated with unpaid or low-paid positions. The funds raised will provide essential financial assistance for students working in roles that serve underrepresented communities, allowing them to gain valuable experience without the hardship of covering travel and living expenses. “The new Student Public Interest Fellowship at LMU Law will help ensure that financial need does not prevent our students who prefer public interest work from seeking out and accepting those opportunities,” said LMU Law Vice President and Dean Matt Lyon. Read more in a press release from the law school.


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