TBA Law Blog


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Posted by: Azya Thornton on Feb 26, 2025
News Type: Legal News

The City of Memphis has appointed a nine-member team to monitor the Memphis Police Department (MPD), including former law enforcement officials, religious leaders, health experts, professors, and a community organizer. Led by former federal Judge Bernice Donald, the team was formed after the city refused to enter a consent decree with the U.S. Department of Justice regarding civil rights violations by MPD, the Commercial Appeal reports. Additionally, the city has again moved to dismiss a lawsuit filed by Tyre Nichols’ family, arguing that the officers involved acted independently of any official policy and that the allegations are insufficient to establish liability against the city.

Posted by: Azya Thornton on Feb 26, 2025

The Tennessee Supreme Court issued an opinion today rejecting a First Amendment challenge to the state’s personalized license plate program. Tennessee license plates typically feature a randomly generated alphanumeric combination, but drivers can request personalized plates for an additional fee. Leah Gilliam had displayed a personalized plate reading “69PWNDU” for over a decade before the state revoked it, deeming the message to be offensive. Gilliam sued, arguing that the program unlawfully discriminates based on viewpoint in violation of the First Amendment. The court ruled that personalized plate messages constitute government speech rather than private speech and therefore are not protected under the First Amendment. The decision relied on the U.S. Supreme Court’s 2015 ruling in Walker v. Texas, which found that specialty license plates represent government speech. Read more in a press release from the Administrative Office of the Courts.

Posted by: Liz Slagle Todaro on Feb 26, 2025

A significant aspect of the indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC), on behalf of the Tennessee Supreme Court, is the establishment of an “Indigent Representation Commission.” This commission would provide oversight and management for the indigent representation system, including the proposed "Office of Indigent Conflicts and Civil Counsel." The commission would be governed by Tennessee Supreme Court Rule, like existing supreme court boards and commissions, and would manage indigent representation tasks presently handled largely with the courts. The commission also would work closely with other stakeholders to review and implement policies to improve the system. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today.

Posted by: Stacey Shrader Joslin on Feb 26, 2025
News Type: BPR Actions

The Tennessee Supreme Court has directed Carlos Eugene Moore to respond within 30 days why discipline imposed in the state of Mississippi should not also be imposed in Tennessee. The Supreme Court of Mississippi imposed a one-year suspension on Moore on Dec. 31, 2024. The Tennessee court noted in its order that if Moore does not respond, it will impose discipline "with identical terms and conditions" than what was imposed in Mississippi.

Posted by: Azya Thornton on Feb 26, 2025
News Type: Legal News

President Donald Trump has appointed Alice Marie Johnson, a Memphis woman previously pardoned by Trump, to work on clemency issues, The Daily Memphian reports. Johnson is being referred to as the administration’s new “pardon czar,” though her exact duties have not been specified. She was convicted in 1996 of a first-time, nonviolent drug offense and sentenced to life in prison without parole. In 2018, reality television star Kim Kardashian advocated for her release, and Trump granted her executive clemency. Initially placed on a five-year probation, Johnson received a full pardon in 2020.

Posted by: Stacey Shrader Joslin on Feb 25, 2025
News Type: U.S. Supreme Court

The U.S. Supreme Court on Monday declined to hear a challenge to a Tennessee law restricting some drag performances, allowing the first-in-the-nation law to remain largely intact, The Hill reports. In a brief, unsigned order, the justices denied Friends of George’s request to intervene after a three judge panel of the U.S. 6th Circuit Court of Appeals allowed the law to take effect, overturning a district court judge in Memphis, who had blocked the law. The full court of appeals declined to hear the case, leading the group to appeal to the Supreme Court. The law targets “adult-oriented performances” that take place in public or where they may be seen by minors. The paper reports that the theater group did not respond to a request for comment.

Posted by: Stacey Shrader Joslin on Feb 25, 2025
News Type: Legal News

Former Tennessee state senator Brian Kelsey has reported to federal prison after exhausting all appeals in his case, the Daily Memphian reports. He will be housed at a minimum-security satellite camp at FCI Ashland in Kentucky. Kelsey pleaded guilty in 2022 to an illegal campaign finance scheme but then tried unsuccessfully to change his plea. He had argued that his guilty plea was entered into with an “unsure heart and a confused mind” due to events in his personal life. He later argued that he had ineffective legal counsel, and that his claim of innocence was supported by two key witnesses. U.S. District Judge Waverly Crenshaw in Nashville denied the final appeal a few days ago.

Posted by: Laura Labenberg on Feb 25, 2025
News Type: Legal News

TBA YLD members will be voting on one contested election this year. Ballots were sent by email yesterday and are due back by March 9. Two candidates are running for District 9 representative on the YLD Board: Nashville lawyer Ginny Blake and Hendersonville lawyer Kaley Bonett. The email was sent from Intelliscan Inc. Those who did not receive the email in their inbox should check their spam folder. If it still was not received, members should contact elections@tnbar.org to request that it be resent. Learn more about the candidates.

Posted by: Julia Wilburn on Feb 25, 2025
News Type: Legal News

U.S. District Judge J. Ronnie Greer of the U.S. District Court for the Eastern District of Tennessee at Greeneville has sentenced Sean Williams to 95 years in prison. The Johnson City man was convicted in July 2024 of escaping prison and in November of three counts of production of child pornography. According to a press release from the U.S. Attorney's Office for the Eastern District of Tennessee, the evidence presented at the child pornography trial showed that Williams used three minor children to engage in sexually explicit conduct and took photos of that conduct. The conduct occurred at Williams’s apartment in Johnson City. Williams also has been accused of sexually assaulted each of the victims’ mothers while they were unconscious, around the same time that he took pornographic photos of their children. No charges have been filed based on those claims.

Posted by: Julia Wilburn on Feb 25, 2025
News Type: Legal News

The Shelby County Board of Commissioners has appointed Taylor Bachelor as the new General Sessions Criminal Court judge for Division 7, replacing Bill Anderson, who will retire March 1. Bachelor will serve until a special election is held in conjunction with the county's August 2026 general election. Anderson’s exit drew 13 applicants, who were interviewed by county commissioners on Friday. Bachelor emerged from a field of seven. On the third ballot, she prevailed over former U.S. Attorney Reagan Fondren, reports the Daily Memphian. Bachelor is an assistant district attorney general and former juvenile court magistrate.


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