TBA Law Blog


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Posted by: Julia Wilburn on Mar 12, 2024

A bill mandating that police record interviews with juveniles is headed to Gov. Bill Lee’s desk for his signature. Introduced by Rep. Jesse Chism, D-Memphis, and co-sponsored by Sen. London Lamar, D-Memphis, HB1602/SB1577 passed the Senate on March 4 and the House on March 5 with bipartisan support. Chism told the Tri-State Defender that the measure offers protection for both the officer and the minor. “Making sure the interview is recorded will prevent any false claims from being made against our law enforcement officers while at the same time protecting any juveniles from being coerced into a false confession,” Chism said in a statement.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

A federal judge has ruled that a class action lawsuit against Johnson City and its police force can move forward, Tennessee Lookout reports. The suit alleges police took bribes and looked the other way while a serial rapist assaulted scores of women and at least two children. The ruling from U.S. District Judge Travis McDonough opens the door to not only the initial 10 Jane Doe plaintiffs, but potentially hundreds of Johnson City victims who were sexually assaulted over a more than five-year period — from Jan. 1, 2018, to April 25, 2023 — regardless of the perpetrator or whether assaults were reported.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

After almost two decades of working with the Tennessee Bar Association, initially as a contractor and currently as an employee, Technical Systems Administrator Dave Bevis is retiring from the organization. "I have enjoyed working at TBA and wish the organization, and especially the staff, much success going forward," he said. Bevis plans to stay busy building furniture and other items (and keeping all his fingers) as well as working on some technology projects centered around accessibility for people with disabilities. Executive Director Sheree Wright said of his departure, “We are grateful to Dave for all he has done for the TBA, from developing the online CLE system to his patient way of solving our IT problems. We wish him well in this next chapter!” Applications are now being accepted for the position of technical systems administrator. Visit www.tba.org/careers to view the job description and apply.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

The Tennessee Court of Appeals has set aside a lower court’s decision that would have kept records related to a Shelby County child’s death from being released to the public, reports the Tennessee Lookout. The Department of Children’s Services (DCS) denied Memphis reporter Stacy Jacobson with WREG-TV access to complete case files as she sought to report on what the agency did or not do to protect a 14-year-old boy before he died from starvation in 2020. The public records lawsuit returns to Davidson County Chancery Court.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

State Rep. Robert Stevens, R-Smyrna, has requested a campaign finance audit and investigation into Murfreesboro Mayor Shane McFarland and Smyrna Mayor Mary Esther Reed. According to the Daily News Journal, Stevens wrote the Tennessee Registry of Election Finance a Jan. 25 letter pertaining to a $7,500 donation from McFarland on Nov. 23, 2022, to Tennesseans For Greater Accountability, a political action committee (PAC). The PAC then "on the exact same day" donated $7,500 to the campaign account of Reed. The Registry is scheduled to review the audit request on March 26.

Posted by: Julia Wilburn on Mar 12, 2024

The Tennessee General Assembly on Monday confirmed Shelby County Circuit Judge Mary Wagner to the Tennessee Supreme Court. Wagner will take her seat on the court after Justice Roger A. Page's retirement on Aug. 31. Wagner's confirmation passed the Tennessee House of Representatives 94-3 and the Senate 32-0 during a brief joint session. The Tennessean reports that members of the Senate Judiciary Committee unanimously approved her selection last week, with lawmakers on both sides of the aisle hailing her as an excellent choice for the court. During the hearing, Wagner described herself to committee members as “both an originalist and a textualist" and said overturning precedents should be done "sparingly and cautiously." Read more from the Administrative Office of the Courts.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: TBA CLE

Save the date for the TBA's Annual Dispute Resolution Forum, taking place May 9 in Nashville at the Tennessee Bankers Association in Nashville. An annual staple for Tennessee attorneys, this event provides insight from top professionals in the alternative dispute resolution (ADR) vocation while allowing attendees to meet with other mediators from across the state. More details coming soon!

Posted by: Stacey Shrader Joslin on Mar 11, 2024

The Tennessee Supreme Court last week abolished a common law rule that required testimony of a criminal defendant’s accomplice to be supported by other evidence. The change, which will apply prospectively, was made in an opinion upholding a first-degree murder conviction. The court found that the “accomplice-corroboration rule is effectively obsolete as a common law rule and that the General Assembly is better equipped to decide whether such a rule should exist in Tennessee.” Supreme Court Justice Sharon G. Lee agreed in a separate opinion that the conviction should be affirmed but disagreed with abolishment of the accomplice-corroboration rule. She argued that the rule has long served to safeguard against untrustworthy accomplice testimony. Justice Sarah K. Campbell also filed a separate opinion agreeing with much of the majority, but argued that abolishing the rule should have been applied retroactively. Read more about the decision from the Administrative Office of the Courts.

Posted by: Stacey Shrader Joslin on Mar 11, 2024
News Type: Legal News

A new six-part series titled “Justice USA” from HBO Max will feature former Nashville Public Defender Dawn Deaner as well as stories from Nashville's criminal courts. The series, which begins Thursday, is being promoted as providing a real look at what happens when someone is arrested and subjected to the criminal justice system. The project began more than six years ago when Deaner was public defender. She worked with the producer Marshall Goldberg, who filmed much of the show inside Nashville’s jails and courtrooms. Deaner, who is now with Choosing Justice Initiative, writes in a recent email message that she hopes the series motivates the legal community to “work on creating different systems of justice rooted in restorative practices instead of punishment.” Watch a trailer for the show.

Posted by: Stacey Shrader Joslin on Mar 11, 2024
News Type: Upcoming

The Belmont University College of Law’s Legal Aid Society is holding a golf tournament on April 5 from noon to 5 p.m. CDT at the Towhee Golf Club in Spring Hill. Money raised during the "Putt for Pro Bono" tournament will be awarded to law students who commit their summers to working in unpaid, public interest internships. The event also will include a special silent auction item: a private five-course dinner with wine pairings for a group of up to eight people. Get more information or register here. Email fundraising chair Brooke Wanser with any questions.


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