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Posted by: Julia Wilburn on Feb 16, 2024

Franklin Republicans Rep. Jake McCalmon and Sen. Jack Johnson have introduced HB1906/SB1801, which would extend the statute of limitations for minor victims of child sexual abuse by 15 years. Fox 17 Nashville reports that the bill would give minor victims of trafficking for a commercial sex act up to 30 years after they turn 18 to sue for injuries or illnesses that occurred during the abuse. Currently, victims are able to file civil actions against alleged perpetrators for up to 15 years after their 18th birthday.

Posted by: Julia Wilburn on Feb 16, 2024

Several bills have been moving through the legislative process this week. A House panel has advanced a bill that would make it illegal for an adult to help a minor get an abortion without parental consent. The TN Ledger reports that, if enacted, the measure would make it illegal for an adult who "recruits, harbors or transports" a pregnant minor within the state to get an abortion without consent from the minor's parents or guardians. In other news, the proposed ELVIS Act unanimously passed the House Banking and Consumer Affairs Subcommittee following testimony from singer and actress Chrissy Metz, songwriter board member Jamie Moore and Recording Industry Association of America Senior Vice President of Public Policy Jessie Richard. The bill would protect the individual voice, image and likeness against irresponsible uses of AI technology, according to the Tennessean. A bill to require students to have firearm safety training at school has passed the House Education Instruction Subcommittee, WPLN reports. And legislation that would give officiants the power to refuse to marry anyone with whose habits or lifestyle they disagree is headed to the governor for his signature, reports Fox Chattanooga. Opponents say the bill is unnecessary and that the law already allows pastors to refuse to perform marriages. Finally, two bills have been delayed, according to news reports. "Jillian's Law," which would close a loophole for those currently deemed incompetent to stand trial, has been paused until legislators "ensure it does not become law without the funding to pay for it," according to WJHL. Also delayed was proposed legislation that would ban the practice of running for two offices at the same, The Tennessee Journal reports.

Posted by: Julia Wilburn on Feb 16, 2024

TBA’s Legislative Updates podcast is new with TBA lobbyist Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley. This week they discuss several bills that are moving through the legislative process, including HB2320/SB2375 on debtor/creditor relations; the rolling professional privilege tax bill, HB2586/SB1841; HB1804/SB1690 on child custody and support; HB2710/SB2254, TBA's conservatorship bill; HB2645, the adoption birth certificate bill; and HB2644, TBA's adoption clean-up bill. Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

Posted by: Julia Wilburn on Feb 16, 2024

Belmont College of Law's Law Journal will present its inaugural symposium, "Drawing Back The Curtain: Discussions of Negotiations, Mediations and Alternative Dispute Resolution in the Entertainment and Sports Industries" on March 1 from 9 a.m. to 1 p.m. CST. The event will feature three panels of attorneys, industry professionals and professors from sports, music publishing and music recording industries. The group will discuss the increasing importance of out-of-court conversations that can profoundly influence the rights of artists and athletes regarding contractual rights, intellectual property rights, privacy rights and profitability. Attorneys can register here. See the attached flyer for more information.

Posted by: Julia Wilburn on Feb 16, 2024

It's Leap Year, so why not spend your extra day giving back to the community by volunteering with West Tennessee Legal Services (WTLS)? The group will hold a virtual Simple Wills and Power of Attorney Clinic during the day on Feb. 29 CST. All volunteers will participate virtually using the WTLS document automation software and calling clients to complete their needed documents. WTLS will handle meeting with clients to sign the documents. Sign up here.

Posted by: Tanja Trezise on Feb 15, 2024

The petitioner, Torius Saville Russell, appeals the denial of his petition for post-conviction relief, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. Following our review, we affirm the denial of the petition.

Posted by: Tanja Trezise on Feb 15, 2024

Brandon R. Richardson, Defendant, was convicted by a jury of two counts of vehicular assault, one count of felony reckless endangerment, misdemeanor reckless endangerment, evading arrest, driving under the influence, driving without a license, and a violation of the open container law. In a motion for new trial, Defendant argued that the trial court erred in overruling his challenge to multiple members of the jury pool for cause. The trial court denied the motion for new trial. Defendant sought an untimely appeal; this Court waived the timeliness requirement. On appeal, Defendant challenges the trial court’s decision to deny Defendant’s challenge for cause to members of the jury pool. After a review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Feb 15, 2024

MATHIS, Circuit Judge. Cameron Cooper has a disability that causes him to involuntarily utter racist and profane words. Even with the disability, Cooper (like many adults in America) needs to work to earn an income. Fortunately, the Americans with Disabilities Act (“ADA”) provides a remedy for an employee whose employer discriminates against him for having a disability. But to access the remedy, the employee must be able to perform the functions of his job, with or without help (an accommodation) from his employer.

Coca-Cola Consolidated, Inc. (“CCCI”) hired Cooper to deliver its products to its customers. Like many jobs that require an employee to interact with the employer’s customers, Cooper needed to provide excellent customer service. Cooper’s racist and profane language at times got in the way of him providing excellent customer service to CCCI’s customers. Over the years, CCCI provided Cooper with various accommodations for his disability. CCCI’s last accommodation to Cooper required him to transfer to a position with no contact with CCCI’s customers. That transfer led to Cooper suing CCCI under the ADA for disability discrimination and constructive discharge.

The district court granted summary judgment to CCCI. For the reasons that follow, we affirm.

Posted by: Paul Burch on Feb 15, 2024

Nashville Mayor Freddie O'Connell said today that voters should expect to see local transit funding on their ballots in November, reports the Tennessean. During his campaign for mayor, O'Connell pledged to pursue a countywide vote on a tax raise to fund mass transit projects during his first term. Today's announcement marks the start of a new campaign to sell the city on a plan to improve public transit and a dedicated stream of new tax revenue to pay for it. O'Connell said he expects to present a plan in greater detail next month, including the anticipated cost of the project, which likely will be "somewhere in the billions" spread over a 30-year period, according to the paper.

Posted by: Julia Wilburn on Feb 15, 2024

The defendant, Michael M. Cook, was convicted of one count of aggravated rape and two counts of aggravated kidnapping for which he received an effective term of 25 years’ incarceration. On appeal, the defendant argues that: (1) police contamination of the condom that yielded the defendant’s DNA profile resulted in a fundamentally unfair trial under State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999); (2) the trial court erred in not requiring chain of custody after the police mispackaged the condom in a way that degrades DNA; (3) the identification of the defendant’s voice based on his testimony at the Momon hearing resulted in a fundamentally unfair trial; (4) the prosecution commented on the defendant’s silence by arguing the defendant’s rights prevented a non-suggestive voice identification; (5) improper argument by the State throughout trial affected the verdict; (6) the trial court failed to give a full and complete charge of the law by not instructing the jury on identification and other instructions requested by the defendant; and (7) the cumulative errors in the case warrant reversal. Following a thorough review of the record, the briefs and oral arguments of the parties, we affirm the judgments of the trial court.


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