The U.S. Department of Justice (DOJ) today announced that Tennessee’s decades-old aggravated prostitution statute violates the Americans with Disabilities Act (ADA). The Associated Press reports that Tennessee is the only state in the nation that imposes a lifetime registration requirement on a “violent sex offender” convicted of engaging in sex work while living with HIV, regardless of whether the person knew they could transmit the disease. The DOJ is calling on Tennessee to not only stop enforcing the law, but also remove those convicted under the statute from the sex offender registry and expunge their convictions. In October, several groups — including the ACLU of Tennessee, Transgender Law Center, OUTMemphis and several Jane Does —also filed suit over the law.

The Defendant, Duane R. Doxtater, appeals the trial court’s revocation of his effective tenyear probationary sentence for multiple convictions stemming from two separate global guilty plea agreements. On appeal, he argues that the trial court erred by fully revoking his probation and ordering him to serve the remainder of his sentence in confinement. Following our review, we affirm the judgment of the trial court.

This is a post-divorce dispute in which the former husband seeks to terminate alimony in futuro based on the fact that a third party, not related by blood, resided with the former wife for several months. It is undisputed that the girlfriend of the parties’ son had previously resided in the former wife’s home, but that the girlfriend had moved out before the husband filed his petition to terminate alimony. The parties’ Marital Dissolution Agreement (“MDA”) provides that “alimony shall terminate upon the death of Husband or Wife, the remarriage of Wife, o[r] Wife’s cohabitation with someone to whom she is not related by blood pursuant to Tenn. Code Ann. [§] 36-5-121(f).” The trial court held that the reference to § 36-5-121(f) evinced an intent to rely on the so-called “cohabitation statute” in subsection (f)(2)(B), which creates a rebuttable presumption that an alimony recipient does not need the same level of support when they are living with a third person. However, because the son’s girlfriend was no longer residing in the wife’s home, the trial court summarily dismissed the petition. The trial court relied on a line of cases, including Woodall v. Woodall, No. M2003-02046-COA-R3-CV, 2004 WL 2345814 (Tenn. Ct. App. Oct. 15, 2004) and Wiser v. Wiser, No. M2013-02510-COA-R3-CV, 2015 WL 1955367 (Tenn. Ct. App. Apr. 30, 2015), which stand for the proposition that “[a]n obligor spouse cannot rely on Tennessee Code Annotated § 36-5-121(f)(2)(B) to terminate or suspend alimony payments if the alleged cohabitation ceased before the modification petition was tried.” We affirm the trial court in all respects. The MDA also contains a mandatory attorney fee provision entitling the wife, as the prevailing party, to recover her reasonable expenses incurred in defending this appeal, including attorney’s fees and court costs. Accordingly, on remand, the trial court shall make the appropriate award.

A Rutherford County jury convicted the Defendant, Webster Malone, of two counts of selling less than .5 grams of cocaine. The trial court denied his request for community corrections and sentenced him to an effective sentence of fifteen years of incarceration. On appeal, the Defendant contends that the evidence is insufficient to sustain his convictions and that the trial court erred when it sentenced him. After review, we affirm the trial court’s judgments.

It's time for TBA's Year End CLE event! This annual tradition brings you quick and easy content, right from the comfort of your own home or office, whether you need one hour of CLE or 15. There is a quality mix of packages based on hours needed or topic, live webcasts and on-demand video — all offered virtually. And our excellent customer support at cle@tnbar.org will get you through the finish line for your 2023 CLE requirements. Select packages by hour or topic, or choose your own CLE options anytime by visiting cle.tba.org to access over 200 on-demand programs. Topical packages include attorney wellness, Convention 2023 programming and law practice management, as well as packages from each of our 33 different practice areas!

The Tennessee District Attorneys General Conference (TNDAGC) announced that, beginning today, Meghan Fowler will serve as the conference’s new West Tennessee pro tem prosecutor. The TNDAGC Legal Services Division facilitates the processing — and in some cases prosecution — of all criminal cases for which a local district attorney general or judge has identified a conflict of interest that requires recusal. Fowler is a career prosecutor who has previously served as an assistant district attorney in both Tennessee and Mississippi. Read the group's press release.

Lincoln Memorial University (LMU) Duncan School of Law is seeking attorneys and judges who would be willing to be interviewed for 30 minutes by law students in the spring semester of 2024. As part of a new required 1L class, students will be interviewing attorneys and judges about the role that one of the following values has played in their legal careers: service, excellence, resilience, integrity, empathy and self-awareness. Interviews may be done via Zoom, telephone or an in-person meeting, as convenient to the interviewee. If you are interested in participating, please share your contact information by filling out this form.

Three of the nine corrections officers indicted in the beating death of Shelby County Jail inmate Gershun Freeman allegedly beat another inmate, Corey Lurry, days before Freeman’s death. Lurry filed a pro se motion in Memphis federal court on Nov. 12, alleging a violation of his civil rights. The Daily Memphian reports that the motion requests the court to review camera footage of the attack, to hold jail staff accountable for “unjust actions” and award $15 million for “physical, mental and emotional stress/PTSD” that the alleged attack caused.

Chancellor Russell T. Perkins yesterday filed a temporary injunction against musician John Oates, who is trying to sell his shares of Whole Oats Enterprises to third party publisher Primary Wave Music. Daryl Hall, the other half of the music duo Hall & Oates, filed a lawsuit in Davidson County Chancery Court on Nov. 16, alleging the sale violates a business agreement between the musicians. The Tennessean reports that the injunction blocks the sale until a private arbitrator hired to weigh in on the dispute decides whether a restraining order in the arbitration is appropriate, or until Feb. 17, 2024, at 1 p.m. CST, whichever comes first.

Sandra Day O’Connor, the first woman to serve on the U.S. Supreme Court, has died at age 93. Nominated to the court by President Ronald Regan in 1981, O’Connor served until 2006. In his nomination, Reagan called her “truly a person for all seasons, possessing those unique qualities of temperament, fairness, intellectual capacity and devotion to the public good which have characterized the 101 brethren who have preceded her.” During her tenure, O’Connor became known as a moderate conservative and was often the deciding vote on thorny social issues, including affirmative action and abortion rights. Chief Justice John Roberts described O’Connor as a “patriot” and a “fiercely independent defender of the rule of law, and an eloquent advocate for civics education.” CNN has this remembrance. Members of the Tennessee judiciary also reflected on O'Connor's impact as a jurist.