Week of September 4, 2023 - September 8, 2023

A national prisoner advocacy group is urging the U.S. Department of Justice to investigate alleged civil rights abuses at Trousdale Turner Correctional Center in Hartsville, the Tennessean reports. Families Against Mandatory Minimums (FAMM) says it has heard reports of sexual and physical assault; use of force, threats and retaliation by staff; neglect of medical and physical needs; unsanitary conditions; and gang activity. Private prison company CoreCivic, which runs the facility, says there are staffing issues but that the claims raised by FAMM "don't reflect the facts."

Police are investigating the death of a man who was found unresponsive in his cell Friday evening, WSMV reports. According to the station, officers at the Nashville-Davidson County Maximum Correctional Center discovered 60-year-old Phillip Pharris around 5:15 p.m. CDT. Medical staff were called in to assist and began CPR when they arrived. Pharris was pronounced dead at 5:55 p.m. He had been in custody since June 9 on two counts of probation violation with an arrest history of controlled substance possession, theft, vandalism and aggravated assault. An investigation is underway but foul play is not suspected.

The American Bar Association (ABA) filed an amicus brief last week with the U.S. Supreme Court, urging the court to uphold protections granted by Congress to administrative law judges (ALJs). In its next term, the court has agreed to hear a case challenging whether Congress violated Article II of the U.S. Constitution by limiting removal of ALJs. In May 2022, a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that for-cause removal protections violate the constitution’s requirement that the president ensure the laws be faithfully executed. The ABA argues that ALJs need “decisional independence … to maintain public confidence in their decisions.” Read more about the case from the ABA.

U.S. senators Marsha Blackburn and Bill Hagerty are accepting applications from candidates interested in a judicial appointment to the U.S. Court of Appeals for the Sixth Circuit. Those interested should download and complete the required questionnaire available online from Blackburn's website or Hagerty's website. Completed questionnaires and a current resume should be submitted by email to appointments@blackburn.senate.gov and appointments@hagerty.senate.gov by Oct. 2. Questions about the process also may be sent to both email addresses.

A legal clinic for veterans, sponsored by Memphis Area Legal Services Inc. and the Memphis Bar Association, will be held in Memphis tomorrow from noon to 2 p.m. CDT. The clinic will be moving back to an in-person forum at a new location — the Veterans Affairs’ (VA) social work offices at 575 Phelan Ave., Memphis 38126 — but virtual/telephonic options will still be available. Volunteers do not have to be certified by the VA to help. Cases include wills and estates, family law, child support, criminal defense, expungement, housing and consumer protection. Those interested in assisting should contact Jake Dickerson.

Legal Aid of Middle Tennessee & the Cumberlands will hold three legal clinics this week. On Tuesday, a clinic will be held at the Gallatin Civic Center, 210 Albert Gallatin Ave., from 4:30-5:30 p.m. CDT. On Wednesday, a legal clinic specifically for veterans will be held from 11 a.m. to 1 p.m. CDT at Operation Stand Down, 1125 12th Ave. S., Nashville 37203. On Thursday, a clinic will be held at Greenhouse Ministries, 309 South Academy St., Murfreesboro 37130 from 3-4:30 p.m. CDT. See all September clinics. To volunteer, contact Kendra Cheek, 615-780-7131.

TBA YLD values and seeks to promote diverse and inclusive participants in all TBA educational programs. We are looking to identify new, dynamic and diverse speaking talent that might not yet be known on a statewide level. If you are interested in participating, please fill out this form.

The Memphis Bar Association YLD will be hold its New Attorney Mixer on Sept. 28 from 5:30-7:30 p.m. CDT at the office of Nahon, Saharovich and Trotz at 488 S. Mendenhall Rd. Enjoy drinks and heavy hors d'oeuvres generously provided by NST. Click here to RSVP.

The YLD will hold its 2023 Golf Tournament Oct. 14 at Timber Truss Golf Course. Click here for more information.

Johnathan Issac Gradell Allen, Defendant, pleaded guilty to arson and was sentenced to four-and-one-half years’ incarceration. Defendant claims that the trial court erred by not sentencing him to an alternative sentence and by imposing an excessive sentence. Defendant also claims that the State’s negligent handling of certain sentencing documents caused an unreasonable delay in his transfer from the jail to prison thereby delaying the date of his parole hearing. After a thorough review of the record, applicable law, and the briefs, we affirm.