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Posted by: Stacey Shrader Joslin on Jan 16, 2025

A federal judge has upheld a court-imposed gag order against Nashville lawyer Daniel Horwitz. The Tennessean reports that Senior Judge Julia Smith Gibbons of the U.S. 6th Circuit Court of Appeals, who was assigned to hear the case for the U.S. District Court for the Middle District of Tennessee, dismissed a lawsuit brought by Horwitz and the nonprofit public interest law firm Institute for Justice. After the ruling Horwitz pledged to “continue to fight” for the right to speak out. The gag order, imposed by U.S. Magistrate Judge Jeffery Frensley, prevents Horwitz from speaking publicly about a case he brought against private prison operator CoreCivic.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

Tenneesse’s Republican-led legislature reappointed all of the state’s constitutional officers on Wednesday, giving Secretary of State Tre Hargett, Comptroller of the Treasury Jason Mumpower and Treasurer David Lillard Jr. new terms. Hargett was first elected in 2009 and will serve another four-year term. Mumpower, who has been in office since 2021, and Lillard, who has been in office since 2009, were elected to new two-year terms. The Nashville Banner reported the votes in its newsletter today.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

The U.S. Supreme Court has turned down former state senator Brian Kelsey’s plea to consider his conviction and sentencing for campaign fraud. Action News 5 reports that the court denied certiorari in the case on Monday without providing an explanation. In 2022, Kelsey pleaded guilty to violating campaign finance laws and conspiring to defraud the Federal Election Commission to benefit his 2016 campaign for U.S. Congress. He later tried to withdraw his guilty plea, arguing that federal prosecutors violated his plea agreement. That request was denied, and he was sentenced to 21 months in prison. Kelsey then petitioned the 6th U.S. Circuit Court of Appeals, which upheld the lower court’s actions. That decision was then appealed to the Supreme Court.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

Chattanooga city and Hamilton County officials are pushing the federal government to consider the TVA downtown office complex for the site of a new federal courthouse. Arguments for that location include urban revitalization and expanded economic growth for the downtown area, according to Here Chattanooga. According to the Chattanooga Times Free Press, however, federal planners have identified a four-acre block on Vine Street as the most advantageous location for the new courthouse. Read more in a news release from the General Services Administration. A $218 million budget has been approved for acquisition, design and construction of a new federal courthouse to replace the nearly 100-year old Joel W. Solomon Federal Building.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

A group of 75 Tennessee House members is pushing the NCAA to change its rules following a recent ruling that struck down Title IX rules proposed by President Joe Biden’s administration. In a letter, the Republican members call on the sports organization to “protect the integrity of women’s sports by immediately reversing its controversial decision to allow male athletes to compete as females.” The request comes a week after a ruling from the U.S. District Court of the Eastern District of Kentucky against rules from the U.S. Department of Education that would have expanded protections in Title IX to LGBTQ+ students. WSMV has more on the story.

Posted by: Laura Labenberg on Jan 16, 2025

The TBA Young Lawyers Division will hold the next installment in its Rookie Series next Wednesday at noon CST. "Intro to Probate Law" will feature Laura Chastain with the Board of Professional Responsibility, Probate Court Judge Kathleen Gomes, Memphis lawyer Scott Peatross with Bourland Heflin and TBA YLD Vice President Jennifer Sneed with St. Jude - ALSAC. The webcast will cover some of the most common ethical issues that arise in probate practice and how lawyers may best navigate them. It will offer one hour of ethics credit. Click here for more information and to register.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

Make plans now to join colleagues from across the state at the TBA’s 2025 Annual Convention, set for June 11-14, in the Nashville suburb of Franklin. Annual favorites such as the Bench/Bar program and luncheon, Lawyers Luncheon and the swearing in of TBA’s new president will return, as will the Wednesday night welcome reception and an expanded Thursday evening reception. This year’s convention also will include a tech showcase component, allowing attendees to get a more hands-on experience with exhibitors. The four-day event will take place at the Franklin Marriott Cool Springs, located 20 minutes from downtown Nashville with easy access to I-65 and free parking. Stay tuned for more information!

Posted by: Julia Wilburn on Jan 16, 2025

Memphis events scheduled to celebrate Martin Luther King Jr.'s life and legacy include Volunteer Memphis' 2025 MLK Days of Service, which will take place between Jan. 16-20 and include a health and wellness fair and a community clean up. King Day at the National Civil Rights Museum will be celebrated on Jan. 20 with free admission to the site. This year’s celebration also will mark the launch of the museum’s yearlong observance themed Community Over Chaos, highlighting pivotal anniversaries in civil rights history, including the 60th anniversary year of the Selma March and the Voting Rights Act of 1965. Also on Monday, the Memphis Grizzlies, National Civil Rights Museum, City of Memphis and Shelby County will host the 23rd Annual Martin Luther King Jr. Celebration Game, including a panel on the intersection of race and sport.

Posted by: Julia Wilburn on Jan 16, 2025

Monday, Jan. 20, is Martin Luther King Jr. Day, and several Nashville organizations are hosting events, volunteer opportunities and celebrations of life. The 40th Annual Nashville MLK Day celebration includes a youth symposium and intergenerational panel on Saturday, and a march along Jefferson Street and a convocation at Tennessee State University with author and professor Dr. Daniel Black. Get details on the MLK Joint Day of Service on Saturday, MLK: A Celebration in Song with Mickey Guyton and the Nashville Symphony on Sunday, and a screening of the film "A Better Way: James Lawson, Architect of Nonviolence" at Vanderbilt University.

Posted by: Azya Thornton on Jan 15, 2025

Following a jury trial, the Defendant, James Allen Worley, challenges his convictions and sentences for four counts of rape of a child and one count of attempted rape of a child on multiple statutory and constitutional grounds. Specifically, the Defendant contends that the trial court erred by 1) admitting the forensic interview of the child victim on the grounds of the forensic interviewer’s lack of requisite experience and improper authentication by the victim, 2) denying the Defendant’s motion to suppress his statements to law enforcement on the ground that they occurred during an impermissibly lengthy warrantless detainment, and 3) excessively sentencing the Defendant to consecutive terms on all counts. After a thorough review of the record and consideration of the parties’ arguments, we remand the case to the trial court for entry of corrected judgment forms in counts 1 through 5. In all other respects, we affirm the judgments of the trial court.


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