The most recent installment of TBA's Indigent Representation Primer is now available. This week's post looks at the role and significance of guardians ad litem, including specifics of Tennessee's procedures. Read more about Tennessee's system of indigent defense and see past primer posts here.

TBA's Administrative Law Section is hosting its annual forum next week! Make plans now to join colleagues on Dec. 13 from 9:30 a.m. to 1:30 p.m. CST at the Nashville office of Burr & Forman to learn from, and network with, peers. This year's program includes a discussion about the end of the Chevron era as a result of the Loper decision, a panel on administrative appeals and a session covering the art of self care. Register now!

RONALD LEE GILMAN, Circuit Judge. Beky Izamar Mazariegos-Rodas and Engly Yeraicy Mazariegos-Rodas (collectively, the Petitioners) are two sisters who are natives and citizens of Guatemala. The Petitioners, who were left behind in Guatemala as young children after their parents entered the United States without inspection in 2009, fled to this country in 2015 after gang members threatened to maim and kill them. They also entered the United States without inspection, and the Department of Homeland Security (DHS) placed them into removal proceedings shortly thereafter. We therefore GRANT the petition for review in part, DISMISS it in part, VACATE the BIA’s denial of the Petitioners’ application for asylum and withholding of removal, and REMAND for further proceedings consistent with this opinion.

The Petitioner, Monoleto D. Green, acting pro se, appeals from the order of the Davidson County Criminal Court summarily dismissing his second petition seeking a writ of habeas corpus. Pursuant to Rule 20 of the Rules of the Court of Criminal Appeals, we affirm.

After being indicted on multiple charges in two separate cases, Jamarea Dashon Alderson, Defendant, entered an open guilty plea to the offenses of aggravated assault, two counts of simple possession of marijuana, possession of oxycodone, possession of hydrocodone, and evading arrest. The trial court denied alternative sentencing and sentenced Defendant to serve an effective sentence of five years, eleven months, and twenty-nine days, ordering partial consecutive sentencing. Defendant appeals, arguing that the trial court erred in denying alternative sentencing and ordering consecutive sentencing. Defendant also challenges the trial court’s admission of testimony about pending charges during the sentencing hearing. Because the trial court did not abuse its discretion, we affirm the judgments of the trial court.

Rural Bledsoe County, with a population of 15,060 and a poverty rate of 26% — one of the highest in the state — received about $69,000 in opioid settlement money last year from Tennessee's Opioid Abatement Council. County Mayor Greg Ridley felt that the money would be most impactful in funding an opioid prevention program in the school district. Director of Schools Selina Sparkman and School Health Director Michelle Rains developed a program based on grant guidelines to deliver opioid prevention classes within already-required health courses for high school freshmen. Bledsoe County is the only system in the state to hire a teacher focused entirely on opioid prevention education. The Tennessean has the story.

After a friend was pulled over and arrested for DUI despite being sober, state Rep. Lowell Russell, R-Vonore, asked the Tennessee Bureau of Investigation (TBI) to calculate the number of sober DUI arrests over the last few years in Tennessee. According to TBI data, since 2107, 609 people were charged with DUI, whose alcohol and drug test results ultimately came back negative. News Channel 9 reports that Russell, a former highway patrol officer, also officially asked the agency to post lab test results for all DUI arrests in the Tennessee Incident-Based Reporting System (TIBRS) database. He also says he wants to work with the Administrative Office of the Courts on its new $75 million database to make sure dismissed DUI cases are clearly posted, or that the information can be easily given to the public if requested.

After a 16-monthlong investigation, the Justice Department (DOJ) released a report finding that the Memphis Police Department (MPD) and the city of Memphis engage in a pattern or practice of conduct that violates the U.S. Constitution and federal law. According to a press release, the DOJ found that MPD uses excessive force; conducts unlawful stops, searches and arrests; unlawfully discriminates against Black people when enforcing the law; and the city and MPD unlawfully discriminate in their response to people with behavioral health disabilities. The DOJ also identified serious concerns about MPD’s treatment of children, as well as deficiencies in policy, training, supervision and accountability that contribute to MPD’s and the city’s unlawful conduct. This morning, the city of Memphis published letters from Mayor Paul Young and Interim Police Chief C.J. Davis that acknowledged some of the DOJ's findings but also noted progress has been made on some of the issues. The city has notified the DOJ that it will not enter into negotiations for, or sign, a consent decree, reports the Daily Memphian. The DOJ said it could possibly sue the city and file an injunction, forcing negotiations, but did not commit to taking that step yet, according to the Commercial Appeal.

The third annual "Raising the Bar" program, produced by the TBA Women in the Profession Committee, took place yesterday at Baker Donelson's Nashville offices. Keynote speaker Megan Barry, former mayor of Nashville, discussed her new book “It's What You Do Next: The Fall and Rise of Nashville's First Female Mayor.” Following her address, a series of panels focused on personal and professional transitions for attorneys, with notable speakers including Chancellor Anne Martin, retired Judge Bernice Donald, retired Chancellor Ellen Lyle, Casey Duhart, Paul Ney, Judge Khadija Babb and Kisha Cheeks. The program concluded with a session on career development and a one-hour attorney well-being session. The day also provided ample networking opportunities, including a breakfast and reception. Thanks to sponsor Lewis Thomason and to Baker Donelson for hosting the event. See photos from the day.

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