The TBA wants to hear from its Business Law Section members! The section executive council is beginning to plan the CLE offerings for this bar year, so please let us know what you want to hear about or who you want to hear from. Please complete this simple anonymous form to submit your innovative ideas. 

The traditional maxim in a military career was “up or out” — either you progressed up the chain of command or you were urged to find your career calling elsewhere. Similarly, there are “A-list” clients who are easy to work for, pay promptly and bring in new business. This webcast replay on Monday will explore the process of grading clients on a variety of criteria, and then cover techniques to move them up the scale, turning “C clients” into Bs and “B clients” into As. Join Jeffrey Krause with Affinity Consulting at noon CDT for this one-hour program. Can’t make that time? The program also is available on demand.

The Trial Court Vacancy Commission has received eight applications for a vacancy in the 20th Judicial District following the retirement of Judge Cheryl A. Blackburn. The applicants for the criminal court vacancy are Mark Cole, Ronald Dowdy, Dustin Faeder, Keeda J. Haynes, Dominic J. Leonardo, Kyle D. Parks, Stephen Douglas Thurman and James Harwell Todd. A public hearing for the candidates will be held July 31 at 9 a.m. CDT at the Nashville School of Law, 4013 Armory Oaks Dr., Nashville 37204. Any member of the public may attend and may express orally or in writing any objections about the applicants. The commission is expected to vote immediately following the interviews and forward nominees to Gov. Bill Lee for his consideration.

Defendant appeals his Shelby County Criminal Court jury conviction of aggravated rape, challenging the sufficiency of the convicting evidence and arguing that the trial court should have dismissed the indictment based on either pre-indictment delay or the failure to follow the mandates of Tennessee Rule of Criminal Procedure 5, that post-indictment delay deprived him of the right to a speedy trial, that the trial court erred by refusing to grant a mistrial following the victim’s in-court outburst, that the trial court violated his right to counsel, and that the trial judge should have recused himself. Upon review, we discern no error, and, accordingly, affirm the judgment of the trial court.

This appeal concerns termination of parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Hawkins County (“the Juvenile Court”) seeking to terminate the parental rights of Rikiya P. (“Mother”) to her minor children Annabelle, Jasmine, and Liam (“the Children,” collectively), as well as the parental rights of Daniel R. (“Father”) to Liam.1 The Children had been removed from Mother and Father’s custody because Mother starved and beat Kenna, Father’s daughter by another mother.2 Father was aware of the abuse but failed to protect Kenna. The Juvenile Court terminated Mother’s and Father’s parental rights on the ground of severe child abuse. Mother and Father appeal. We find, as did the Juvenile Court, that the ground of severe child abuse was proven against Mother and Father by clear and convincing evidence. We find further, as did the Juvenile Court, that clear and convincing evidence supports termination of Mother’s and Father’s parental rights as being in the best interest of the Children. We affirm.

A Tennessee judge ruled Tuesday that the state may deactivate death row inmate Bryon Black’s implanted heart-regulating device at a hospital on the morning of his execution, rather than bringing a doctor or technician into the execution chamber, the Associated Press reports. The ruling adjusts an earlier order that required prison officials to deactivate the defibrillator moments before Black’s execution. During a hearing on the issue, Deputy Attorney General Cody Brandon said Black’s physicians at Nashville General Hospital were unwilling to enter the execution chamber. He asked the judge to either overturn the previous order or allow the Tennessee Department of Correction to transport Black to the hospital for the procedure.

Former Shelbyville Judge Alfred Burton "Burt" English, also known as "Poppy," died July 10 at the age of 82. English earned his law degree from the University of Tennessee College of Law (now the Winston College of Law) in 1976. That same year, he returned to Shelbyville and joined his father, Alfred L. English, in founding English and English Attorneys. English also served as judge for the city of Shelbyville for 10 years. Family visitation and a memorial service were held July 13. Memorial donations may be made to Ducks Unlimited, One Waterfowl Way, Memphis, TN 38120 or to a charity of the donor's choice.

The U.S. Department of Justice’s Civil Rights Division has dismissed a complaint filed during the Biden administration challenging Tennessee’s law restricting certain medical procedures for minors. According to a press release, the department said it no longer believes continuing the case serves the public interest. The complaint was filed after individual plaintiffs and the American Civil Liberties Union challenged the state's 2023 law. Last month, the U.S. Supreme Court rejected that challenge in a 6-3 decision, ruling that the law does not violate the Equal Protection Clause. Following that ruling, the individual plaintiffs voluntarily dismissed their complaint.

Former Judge Bernice Bouie Donald has joined JAMS, a private provider of alternative dispute resolution services, following a four-decade legal career that included service on the U.S. 6th Circuit Court of Appeals, the U.S. district and bankruptcy courts in the Western District of Tennessee, and the Shelby County General Sessions Court. Donald will serve as a mediator, arbitrator, court-appointed neutral and neutral evaluator in civil rights, business, bankruptcy, intellectual property and health care cases, according to a press release. Based in Tennessee, she will offer in-person and virtual services to clients nationally and internationally. Donald also is a member at Burch, Porter & Johnson in Memphis and runs her own mediation practice.