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Posted by: Stacey Shrader Joslin on Jun 24, 2025

The Defendant, Barry McRae, appeals from the Blount County Circuit Court’s probation revocation of the effective eight-year sentence he received for his guilty-pleaded convictions for two counts of delivery of a Schedule II controlled substance. On appeal, he contends that the trial court abused its discretion by revoking his probation and ordering him to serve the remainder of his sentence in confinement. We affirm the judgment of the trial court.

Posted by: Stacey Shrader Joslin on Jun 24, 2025

This Tennessee Public Records Act (“TPRA”) dispute concerns emails and documents (the “Materials”) requested by Kathleen Marquardt (“Ms. Marquardt”) from the University of Tennessee at Knoxville (“UTK”). Ms. Marquardt argued that the Materials, which include emails pertaining to an article authored by a part-time UTK employee that was published in the Huffington Post, were public records because they were created as a part of the official business of the university in furtherance of its goal of becoming a top-25 university. Following an in camera review of the Materials by the trial court only and a show-cause hearing, the trial court ruled in UTK’s favor, holding that “the requested records do not meet the definition of the [TPRA] statute; that these records were made or received pursuant to law or ordinance, or in [connection] with the transaction of official business by any governmental entity.” Ms. Marquardt challenges this ruling as well as other rulings including the denial of her motion for “an attorney’s eyes only” review of the Materials and the denial of her discovery requests. We affirm.

Posted by: Stacey Shrader Joslin on Jun 24, 2025

In the first appeal of this parental termination case, we affirmed the trial court’s findings that three grounds for termination were sufficiently proven, but we vacated one ground and the trial court’s best interest determination due to insufficient findings in the termination order. On remand, the trial court entered an amended order containing additional findings. The mother appeals. We affirm the termination of parental rights.

Posted by: Julia Wilburn on Jun 24, 2025

Last week, Tennessee State University (TSU) reached an agreement with the state that allows the university to reallocate $96 million to support its operational needs over the next three years. Nashville Public Radio reports that the funds — which were previously allocated for deferred maintenance — make up a portion of the $250 million that the state allocated to TSU in April 2022 to make infrastructure upgrades and capital improvements. Interim President Dwayne Tucker thanked state officials for providing TSU with an opportunity for transformation, saying, “It not only provides crucial cash flow to ensure the university’s financial sustainability but also allows us to invest in enriching the student experience and strengthening our capacity to attract both students and qualified employees.” Last year, a state audit revealed that the school had mishandled millions of dollars in fiscal year 2023, and university leadership pledged to improve financial governance and staff training.

Posted by: Julia Wilburn on Jun 24, 2025

U.S. Court of Appeals Judge Amy St. Eve, chair of the Federal Judicial Conference’s Budget Committee, on Tuesday told a panel of the House Judiciary Committee that funds for the "Criminal Justice Act" (CJA) panel are set to expire on July 7 or 11, sooner than the conference's original estimate that funds could stretch until July 23. Bloomberg Law reports that the early expiration of funds will mean that CJA panel attorneys — who are appointed by courts to represent criminal defendants who can’t afford representation — will go nearly three months without pay for their work or reimbursement for case-related expenses. The delay also comes on top of a two-week prescheduled payment pause this month for unrelated systems updates.

Posted by: Julia Wilburn on Jun 24, 2025

A federal lawsuit has been filed challenging a new Tennessee law that criminalizes “harboring” undocumented immigrants. The Nashville Banner reports that the suit argues that the law, set to take effect July 1, is unconstitutionally vague, violates religious freedoms and infringes on federal immigration authority, potentially criminalizing landlords, families, churches and nonprofits for common acts of housing or helping undocumented people. Plaintiffs include the Southeastern Synod of the Evangelical Lutheran Church in America, a landlord and a legally present father with undocumented family members, all of whom say the law forces them to choose between their values and risking criminal prosecution. According to the Tennessee Lookout, the American Immigration Council, Tennessee Immigrant & Refugee Rights Coalition and the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center also have joined the suit, which is seeking class action status.

Posted by: Julia Wilburn on Jun 24, 2025

The Tennessee Supreme Court will hear an appeal of the Southern Baptist Convention (SBC) as it tries to protect its constitutional rights in a case connected to an inquiry by the SBC Credentials Committee. According to a press release from Baptist Press, Preston Garner, a longtime worship pastor and school music teacher, and his wife Kellie filed suit in 2023 against the SBC, Guidepost Solutions and others alleging defamation/libel and slander, defamation by implication, invasion of privacy and loss of consortium. The Garners claim the SBC defamed them in conversations after a confidential report was made to the SBC’s abuse hotline. The SBC argued in court that it was protected by the church autonomy doctrine, a First Amendment right which keeps courts from interfering in disputes within religious bodies that involve religious faith, doctrine or governance. Two lower courts have rejected that argument.

Posted by: Julia Wilburn on Jun 24, 2025

Robert Lance Johansen, the father of Lauren Johansen, has filed a wrongful death lawsuit in federal court against Brooke's Bail Bonding, Freedom Monitoring Services, On Time Bail Bonding and several people in their individual capacity. Johansen was a nursing student in Mississippi who was killed by her boyfriend Bricen Rivers after he was bonded out of a Nashville jail and left the state. The Tennessean reports that the suit alleges several mistakes by the bonding and monitoring companies which lead to Johansen's death. Chief Deputy Clerk Julius Sloss of the Davidson County Criminal Court acknowledged in July 2024 that errors occurred during Rivers' release. A six-judge panel in October 2024 ruled that two bonding companies did not break local court rules when they let Rivers go.

Posted by: Julia Wilburn on Jun 24, 2025

The University of Tennessee Winston College of Law, together with the Black Law Students Association, recently marked the 25th anniversary of the Julian Blackshear Jr. Scholarship Gala. The event celebrates a commitment to fostering a broadly diverse and welcoming community according to a press release from the school. The Blackshear Scholarship has provided years of opportunities for students at Winston Law. Named in honor of Julian Blackshear Jr., one of the first African American alumni of the college, the scholarship reflects his legacy as an attorney and civic leader. This year, his daughter Lillian Blackshear served as the gala's keynote speaker. Read more from Knox TN Today.

Posted by: Julia Wilburn on Jun 24, 2025

The TBA encourages all lawyers to participate in the Foundations 2.0 Survey, which is available via the link below. In 2014, Foundations for Practice identified the skills, competencies and abilities lawyers need to be successful in practice. The Institute for the Advancement of the American Legal System (IAALS) and the Law School Admission Council (LSAC) have launched Foundations 2.0 to ensure the competency framework accurately reflects the present and future needs of the profession. Your participation will provide key data on the abilities lawyers need as they enter and grow in the profession. Please note that while you may receive this survey from different bar organizations, you only need to take the survey once. The survey takes about 15–25 minutes and is open through July 2. Participation is voluntary and confidential. Access the survey here.


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