John Peden Valliant Jr., age 78, died March 29. He graduated from the University of Tennessee (now Winston) College of Law and served in the U.S. Army National Guard during the Vietnam War era, returning to Knoxville where his law practice spanned five decades. Valliant was deeply involved in civic life and served as chair of the Knox County Democratic Party in 1982. In lieu of flowers, donations may be made to the Humane Society of the Tennessee Valley, 6717 Kingston Pike, Knoxville, TN 37919, or Helping Mamas, 10908 McBride Lane, Knoxville, TN 37932. A memorial gathering will be held on April 1 from 11 to 11:30 a.m. EDT at French Broad Veteran's Memorial Park, 2302 E. Gov. John Sevier Highway, Knoxville 37914, overlooking the river at the court of flags.

A three-judge panel from the Court of Criminal Appeals heard oral arguments last week at the University of Tennessee Winston College of Law. Judges Timothy L. Easter, J. Ross Dyer and Tom Greenholtz, a Winston Law graduate, sat for the court and heard cases including State v. Price, State v. James, State v. Simmons and State v. Lacey. Proceedings can be replayed on the court's YouTube channel. “The law students can actually see a real-life case being argued with real-life names, real-life people, real-life lawyers. We just think it gives flesh and bones to an otherwise stale opinion they might read,” said Easter. “For us, we get to see the future of the bar and these students and it’s a shot in the arm for us to do that.” Read more in a press release from the Administrative Office of the Courts.

Memphis City Councilmember JB Smiley has announced his candidacy for Shelby County mayor in the upcoming August election. Smiley received his law degree from the University of Arkansas at Little Rock's William H. Bowen School of Law. Following graduation he started Smiley & Associates in 2017. Serving on the city council since 2020, Smiley has led initiatives such as co-sponsoring a resolution in support of the After School Act to strengthen after-school programs aimed to reduce crime among at-risk youth. His focus has been on police brutality, criminal justice and blight in predominantly Black neighborhoods. Learn more on his campaign website www.votejbsmiley.com or in a press kit.

The U.S. Supreme Court today ruled 8-1 in favor of a Christian counselor challenging Colorado's ban on conversion therapy for minors. Justice Neil Gorsuch wrote for the majority that lower courts applied too lenient a standard and that the law improperly targets speech based on viewpoint. The Hill reports that the decision could affect similar laws in more than 20 states, though Justices Elena Kagan and Sonia Sotomayor suggested more carefully written state laws might survive future challenges. According to SCOTUSblog, Justice Ketanji Brown Jackson was the sole dissenter, arguing that established precedent gives states broad authority to regulate medical treatments provided by licensed healthcare professionals, and that the majority's ruling dangerously limits states' ability to protect minors in a clinical setting.

Haywood County lawyer Carmon Thomas "Tommy" Hooper III died March 28 at age 95. He graduated from the University of Alabama in 1953 and, after three years of military service, entered Vanderbilt University Law School on the G.I. Bill, receiving his law degree in 1959. Hooper joined a Brownsville firm founded by Larry Morgan and Alex Gray, and following their deaths in the 1960s, he maintained a solo legal practice until February of this year. He was also a "citizen lawyer," serving six years in the Tennessee House of Representatives, 15 years on the Haywood County Commission and 18 years as county attorney. A memorial service will be held at First United Methodist Church (FUMC), 117 E. Franklin St., Brownsville 38012 at 11 a.m. CDT on April 3. The family will gather for a graveside burial before the service. Memorials may be made to FUMC Brownsville or a charity of the donor's choice.

The TBA Appellate Practice Section directory is a great place to find colleagues with a similar focus. The directory provides a list of section members with contact information and a list of any other sections or TBA groups to which they belong. This resource provides a great way to connect with like-minded lawyers and cross-reference attorneys well-versed in other practice areas as well. View the section directory here.

The TBA will host three ethics webcasts on April 2, featuring the CLE Performer Stuart Teicher. The sessions will blend humor, pop culture and professional responsibility to provide insightful lessons on attorney ethics. Dealing with Deep Fakes: Danger and Direction will explain the hazards associated with deep fakes and how to deal with them. What Batman Teaches About Attorney Ethics will explore the ethical lessons attorneys can learn from the Caped Crusader. Lyrical Lessons from Taylor Swift will reveal ways that Swift's songs illustrate lessons from the Rules of Professional Conduct. Attorneys can register for these and other interactive webcasts on the TBA website.

Make plans now to join colleagues from across the state at the TBA’s 2026 Annual Convention, set for June 10-13, in downtown Knoxville. Annual favorites such as the Public Service Breakfast, Lawyers Luncheon, compelling CLE and swearing in of TBA’s new president will return, as will the Wednesday night welcome reception and a Thursday evening reception at Knoxville’s minor league ballpark, home of the Smokies. Again this year, the Tennessee Lawyers' Association for Women (TLAW) and Tennessee Alliance for Black Lawyers (TABL) will hold meetings and events in conjunction with the convention. This year’s convention also will include TBA’s first-ever Tech Showcase and several lunch and learn opportunities with tech vendors on Thursday. The four-day event will take place at the Crowne Plaza Knoxville. Don’t miss this annual gathering of Tennessee lawyers! Access registration, hotel reservation information and more on the event website. Day passes for the Tech Showcase on June 11 also are available for those who unable to attend the full convention. Learn more about that option.

Thank you for your continued support of the TBA Corporate Counsel Section! We know that you face a wide variety of issues in your practice, and we encourage you to stay connected with other in-house counsel in Tennessee. To that end, the section's executive council currently has open positions. The executive council meets monthly to develop and implement section initiatives, produce CLEs, and provide feedback to TBA leadership on in-house issues. If you are interested, please email section coordinator Jamie Rhode with your bio for consideration.

In the meantime, you do not have to wait to connect with colleagues. The section directory is a great resource for meeting other juvenile attorneys or for referrals. We hope to see you at TBA programming, and if you have thoughts or ideas about future section initiatives, please do not hesitate to reach out to Jamie Rhode.

JOHN T. GREGG, Bankruptcy Appellate Panel Judge. Days after receiving a discharge in chapter 7, Sharenne L. Tucker, the debtor-appellee (the “Debtor”), commenced a chapter 13 case. In her debt repayment plan, the Debtor proposed to keep her vehicle that was subject to the lien of Santander Consumer USA Inc., the secured creditor-appellant (“Santander”). Section 1325(a)(5)(B)(i)(I) of the Bankruptcy Code1 provides that unless a secured creditor accepts the plan, the secured creditor is entitled to retain its lien “until the earlier of . . . the payment of the underlying debt determined under nonbankruptcy law; or . . . discharge under section 1328.” Because the Debtor was proposing to modify the contract rate of interest and section 1328(f) rendered her ineligible for a chapter 13 discharge, she could not technically satisfy section 1325(a)(5)(B)(i)(I). She therefore proposed a creative alternative: Santander would retain its lien until the completion of all plan payments, not the entry of the chapter 13 discharge. Santander objected. It contended that the Debtor’s plan contravened section 1325(a)(5)(B)(i)(I) by, in effect, rewriting the statute to include a provision found nowhere in its text. Without its acceptance, Santander argued, the Debtor’s plan could not be confirmed as a matter of law. The bankruptcy court overruled Santander’s objection and confirmed the plan. Santander appealed. Applying the plain meaning of the statute, we REVERSE and REMAND to the bankruptcy court for further proceedings.