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Posted by: Julia Wilburn on Feb 2, 2024

The American Bar Association's (ABA) House of Delegates will vote Monday during the group's midyear meeting in Louisville, Kentucky, on a proposed resolution to oppose laws that ban teaching about race. Reuters reports that nearly a dozen ABA entities have jointly submitted a resolution opposing any federal, state or local laws or policies that “restrict the teaching and inclusion of studies on the experiences, roles and contributions of any individual or group” on the basis of their race, gender identity, sexual orientation or religion, among other identifiers. The proposal also opposes restrictions on books or other school resources that address those topics.

Posted by: Julia Wilburn on Feb 2, 2024

The Association for Women Attorneys (AWA) of Memphis honored Tennessee Court of Criminal Appeals Presiding Judge Camille McMullen with the Marion Griffin-Frances Loring Award at its annual banquet on Jan. 25. The award is presented to someone who exhibits outstanding achievement in the legal profession. “Marion Griffin and Francis Loring were pioneers in the fight for civil rights and social justice,” said Judge McMullen. “Through their collective power, these women worked tirelessly to advance gender equality across Tennessee. I applaud the AWA for establishing this award, which serves as a testament to the shoulders upon which we stand as women in the law. I am thankful and deeply moved to be recognized with this incredible honor.” McMullen was appointed to the Court of Criminal Appeals in 2008. In 2023, she was elected the first woman and the first African American to lead the 12-member court.

Posted by: Julia Wilburn on Feb 2, 2024

William Hoytte "Bill" Austin Jr. died on Jan. 29 at age 88. Originally from Mississippi, Austin graduated from The University of Mississippi in 1956, returning home to Lake Cormorant to manage his family farm, the largest dairy cattle herd and operation in the state of Mississippi at the time. Under his leadership, Austin Farms built the most advanced milking parlor facilities in the south. When the family farm was sold, Austin decided to make a career change. He attended Memphis State School of Law and received his law degree in 1972. Austin opened his own practice in 1977, known today as The Austin Law Firm. Licensed to practice law in Tennessee, he was a fellow of the Mississippi Bar Foundation and past president of the DeSoto County Bar Association. Memorials may be sent to The William Hoytte Austin Jr. Endowed Scholarship at Northwest Mississippi Community College, 4975 Highway 51N. Senatobia, MS 38668.

Posted by: Julia Wilburn on Feb 2, 2024

The American Bar Association Tort Trial and Insurance Practice Section (TIPS) announced that it will honor Penny White with its Robert B. McKay Law Professor Award. The award recognizes law professors who have shown commitment to the advancement of justice, scholarship and the legal profession, demonstrated by outstanding contributions to the fields of tort, trial practice or insurance law. Until her retirement in 2022, White was the Elvin E. Overton Distinguished Professor of Law and served as the director of the Center for Advocacy and Dispute Resolution at the University of Tennessee College of Law. She taught courses in evidence, trial practice, pretrial litigation and negotiation and assisted with the law school’s various clinical and externship programs. The award will be presented at the ABA Midyear Meeting in Louisville, Kentucky, during the TIPS Networking Reception on Saturday at 6 p.m. EST at the Louisville Marriott Downtown.

Posted by: Julia Wilburn on Feb 2, 2024

Tennessee's 113th General Assembly is now in session and TBA's Legislative Updates podcast is back for Season 5! Lawmakers filed a combined total of 682 bills just this week; the filing deadline for the House was Jan. 31 and Feb. 1 for the Senate. Attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists Brad Lampley and Ashley Harbin host the podcast to discuss what's ahead for the legislative year and the bills TBA is sponsoring, especially around indigent representation. Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or other podcast services. In this episode, the hosts discuss TBA's conservatorship bill HB2710/SB2254 and TBA's adoption bills: HB2644 and HB2645.

Schwarz has served as director of legislative affairs for the TBA since 2018 but recently left the TBA to focus on her own lobbying firm, Pier Strategies. She continues to represent TBA on legislative matters alongside Lampley and Harbin. Schwarz can now be reached at bschwarz@pierstrategies.net.

Posted by: Julia Wilburn on Feb 2, 2024

Bring your computer (or your pencil if you’re old school — no judgment) and get ready to write. On March 27 from 9-10 a.m. CDT, Stuart Teicher will share multiple exercises that participants will do individually and then discuss as a group to help them become better legal writers. Attendees will learn the best way to integrate sources into their legal writing, how to write in plain English, how to rework complicated passages and more! Eligible for one dual CLE credit.

Posted by: Paul Burch on Feb 1, 2024

The National Conference of Bar Examiners said last month it has replaced ExamSoft, the testing platform that suffered a series of tech problems, with Surpass Assessment, reports Reuters. The revamped bar exam is set to debut in July 2026. The switch to Surpass Assessment software comes after ExamSoft paid $2.1 million in 2015 to settle a lawsuit brought by bar exam takers who could not upload their test answers, an incident that became known as “barmageddon” in legal publications. ExamSoft's software also came under scrutiny during the pandemic when many states administered the exam remotely using laptop microphones and cameras to monitor for cheating.

Posted by: Stacey Shrader Joslin on Feb 1, 2024

Registration is now open through Feb. 12 for the next free advice clinic for Black-owned small businesses and nonprofits. The clinic, sponsored by the Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. The clinic will take place on Feb. 15. Attorneys should email vlpa@abcnashville.org to volunteer.

Posted by: Tanja Trezise on Feb 1, 2024

In 2013, the Defendant, Jordan Isaiah Mosby, pleaded guilty to attempted second degree murder, and the trial court imposed a ten-year sentence suspended to supervised probation. In 2019, the trial court issued a probation violation warrant, alleging that the Defendant had absconded. After a hearing, the trial court found that the Defendant had violated his probation by absconding to Florida. The trial court ordered him to serve his ten-year sentence in confinement. The Defendant then filed a Rule 35 motion seeking to modify the revocation order. After a hearing, the trial court denied the Defendant’s motion. On appeal, the Defendant asserts that the trial court erred by ordering him to serve his sentence in confinement, by not granting him credit for time he successfully served on probation, and by ruling that the Defendant’s custody in the Tennessee Department of Correction prevented the court from modifying the sentence. After a thorough review, we affirm the trial court’s judgment.

Posted by: Tanja Trezise on Feb 1, 2024

The Petitioner, Douglas Edward Christian, appeals from the Coffee County Circuit Court’s denial of his petition for post-conviction relief from his drug-related convictions and his effective twenty-year sentence. On appeal, the Petitioner contends that the post-conviction court erred when it denied his ineffective assistance of trial counsel claim. We affirm the judgment of the post-conviction court.


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