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Posted by: Azya Thornton on Mar 6, 2025

A study by attorneys H.E. Miller Jr. and Bradley MacLean highlights disparities in Tennessee’s death penalty system, showing that individuals convicted of multiple murders often receive life sentences, while many on death row were convicted of killing a single victim, the Nashville Banner reports. The analysis found 365 cases where defendants convicted of multiple murders were not sentenced to death, while 29 of the 46 people currently on Tennessee’s death row were convicted of killing only one person. The research also reveals geographic data, with Shelby County accounting for more than half of Tennessee’s death row population, while individuals from other counties with similar crimes have fewer or no death sentences. The findings come as the Tennessee Supreme Court has begun resetting execution dates in the state.

Posted by: Azya Thornton on Mar 6, 2025

The U.S. federal judiciary last week renewed its push for Congress to add judges to understaffed courts nationwide. During a hearing before a House Judiciary subcommittee, U.S. Circuit Judge Timothy Tymkovich urged lawmakers to revive efforts to expand the federal judiciary, citing a severe shortfall of judges that has led to case backlogs and delays in civil litigation, Reuters reports. Tymkovich highlighted a 346% increase over two decades in civil cases pending for more than three years, warning that such delays erode public confidence in the legal system. Tymkovich called for the passage of legislation to create 66 new judgeships across 13 states, a proposal that previously had bipartisan support but was vetoed by former President Joe Biden. California Republican Rep. Darrell Issa, chair of the House Judiciary Committee’s panel on courts, pledged to reintroduce the bill this year.

Posted by: Azya Thornton on Mar 6, 2025

The Intellectual Property Webcast Series 2025: From FTC to ROI will take place on April 10 from 11 a.m. to noon CDT. This online event will cover key topics in intellectual property, with more details to be announced soon on the TBA website.

Posted by: Azya Thornton on Mar 6, 2025

The Tennessee Governor's Office is accepting applications for a commissioner on the Tennessee Claims Commission due to the expiration of William Young's term, effective June 30. To qualify, candidates must have resided in the Eastern Grand Division for at least one year, lived in Tennessee for five years and be licensed to practice law in Tennessee for at least five years. A commissioner may not practice law while serving on the commission. Attorneys interested in the position should submit a resume and cover letter to the governor’s office for consideration. Applications should be directed to Chief Counsel to the Governor Erin Merrick via her assistant at Katelin.Brown@tn.gov by April 14. For more details read the notice of vacancy.

Posted by: Azya Thornton on Mar 6, 2025

Tennessee Attorney General Jonathan Skrmetti announced in a press release that Chris Tutor has been named the new chief of staff, succeeding Brandon Smith, who is returning to private practice. Tutor, a Memphis native, joins the Attorney General’s Office from Butler Snow LLP, where he was a partner focusing on commercial real estate and business transactions. He earned his law degree from the University of Memphis Cecil C. Humphreys School of Law. As chief of staff, Tutor will oversee the office’s legislative and communications teams and coordinate with other state attorneys general and federal partners. “Chris Tutor’s distinguished career to date is a model of integrity, competence, and temperance, and we are excited to welcome him to the Attorney General’s Office,” Skrmetti said. “His enthusiasm and abiding love for Tennessee and its people will serve our state well.”

Posted by: Laura Labenberg on Mar 6, 2025

The U.S. Department of Education is facing two lawsuits over its recent "Dear Colleague" letter threatening to revoke federal funding from schools using race-conscious diversity, equity and inclusion (DEI) practices. One suit was brought by the American Federation of Teachers, alongside AFT-Maryland and the American Sociological Association; the other was filed by the National Education Association along with the American Civil Liberties Union. The lawsuits argue that the letter is vague, unconstitutional and exceeds the department's authority, and they seek an injunction to block the letter's enforcement. The Minnesota Reformer reports on the lawsuits.

Posted by: Julia Wilburn on Mar 5, 2025

Administrative Office of the Courts (AOC) Director Michelle Long recently testified before the Senate Judiciary Committee, where she outlined the new Plan for Indigent Representation drafted by the AOC on behalf of the Tennessee Supreme Court, among other AOC budget requests. In her testimony, Long thanked lawmakers and Gov. Bill Lee for last year’s funding that led to increased hourly rate of pay to $60 per hour to court-appointed attorneys representing the indigent. Long also stated the AOC listened to the legislature, researched how indigent representation works in other states, talked to stakeholders and developed an innovative solution to indigent representation that shifts the paradigm by providing flexible compensation for attorneys, which will take into consideration the complexities of the cases, qualifications of the attorneys and the needs of the court in that jurisdiction. The new indigent representation plan will also provide more resources to confirm indigency, and it will shift the responsibility of appointing attorneys to represent the indigent to the new Office of Indigent Conflicts and Civil Counsel which will consult with judges in each district to identify lawyers providing quality representation in their districts. Watch her testimony beginning at 1:31:04. Please visit the TBA Indigent Representation webpage for more information.

Posted by: Azya Thornton on Mar 5, 2025

LARSEN, Circuit Judge. Kirstyn Paige Bashaw was fired by her employer, Majestic Care of Whitehall. Bashaw then sued Majestic Care under Title VII and Ohio law, claiming retaliation. The district court granted Majestic Care summary judgment, holding it had provided three non-pretextual grounds for Bashaw’s termination. For the reasons below, we AFFIRM.

Posted by: Azya Thornton on Mar 5, 2025

Herbert Eugene Ewing, Movant, filed a motion pursuant to Tennessee Code Annotated section 39-17-432(h) (2022), seeking resentencing of his guilty-pleaded conviction for possession of 0.5 grams or more of cocaine with intent to sell or deliver within one thousand feet of a park, for which he was sentenced as a Range III persistent offender to serve the entire minimum twenty-year sentence for a Class B felony. Following a hearing, the trial court found that it could not resentence Movant to a lower release eligibility because release eligibility does not affect the length of the sentence and denied the motion. We grant certiorari to vacate the trial court’s order denying the motion for resentencing and remand for further proceedings consistent with this opinion.

Posted by: Azya Thornton on Mar 5, 2025

This appeal arises from the denial of line of duty disability benefits to the appellee by a pension board. The denial went before an administrative law judge who reversed the decision of the pension board and determined the appellee was entitled to benefits. The appellant filed a petition for judicial review in the chancery court, which affirmed the ruling of the administrative law judge. This appeal followed. Because the record does not contain evidence showing that the board entered a final determination, we are without subject matter jurisdiction. Accordingly, this appeal is dismissed.


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