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Posted by: Stacey Shrader Joslin on Oct 22, 2024

The Memphis Bar Association (MBA) will hold its 2024 Annual Meeting on Dec. 12 from 11:30 a.m. to 1:30 p.m. CST. The event will take place at Bridges USA, 477 N. 5th St., Memphis 38105. Watch for more details as they become available.

Posted by: Stacey Shrader Joslin on Oct 22, 2024

West Tennessee Legal Services (WTLS) has added Memphis native Claudia Williams Hyman as its newest pro bono staff attorney in Memphis. Hyman will oversee the case assessment and placement process, working closely with pro bono volunteers to ensure high-quality legal representation. She also will lead the development of pro bono clinics, train staff and volunteers, and play a critical role in coordinating pro bono services for families in Shelby, Tipton, Fayette and Lauderdale counties. Additionally, she will engage in statewide pro bono initiatives and strengthen relationships with private bar attorneys to expand volunteer participation. WTLS began serving clients in Shelby and surrounding counties in July.

Posted by: Stacey Shrader Joslin on Oct 22, 2024

Federal prosecutors in Tennessee have released information about the U.S. Department of Justice’s (DOJ) election day efforts to handle voting rights concerns and threats of violence to election officials or staff. In the Eastern District of Tennessee, Assistant United States Attorney Mac D. Heavener III will serve as the district election officer. He can be reached at 423-823-5009 or 423-218-6652. In the Middle District of Tennessee, Criminal Chief Ben Schrader will lead election day efforts. He can be reached at 615-736-5151. In the Western District of Tennessee, Assistant United States Attorney Will Crow will be the point of contact. He can be reached at 901-544-4231. Allegations of election fraud and other election abuses should be referred to the statewide FBI office at 865-544-0751. Read more from each office at the links above.

Posted by: Stacey Shrader Joslin on Oct 22, 2024

The Administrative Office of the Courts is out with a profile of 20th Judicial District General Sessions Court Judge Ana Escobar, a Nashville native who was the first in her family to go to law school. Escobar attended George Washington University Law School in Washington, D.C. She thought she would be a lobbyist but after spending a summer in the Nashville Public Defender’s Office, she says she “fell in love with criminal law.” Her ability to speak Spanish also has opened doors. As a prosecutor, she traveled to Mexico to prosecute a case. In private practice, she served dual roles as interpreter and lawyer. On the bench, she says her background and language skills put others at ease. Escobar is proud to be the first elected Hispanic judge in Tennessee. Of her current role Escobar says, “I love just dealing with people and trying to figure out how to help or give accountability to people.”

Posted by: Stacey Shrader Joslin on Oct 22, 2024

Nashville native and lawyer Ben Hardin Rowan II died Oct. 19 at the age of 86. Rowan attended Vanderbilt University on a basketball scholarship and graduated with a philosophy degree. He joined the U.S. Army and served as a lieutenant before returning to Vanderbilt for law school. He graduated in 1964 and joined the law firm Watkins, McGugin, McNeilly and Rowan, where he was a partner for 25 years until he retired. Rowan served as a member of the Nashville Bar Association Board of Directors, chair of the Nashville Bar Admission to Practice Law Committee and vice president of the Tennessee Defense Lawyers. Visitation will take place at Immanuel Baptist Church, 222 Belle Meade Blvd., Nashville 37205 on Nov. 3 from 1-2 p.m. CDT. A funeral will follow at 2 p.m. Memorial donations may be given to Immanuel Baptist Church, Brentwood Academy or Vanderbilt University.

Posted by: Stacey Shrader Joslin on Oct 22, 2024

Memphis lawyer John Dennis Horne died Oct. 18 at the age of 77. After growing up in Signal Mountain, Horne attended the University of Tennessee and its College of Law. He later received a Master of Business Administration from the University of Memphis. After three years of service in the U.S. Army Jag Corps, Horne moved back to Memphis and joined the Winchester Law Firm. He was an active member of the community and a fellow of the Tennessee Bar Foundation. Visitation will be held Friday at 10:30 a.m. CDT in the Cheney Parish Hall at the Church of the Holy Communion. A memorial service will follow at noon. Burial will be private. In lieu of flowers, donations may be made to the Church of Holy Communion, 4645 Walnut Grove Rd., Memphis, TN 38117.

Posted by: Stacey Shrader Joslin on Oct 22, 2024

The U.S. Supreme Court will hear arguments over Tennessee’s law banning transgender medical care for minors on Dec. 4, SCOTUSblog reports. The Tennessee General Assembly passed the law banning surgeries as well as puberty blockers and hormone therapy for minors in 2023. The ACLU and Lambda Legal sued. While U.S. Circuit Court Judge Eli Richardson initially blocked the ban, his ruling was overturned by the U.S. 6th Circuit Court of Appeals, which allowed the law to go into effect while parties appeal. In briefs to the high court, Tennessee Attorney General Jonathan Skrmetti defended the law while the ACLU argued against it. The American Bar Association also filed an amicus brief opposing the law, and the Biden administration joined as a party opposed to the case. The case is the first of its kind to reach the high court and the ACLU’s Chase Strangio will be the first openly transgender lawyer to argue at the court. Bloomberg Law has more on that development. A decision is expected next summer.

Posted by: Stacey Shrader Joslin on Oct 22, 2024

The 2024 Creditors Practice Forum will take place in person in Nashville on Nov. 14 from 10 a.m. to 3:15 p.m. CST. The event will be held at the Tennessee Bankers Association, 211 Athens Way, Nashville 37228. This year’s forum will feature a case law update, a review of the Davidson County Local Rules of Court and more. Three general and one dual CLE credits are available. Creditors Practice Section members enjoy discounted registration and other benefits. Not a section member? Join here.

Posted by: Azya Thornton on Oct 21, 2024

Question 1: If “[t]he State shall . . . pay the accrued costs in all criminal prosecutions for offenses punishable by death or by confinement in the penitentiary where the accused shall have been convicted by trial or guilty plea,” is the State required to pay costs accrued in the General Sessions Criminal Court pursuant to probable cause preliminary hearings for criminal prosecutions meeting the requirements of Tenn. Code Ann. § 40-25-131(b)?

Opinion 1:For prosecutions meeting the terms of Tenn. Code Ann. § 40-25-131(b) and falling within the class of cases set out in Tenn. Code Ann. § 40-25-129(a)(1)-(3), the State must pay costs accrued for preliminary hearings.

Question 2: If the State is responsible for payment of court-ordered mental-health evaluations and treatment for defendants charged with a felony in accordance with Tenn. Code Ann. § 33-2- 1109(a)(2), is the State required to pay such costs when the mental-health evaluation and treatment is ordered by the General Sessions Criminal Court as well as by the Criminal Court?

Opinion 2: If the Criminal, Circuit, or General Sessions Court orders the mental health evaluation or treatment pursuant to Tenn. Code Ann. § 33-7-301 and the court does not order the defendant to pay the costs of that evaluation or treatment, the State must pay those costs.

Posted by: Azya Thornton on Oct 21, 2024

Petitioner, Lacy L. Austin, appeals from the Montgomery County Circuit Court’s denial of his petition for post-conviction relief related to his convictions for two counts of possession of twenty-six grams or more of methamphetamine with the intent to sell or deliver within 1,000 feet of a school zone; possession of a firearm during the commission of a dangerous felony; possession of a firearm by a person convicted of a felony drug offense; possession of a firearm by a person convicted of a felony involving the use of force or violence; simple possession of marijuana; and possession of drug paraphernalia. Petitioner argues that the post-conviction court erred in denying relief based upon his claims that he received ineffective assistance of trial and appellate counsel. After a thorough review of the record, we affirm the judgment of the post-conviction court.


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