Twenty three witnesses testified before Shelby County Criminal Court Judge Paula Skahan this week during the two-day resentencing hearing of former death row inmate Pervis Payne, the Commercial Appeal reports. Prosecutors, who are asking for Payne to serve two life sentences and a 30-year sentence consecutively, presented the court with graphic crime scene photos and testimony from family members of the victims. Payne’s defense called 19 witnesses, a mix of family members, friends and prison staff, to testify on Payne’s character. They are asking for Payne’s sentences to run concurrently, making him eligible for parole in six years. The Shelby County District Attorney’s Office dropped the death penalty against Payne last month after a state expert found he has an intellectual disability. The Innocence Project reports that Skahan will issue a written ruling by Jan. 24, 2022.  

Tennessee Bar Exam results show that 720 applicants — 599 first-time test takers and 121 repeat candidates — sat for the July exam. Of the first-time test takers, 70.95% passed — down from July 2020’s passage rate of 82.36%. For repeat test takers, 19.83% passed — a decline from 36.36% last year. Vanderbilt Law School had the highest passage rate of first-time test takers at 91.89%, followed by the University of Tennessee College of Law with 90.12%, Belmont University College of Law at 88.75%, University of Memphis School of Law at 69.41%, Lincoln Memorial University Duncan School of Law at 53.13% and Nashville School of Law at 46.94%. The Board of Law Examiners has all exam data here.

If you are uncertain about what employers can and cannot do regarding COVID-19 precautions — namely vaccines and masks — under new laws, this article is for you. The Tennessee Bar Journal's "The Law at Work" column by Edward G. Phillips and Brandon L. Morrow, will appear in the January/February issue but the topic is so timely and important that it has been published early as part of TBJ Select. Read "Not-So-Conscientious Objections: Tennessee’s New Law to Combat Vaccine Mandates." Because this is a developing story, the authors will follow closely and update the online article as changes occur.

President Joe Biden has granted an emergency declaration for nine Tennessee counties that were hit by last weekend’s severe weather, WPLN reports. Cheatham, Decatur, Dickson, Dyer, Gibson, Lake, Obion, Stewart and Weakley will now qualify for federal reimbursement for their emergency measures. Gov. Bill Lee has also asked for a Major Disaster Declaration, which would offer more federal resources for individuals, more money for long-term solutions and prevention of future disasters and would allow the state to replace damaged buildings, roads or recreational facilities. Additionally, Lee yesterday signed Executive Order 94 which temporarily waives certain state and federal rules, allows health care professionals to work outside their licensed state and prompts hotels and other vacation rentals to host tornado victims.

Catch the webcast replay of Work Smarter Not Harder - Business Education Series - Track and Utilize Core Financials and Productivity Reports on Dec. 20 from noon until 1 p.m. CST. Worth one hour of dual CLE credit, this program will familiarize attendees with balance sheets, trust accounts, profit and loss statements and chart of accounts and explain how they can best be used. This program is part of the TBA’s annual Year End CLE Event, which offers a variety of live virtual or on-demand programs, CLE packages and much more to help meet your last minute CLE needs. 

The Tennessee Chapter of the American Board of Trial Advocates (ABOTA) presented its Judicial Excellence Award to Davidson County Chancellor Ellen Hobbs Lyle at its annual meeting over the weekend. The award recognizes Lyle’s contributions to fair and impartial rulings in the state, leadership inside and outside of the courtroom and a lifetime of service. Lyle has served on the bench for 20 years. She previously was a partner in the Nashville law firm Trabue, Sturdivant & Dewitt and an associate attorney with Fullbright and Jaworski in Houston. She earned her law degree from the University of Tennessee College of Law. Read more about the award from the Administrative Office of the Courts.

A recent TBA Today item on new appointments to the Tennessee Board of Professional Responsibility misidentified state Sen. Richard Briggs' district. He represents District 7, which is a part of Knox County.

The Washington County Bar Association held a winter social last week in Johnson City at which attorneys Tony Seaton and Erick Herrin were awarded the President’s Lifetime Achievement Award for Volunteer Service in recognition of their longtime service to the bar. The group’s current officers and board members also were recognized with the President’s Volunteer Service Medal. They are: President Jesse J. Campbell, President-elect Devon Muse, Vice President Thomas J. Smith, Secretary Grace Studer, Treasurer Joseph Matherly, and board members Lindsay Daniel, Mark Garland, Elizabeth Jones, Nora Koffman, Solange McDaniel and Morgan Taylor. The group also announced that it is accepting nominations for 2022 board positions through Dec. 17. To nominate an attorney, email the individual’s name and contact information to wcbatenn@gmail.com.

This month on the TBA’s BarBuzz podcast, guest co-host Stacie Odeneal of the Odeneal Firm in Lawrenceburg helps deliver the latest in Tennessee legal news, bar association events, happenings and more. Odeneal, an East Tennessee delegate for the Juvenile & Children’s Law Section and a 2020 member of the TBA Leadership Law program, also details her passion for child advocacy and her work as a child welfare law specialist. BarBuzz is part of the TBA Podcast Network and can be found online and anywhere you listen to podcasts.

The Knoxville Bar Association (KBA) held its Annual Meeting on Friday with Cheryl G. Rice passing the president’s gavel to Jason H. Long, who said he would focus on expanding innovations developed during the pandemic and creating ways for members to reconnect. Long, a member of the Knoxville law firm of London Amburn, is a former TBA president and a member of the 2005 Leadership Law class. Other officers elected were President-elect Loretta G. Cravens, Treasurer Catherine E. Shuck and Secretary Carlos A. Yunsan. New board members are Ursula Bailey, William A. Mynatt Jr. and Vanessa Samano. The association also presented its annual awards. Charles Swanson was presented with the Governors' Award, the group’s highest honor, while Akram Faizer and Carlos Yunsan, co-chairs of the Diversity in the Profession Committee, received the Presidents' Award. Meagan Collver, also with London Amburn, took office as president of the Barristers. Read more in a release from the association.