TBA Law Blog


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Posted by: Azya Thornton on Aug 28, 2024
News Type: Legal News

Tennessee's unemployment rate of 3% persisted in July, according to a recent release from the Tennessee Department of Labor and Workforce. The state has maintained this rate since May, with Sevier and Williamson counties at 2.5%. While most counties experienced a decrease in unemployment, Weakley and Houston counties faced higher rates at 6.2% and 5.5%. In the northeast region, Washington County had the lowest unemployment at 3.5%, followed by Sullivan, Hawkins and Carter. Unicoi County had the highest rate at 4.2%. The state added over 2,000 new jobs in July, primarily in construction and health care, contributing to the overall economic stability, according to the Johnson City Press.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti last October sued the U.S. Department of Health and Human Services (HHS) over millions of dollars in family planning funding the state lost after it violated federal requirements for clinics to counsel clients on all reproductive health options, including abortion. The U.S. 6th Circuit Court of Appeals now has ruled that the federal government does not have to reinstate those funds as a legal battle plays out over the state’s abortion policy. According to the Associated Press, the court stated: “Tennessee was free to voluntarily relinquish the grants for any reason, especially if it determined that the requirements would violate its state laws.” In other news from the court, last week it found that Tennessee properly denied convicted felon Erik Williams’s attempt to dismiss his gun possession indictment. According to Bloomberg Law, Williams was indicted for being a felon in possession of a firearm after Memphis police stopped him for speeding and found a loaded pistol in the trunk. He previously robbed two people at gunpoint and was convicted of attempted murder. Williams argued that the law violated his Second Amendment rights. The court found that Congress may disarm people they believe to be dangerous as long those individuals have the opportunity to show they are not actually dangerous. The court found that Williams was given that opportunity.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

Gov. Bill Lee recently announced the appointment of two Tennessee attorneys to the state Higher Education Commission (THEC). Will Perry, an attorney at Butler Snow in Memphis and a former TBA Board of Governors member, and John Rader, a Cookeville native and chief of staff for Sen. Bill Hagerty, will serve on the commission through June 30, 2029. The THEC was created in 1967 by the Tennessee General Assembly to achieve coordination and foster unity concerning higher education in Tennessee. The commission develops, implements and evaluates post-secondary education policies and programs in Tennessee while coordinating the state’s systems of higher education.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Passages

Joyce Cassandra Broffitt, former Shelby County Criminal Court judge, died Aug. 23. She graduated from Rhodes College and received her law degree from the University of Memphis Cecil. C. Humphreys School of Law. While in law school, Broffitt worked as a pretrial counselor with Shelby County pretrial services from 1983 to 1988. From 1989 to 1996, she served as the assistant district attorney for Shelby County District Attorney's Office. In 1996, she was appointed as criminal court judge for General Sessions Division Nine and served there until her retirement in 2014. She also served as the judge for the Tennessee Court of the Judiciary. Services will be held Aug. 30 at 10 a.m. CDT with public visitation beginning at 9 a.m. at Serenity Funeral Home, 1638 Sycamore View Rd., Memphis 38134. Interment will immediately follow at the Doggett Family Cemetery, TN-59 N, Mason 38049. In lieu of flowers, memorial gifts be made to St. Jude Children's Research Hospital, LeBonheur Children's Hospital, Rhodes College or Youth Villages.

Posted by: Julia Wilburn on Aug 27, 2024

The Tennessee Republican Party has postponed Oak Ridge Rep. John Ragan’s request to challenge his August primary loss to former Clinton police chief Rick Scarbrough, reports the Tennessee Lookout. A special-called meeting is tentatively scheduled for Sept. 7 and may take place virtually, pending approval from the Tennessee comptroller and secretary of state and despite Ragan's opposition to the "validity" of decisions made during virtual meetings. Ragan lost his Aug. 1 primary race to Scarbrough by 258 votes and days later alleged that Democrats cast "crossover" votes in the Republican primary with the purpose of defeating him.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

Warren & Griffin, one of Chattanooga's largest personal injury law firms, has relocated its offices from the Dome Building downtown to the former Brewer Media headquarters at 1305 Carter St., Chattanooga 37402. Partner C. Mark Warren told the Times Free Press, "We've just outgrown our space in the Dome Building, so when we heard about this space, we jumped on it ... this is a great location and gives us room to continue to grow in our hometown."

Posted by: Julia Wilburn on Aug 27, 2024

One day after Tennessee legislators threatened to withhold sales tax revenue funds from Memphis and Secretary of State Tre Hargett said his office would not approve a ballot that included a city referendum on gun control, the Shelby County Election Commission announced it would not add those questions to the Nov. 5 ballot. The Commercial Appeal reports that county Election Commissioner Mark Luttrell said State Coordinator of Elections Mark Goins instructed the commission to not allow the ballot referendums on the ballot. The Memphis City Council previously had approved three ballot questions on gun control that, if approved, would amend the city's charter. Luttrell said that litigation is anticipated, and election commissioners would not be allowed to answer questions related to the matter.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

U.S. District Judge Waverly D. Crenshaw on Monday ruled that Tennessee's Medicaid program "TennCare" unlawfully terminated health care coverage for thousands of Tennesseans, concluding a four-year-long class-action lawsuit, reports the Tennessean. The court ruled that the state violated the Constitution, federal Medicaid law and federal protections for people with disabilities, stating that "poor, disabled and otherwise disadvantaged Tennesseans should not require luck, perseverance or zealous lawyering to receive health care benefits they are entitled to under the law." Michele Johnson, the Tennessee Justice Center’s executive director, said in a release, “We are proud to have stood with the courageous families that brought the case in order to protect the health coverage of many thousands of their neighbors across the state. We will continue to fight as this case moves forward.”

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

At its fall meeting on Sept. 28, the TBA Board of Governors will vote on proposed amendments to the association’s bylaws. The changes, recommended by the board’s Operations Committee, would update the office address of the TBA (Section 1), update the method of delivering notices of meetings (Sections 8 and 20), clarify what constitutes a quorum for Board of Governors meetings (Section 12), and modify the process for the election of officers and governors (Sections 40, 41, 42, 43, 44 and 46). Download a redline version that shows the proposed changes. Comments on the changes should be submitted prior to the fall meeting via email to barED@tnbar.org.

Posted by: Julia Wilburn on Aug 27, 2024

The Tennessee Supreme Court has ruled that an alert from a trained drug-sniffing dog can be considered an element of probable cause for a search even though the dog cannot tell the difference between illegal marijuana and legal hemp. The decision stems from a February 2020 traffic stop during which an officer smelled a strong odor in the car and a drug dog "alerted" on the presence of drugs. A passenger's backpack was confiscated and found to contain one ounce of marijuana, a loaded firearm, Ziploc bags and a working scale. The passenger was charged with, among other things, possession of marijuana with intent to sell and possession of a firearm with intent to go armed during a dangerous felony. The defendant attempted to have the backpack's contents excluded from evidence, arguing that the dog could not tell the difference between illegal marijuana and hemp. The trial court agreed and suppressed the evidence. The state appealed and the Court of Criminal Appeals reversed, finding the dog's alert provided sufficient cause for the search. The Supreme Court agreed that there was sufficient cause for the search but clarified that the dog's alert did not on its own justify law enforcement's actions. Rather, it found that the totality of the circumstances, including the dog's alert and other suspicious elements, gave the officers probable cause.


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