The U.S. Supreme Court will not consider when criminal defense attorneys are obligated to start negotiating plea deals for their client, Bloomberg Law reports. The justices decided yesterday not to hear a Florida man’s claim that his attorney failed to adequately advise him on his plea. Quartavious Davis chose to plead not guilty. He was convicted and sentenced to 159 years for seven armed robberies. His co-defendants pleaded guilty and got lighter sentences. In a dissenting opinion, Justices Ketanji Brown Jackson and Sonia Sotomayor wrote that they would have heard the case, saying it was “a clear opportunity … to resolve a circuit split regarding whether having an actual plea offer is an indispensable prerequisite to making the necessary showing of prejudice.”

A bill passed yesterday by the K-12 Subcommittee of the Education Administration Committee aims to shield educators who do not use the preferred pronoun of a student, WTVC reports. Under HB1269/SB0466, teachers or other public school employees would not be required to use a pronoun that is not consistent with the student's biological sex. Employees also would be insulated from civil liability and adverse employment action for their use of non-preferred pronouns.

A fourth Memphis Fire Department employee is under investigation related to the death of 29-year-old Tyre Nichols, Memphis' chief legal officer said yesterday. The identity, rank and status of the employee is unknown. Chief legal officer Jennifer Sink told the Commercial Appeal that the individual came to the scene “much later and provided medical care and transported Mr. Nichols to the hospital.” She said the department has not "come to a final decision as to the action against him." Sink also told area media that officials may wrap up their internal investigations in the "next couple of weeks."

The state Supreme Court reinstated the license of Shelby County attorney Justin Leslie Bailey effective Feb. 6, after Bailey completed requirements of the BPR.

Luther Wright of Olgetree Deakins will present "Making 'Difficult Communications' Less Difficult: Best Practices and Strategies for Success" at noon on Feb. 28. This presentation examines the five barriers to healthy communications and provides strategies for addressing each and identifies the most common communication mistakes employers make. The presentation also provides tips for individuals to become better communicators and explores de-escalation techniques. Visit the CLE course listing for more information and to register.

The University of Tennessee College of Law celebrates Black History Month with a Black Women in Appellate Law Panel, hosted by the Black Law Student Association. Panelists will include Justice Kyra Harris Bolden, the first Black woman to serve as an Associate Justice of the Michigan Supreme Court and Ashely Stewart, the first Black woman to argue in front of the Iowa Supreme Court. This event is Wednesday at noon EST in Room 237.

The Biden administration has announced a new plan to restrict which migrants can apply for asylum at the border, likely setting off a flurry of court battles. The Department of Homeland Security (DHS) rolled out the new rule, which would limit some migrants arriving by land from requesting asylum protections if they have not already requested asylum in another country they passed through on their way to the United States. The rule is designed to dovetail with the administration’s other major immigration initiative, a system that allows certain asylum seekers with U.S.-based sponsors to apply for immigration parole to directly enter the United States from their home countries or from certain transit countries. The Hill has the full story.

The Workers’ Compensation Appeals Board will hear arguments in Cook v. Newton Nissan of Gallatin on Wednesday. After an expedited hearing, the trial court ordered the employer to offer a panel of pain management specialists, which must exclude a physician who had already seen the employee. The employer appealed. Arguments will start at 9 a.m. and will be held via Microsoft Teams. To observe, click on the links in this revised Oral Arguments Docket.

Community leaders in Shelby County, including the local branch of the NAACP, are asking the Department of Justice to get involved in reform efforts on the local level. One of the paths forward include people calling for two separate consent decrees — one for the Memphis Police Department in light of the death of Tyre Nichols and one for the Shelby County Jail in light of the death of Gershun Freeman. If the Department of Justice investigates and finds the two entities constitutionally deficient, a governing body would come in and work with city and county leaders to improve said conditions. ABC24 has the full story.

NewsChannel 5 reports that Tennessee Attorney General Jonathan Skrmetti has opened a criminal investigation of Nashville District Attorney Glenn Funk’s office. Skrmetti’s office is specifically interested to learn whether anyone on Funk's team violated the state's wiretapping statute by installing listening devices in and around Funk's office in downtown Nashville. In a written statement, Funk's office insists the devices were a necessary part of office security and that "there is no reasonable expectation of privacy for conversations in public places."