TBA Admin Law Section Discusses Judicial Deference on New Podcast Episode

A new episode of the TBA’s Sidebar podcast is now streaming, featuring Administrative Law Section members Jerry Taylor of Thompson Burton and Bill Penny of Burr & Forman. Taylor and Penny discuss judicial deference to agency expertise in federal and in state courts and how agencies evaluate and interpret rules and statutes. The episode was produced by the Administrative Law Section and its chair, Rita Gibson Rayford. The section will host its annual forum on Dec. 15 from 9:30 a.m. to 1:30 p.m. CST at Burr & Forman in Nashville and also via Zoom. Register for the event here.

City of Memphis Asks Judge to Dismiss Rape Victim’s Suit

Attorneys representing the City of Memphis have asked a judge to dismiss a lawsuit from rape victim Alicia Franklin, arguing Memphis police had no duty to investigate her case to the extent she believes was needed. Cleotha Henderson has been charged with Franklin’s 2021 rape and with the kidnapping and murder of Memphis jogger Eliza Fletcher. Franklin sued the city for failing to investigate her case properly, claiming the failure to arrest Henderson led to the death of Fletcher – a claim the city called “immaterial, impertinent and scandalous” in its Dec. 6 motion. The city is asking Circuit Court Judge Mary L. Wagner to dismiss the case or, alternatively, to strike all references to Fletcher and delays in the testing of rape kits from the plaintiff’s complaint. Read more from the Daily Memphian.

Audit Finds DCS Failed to Investigate Sexual Abuse Reports

The Tennessee Comptroller today released findings from its audit of the Department of Children’s Services, reporting that DCS failed to adequately investigate dozens of reports of sexual abuse and sexual harassment, the Tennessean reports. The audit also found that children remained in abusive or unsafe locations while DCS struggled to conduct “timely investigations,” that case workers failed to make “essential monthly supervision contacts” with those children, families and school providers in probation cases and that DCS didn’t move in a “timely manner” to investigate a large number of sexual abuse cases that fell under a federal rape law. The department is currently struggling with critical staffing and placement issues. Under a new bill filed by Rep. Yusuf Hakeem, D-Chattanooga, DCS case workers would have a hard cap of 20 assigned cases. WKRN has more on that story.   

Sparta Attorney Named President of the White County Bar Association

Brandon S. Griffin of the Griffin Law Group PLLC in Sparta has been named president of the White County Bar Association. Griffin graduated from the University of Memphis Cecil C. Humphreys School of Law in 2013 before returning to Sparta and founding his law practice. He can be reached at Griffin Law Group, 621 North Spring St., Sparta or at 931-837-2050.   

Judge Stays Death Row Inmate’s Suit Over Medical Care

Davidson County Chancellor I'Ashea L. Myles this week ruled that a Tennessee man on death row must exhaust the prison grievance process before his case can continue, the Tennessean reports. Henry Hodges filed a lawsuit over the psychological and physical care he received after an October incident in which he severely injured his own genitals. He was kept in full restraints nearly continuously for eight days after the incident. Myles stayed the case over a procedural need to exhaust the state's internal process, but expressed frustration with the narrow avenue prisoners have to raise issues with their care in extreme situations like Hodges'. News outlets the Associated Press and the Nashville Banner have filed freedom of information motions over the case. The AP is fighting the state’s request for a protective order that would seal broad categories of documents. The Banner seeks to unseal all documents that have already been filed.  

$10B Agreement Reached with CVS, Walgreens in Opioid Case

Tennessee Attorney General Jonathan Skrmetti recently announced that a $10 billion agreement has been reached with CVS and Walgreens for their role in the national opioid crisis. The agreement requires CVS to pay $5 billion and Walgreens to pay $5.7 billion. Both companies must also monitor, report, and share data about suspicious activity related to opioid prescriptions. Should all incentives be met, Tennessee is expected to receive a combined total of $265 million. Skrmetti said the funds will be sent “to the Opioids Abatement Trust Fund to assist in bringing the epidemic to a halt.” Read more from the AG's office. 

KBA Barristers Elect New President, Officers

The Knoxville Bar Association (KBA) Barristers announced last month that Eighth Judicial District Criminal Court Judge Zachary Walden will take office as president of the group. Other officers named for the young lawyer group include Vice President Charles S.J. Sharett and Secretary/Treasurer Jimmy Snodgrass. New board members are Matt Knable and Isaac Westling. The Barristers also presented President’s Awards to Mariel Bough and Grant Williamson, co-chairs of the Diversity Committee.

TBA President Tasha Blakney (left) with Zack Walden

UT Law Team Advances to National Moot Court Finals

Three University of Tennessee College of Law students have advanced through the regional rounds of the National Moot Court Competition and will represent the school at the national level. Second-year student Luke Norton and third-year students Miles Schiller and Julia Slagle won the Region 7 level for the third consecutive year. For the second consecutive year, Schiller was named the outstanding oral advocate in the championship round. The team is coached by emeriti professors Don Leatherman and John Sobieski. The finals will be held at the Association of the Bar of the City of New York Jan. 30 through Feb. 2, 2023. Read more about the competition and case and see a photo of the team.

TBI Seeking Outside Contractors to Test Rape Kits

The Tennessee Bureau of Investigation (TBI) is seeking $2 million in contracts with outside labs to process 1,000 rape kits it says need to be tested before the end of June, the Associated Press reports. The bureau issued the request for proposals for up to three contractors, as the state’s turnaround times for sexual assault kits continue to face scrutiny. The contractors also would testify about the tested kits in court cases. As of October, the agency said the average turnaround time for a rape kit was 43 weeks at the Knoxville lab, 42.4 weeks at the Jackson lab and 32.7 weeks at the Nashville lab. The bureau wants the contractors signed on by the end of January.

Tennessee Blocks TikTok on Devices Accessing State Networks

Tennessee is the latest state to take action against the social media app TikTok, WKRN reports. In a statement to the station, the governor’s office said steps have been made to ban the app on all devices that access government networks. Cybersecurity professionals warn that the app, owned by a Chinese-based company, could access users’ personal information. Some lawmakers, including Republican Sen. Marsha Blackburn of Tennesssee, have said the app should be banned in the United States.

Knoxville Police Review Board Gets Expanded Power

A new agreement between the Knoxville Police Department and Police Advisory and Review Committee (PARC) formalizes interactions between the two entities for the first time, Tennessee Lookout reports. The new agreement reportedly gives PARC staff greater access to the department’s disciplinary process and the ability to refer complaints to third-party mediation. It also codifies a number of informal procedures, according to officials. PARC was created in 1998 following the deaths of four men (three of whom were Black) in confrontations with police. Officers were cleared of wrongdoing, but the Black community lashed out at what they perceived to be a culture of brutality and indifference. The committee is comprised of seven volunteers, a full-time executive director and an investigative manager.

Volunteers Needed for 2023 High School Mock Trial

The TBA Young Lawyers Division Mock Trial Committee has released the case material for the 2023 Tennessee State High School Mock Trial competition. The case, Kat McNable v. Marty Bird, involves an accident between a scooter and open-air party wagon. The question centers on whether sand from the beach-themed, tractor-drawn wagon spilled onto the road and caused the scooter to spin out of control. McNable sustained serious injuries, including losing both front teeth. District mock trial competitions will take place in February 2023, with the state competition taking place March 17-18, 2023, in Nashville. The new problem, rules and other information can be found online. To volunteer click here.

Supreme Court Clarifies Consecutive Sentencing for Extensive Criminal Activity

The Tennessee Supreme Court today upheld partial consecutive sentencing that was imposed by a trial court after it had found that a defendant’s record of criminal activity was extensive. The case involved the downloading of child pornography and child erotica material and subsequent uploading of 174 images and video to a Dropbox account. At trial, the defendant admitted those actions and that he had shared or traded electronic files with others. At sentencing, the trial court imposed partial consecutive sentences believing that the volume of material involved in the case qualified as extensive criminal activity. The Court of Criminal Appeals affirmed the sentence though one judge dissented, arguing the trial court should not have relied just on the number of counts to determine the activity was extensive. The high court affirmed the majority appellate decision, saying that an extensive record of criminal activity is that which is large or considerable in amount, time, space or scope, and that the trial court was correct in finding extensive criminal activity in this case.

Court Reappoints 5, Names 3 New Members to Rules Commission

The Tennessee Supreme Court today made a number of appointments to the Advisory Commission on the Rules of Practice and Procedure. Commission members Kathryn Barnett, James Bowman, Doug Halijan, F. Dulin Kelly and Allan Wade were reappointed to another term. They now will serve through June 30, 2026. The court also named three new members. Sarah Keith, an assistant district attorney general in the Anderson County District Attorney General’s Office, will replace Steven Strain, while Donald Capparella with Dodson Parker Behm & Capparella in Nashville will replace F. Braxton Terry. Both will serve through June 30, 2026. Finally, the court named 20th Judicial District Criminal Court Judge Jennifer L. Smith as the new trial court liaison to the commission. She replaces Shelby County Criminal Court Judge Mark Ward.

Court Reappoints 3, Names 2 New Members to CLE Commission

The Tennessee Supreme Court today made a number of appointments to the Tennessee Commission on Continuing Legal Education. Commission members Julie Bennett and Mitchell Panter were reappointed to another term. They now will serve through Dec. 31, 2025. Franklin lawyer David Veile also was reappointed to another term as commission chair. He will serve through Dec. 31, 2023. In addition, the court named two new members. Dr. LaDonna Tatum Williams, assistant principal of Nashville’s Westmeade Elementary School, will replace Concetta Smith, while Shannon Hoffert, regulatory counsel with Methodist LeBonheur Healthcare in Memphis, will replace Christopher S. Campbell. Both will serve through Dec. 31, 2025.

SCOTUS to Resume Delivering Opinions from Bench

U.S. Supreme Court justices will again announce decided cases from the bench, a practice that was paused during the COVID-19 pandemic. Oral arguments before the court continue to be livestreamed to the public, but the court said its opinion announcements will not. Instead, audio of the opinions will be available from the National Archives next term. The last time the justices delivered an opinion from the bench was March 3, 2020. Since then, the court has released opinions online. Read more from Bloomberg Law.

Middle District Judges to Be Remembered Next Month

The judges of the U.S. District Court of the Middle District of Tennessee will hold a memorial service next month to honor the judges who have recently passed away. The event will pay tribute to District Judges Todd J. Campbell, Thomas A. Higgins, John T. Nixon and Thomas A. Wiseman Jr., Magistrate Judges E. Clifton Knowles and Kent Sandidge III and Circuit Judge Gilbert S. Merritt. The memorial will take place on Jan. 20 at 3 p.m. CST in the rotunda of the Fred D. Thompson U.S. Courthouse & Federal Building, 719 Church St., Nashville. A reception will follow. Read the invitation.

New Book From Former Tennessee Bar Journal Editor to Debut in February

Parnassus Books in Nashville is hosting the launch of former Tennessee Bar Journal editor Suzanne Craig Robertson's book, He Called Me Sister: A True Story of Finding Humanity on Death Row. The event will be on Feb. 21 at 6:30 p.m. CST. The event is free, but seating is limited and registration is required. With a foreword by Sister Helen Prejean and preface by Bill Moyers, the memoir recounts the Robertson family's 15-year friendship with Cecil Johnson, who was on Tennessee's death row and was executed in 2009. Drawing from Johnson's own memoir, news accounts and court documents, the book also features interviews with many lawyers involved in the case. Preorders are available from Parnassus and other online retailers.

Document Automation Solutions

Document assembly and management tools can help your office increase accuracy and efficiency. TBA’s Practice Management Center offers several resources related to document management, including comparison charts, a check list and whitepapers. See recent updates to our whitepapers on document automation considerations and automation stumbling blocks. See full list of resources.

Webcast to Cover Effectively Meeting Duty of Communication

From an initial client interview to completing a representation, a lawyer’s duty of communication with a client creates on-going potential for ethics missteps and legal malpractice liability. The Lawyer’s Duty of Communication webcast, worth three hours of dual credit CLE, will teach you how to effectively meet this important attorney-client duty. Use the prepaid CLE credits that come with your TBA Complete Membership and save on this course. Not a TBA member? Join now to start saving.

Ethics Roadshow Coming to Nashville Thursday

The Ethics Roadshow will be in Nashville on Thursday from 10:30 a.m. to 1:45 p.m. CST. The program will be held at the Nashville Public Library Downtown. This year’s program is again presented by Memphis attorney Brian Faughnan, owner of Faughnan Law. The theme is “While You Were Sheltering” because while most of us were “sheltering in place” during the last couple of years, there have been some significant changes to Tennessee's ethics rules. The program will offer three components: an update on which rules have changed, an overview of important rules that remain unchanged, and a look ahead at rules changes that may be on the horizon.