TBA Law Blog


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Posted by: Azya Thornton on Aug 19, 2024

Oak Ridge Rep. John Ragan has officially challenged his loss to Rick Scarbrough, alleging that more than 1,000 Anderson County voters were illegitimate Republicans who crossed over to cast a ballot in a race he lost by 258 votes, The Tennesean reports. Ragan argues that state law makes it illegal to vote in a political party's primary without being a "bona fide" member of or affiliated with the political party. He says his challenge is based on the Republican Party's bylaws, which have created bona fide definitions for candidates. Scarbrough sent a letter to his future House colleagues asking lawmakers to encourage members of the state Republican Executive Committee not to allow the contest to go forward, saying he is confident in the election results.

Posted by: Julia Wilburn on Aug 15, 2024

A new state law will take effect Jan. 1, 2025, which will mandate that all alcohol servers licensed with the Tennessee Alcoholic Beverage Commission must receive training on the role of alcohol and drugs in sexual assault and best strategies to prevent drugging in establishments, reports the Tennessean. Servers also will be required to have more training on sexual assault, date rape drug awareness and human trafficking. Dozens of downtown bars have signed on to the Safe Bar TN program, a network of bars, restaurants and community organizations working together to prevent alcohol-involved sexual violence and create safe nightlife venues.

Posted by: Stacey Shrader Joslin on Aug 8, 2024

The Tennessee Attorney General’s office has filed a notice of appeal after a three-judge panel threw out a state law that would have required the Nashville Metro Council to be cut from 40 seats to 20, the Tennessean reports. The panel ruled 2-1 at the end of July that the law violated the Tennessee Constitution’s Home Rule Amendment, which protects local governments from legislation targeting them. The law had been under injunction since April 2023, allowing Nashville to proceed with its August 2023 Metro Council elections with its full governing body. Attorney General Jonathan Skrmetti released a statement today and provided a link to the filing.

Posted by: Julia Wilburn on Aug 2, 2024

In the Tennessee State Senate, 16 districts held primary elections yesterday. Highlights include two upsets: incumbent John Lundberg, R-Bristol, lost to challenger Bobby Harshbarger, R-Kingsport, in District 4, and Frank Niceley, R-Strawberry Plains, lost to challenger Jessie Seal, R-Claiborne County, in District 8. Harshbarger will face Independent Dalia Price of Rogersville in November; Seal will face Democrat R.E. Ellison of Seymour. In the Tennessee House of Representatives, 17 incumbents held off primary challengers; nine of them are unopposed in the general election. In District 4, Republican Renea Jones of Unicoi defeated Curt Alexander; in District 96, Gabby Salinas beat four other Democratic challengers. Both Jones and Salinas will be unopposed in November. In District 27, Republican Patsy Hazelwood lost her primary reelection bid to Michele Reneau, both of Signal Mountain. Reneau will face Democrat Kathy Lennon of Red Bank. District 33 Rep. John Ragan, R-Oak Ridge, also lost his reelection bid to challenger Rick Scarbrough of Clinton, who will face Anne Backus, D-Oak Ridge. Read more in-depth coverage here.

Posted by: Stacey Shrader Joslin on Aug 1, 2024

State Rep. G.A. Hardaway, D-Memphis, Memphis City Council member Pearl Walker and Shelby County District Attorney General Steve Mulroy are calling for a pilot program that would use real-time GPS monitoring to track repeat criminal offenders. The Daily Memphian reports that the group says that such a program could provide another option to jail or bail. “We know that we do not have time to waste,” Hardaway said at a press conference yesterday. “Every minute, someone’s life is at risk. This will take repeat offenders and put them where we can guide them.” The pilot would be an extension of a law that took effect July 1 and authorizes a magistrate to mandate a defendant wear a GPS monitor for certain domestic assault charges. Hardaway also said he plans to offer legislation to expand the law to other charges when the legislature convenes next year.

Posted by: Stacey Shrader Joslin on Jul 31, 2024

Memphis nonprofit Just City, along with the American Civil Liberties Union of Tennessee, has sued officials in Shelby County's criminal justice system over a state law that prevents judges from considering a defendant’s financial condition when setting bail. The groups allege that the new law, enacted in May, unconstitutionally subjects arrestees to "discriminatory wealth-based detention" in violation of due process and equal protection guarantees. The filing argues that not considering someone’s ability to pay bail will result in widespread pretrial detention of people who do not need to be detained for the safety of the community. Prior to enactment of the law, Shelby County officials required judges to use an "ability-to-pay calculator" to determine affordable bail. The suit, filed in federal district court, seeks an injunction to block the law, effectively reinstating the previous practice, the Commercial Appeal reports. Read more and access the filing from the ACLU.

Posted by: Stacey Shrader Joslin on Jul 17, 2024

As of July 1, youth aged 15 and older in Tennessee may be tried in adult court for two nonviolent offenses: shoplifting of items valued over $1,000 with the intent to sell or fraudulently return the merchandise, or for stealing a firearm or attempting to do so. In the past, judges could decide to try a young person in adult court for violent or otherwise extreme offenses, the Nashville Banner reports. Davidson County Juvenile Court Judge Sheila Calloway is questioning whether the law is necessary. “Organized retail crime was not on our radar as an issue for the youth that we serve.” The bill’s lead sponsor Sen. Brent Taylor, R-Memphis, says he backed the legislation because “smash and grabs in Memphis have reached a crisis point.”

Posted by: Stacey Shrader Joslin on Jul 12, 2024

Shelby County District Attorney Steve Mulroy joined Memphis City Councilwoman Pearl Eva Walker at a recent first town meeting to discuss crime and public safety issues. The last question of the night, however, focused on legislative efforts to oust Mulroy from office, News 5 reports. When asked why state Sen. Brent Taylor, R-Memphis, is seeking to remove him from office, Mulroy said, “I don’t know. I mean, it’s got to be political. It’s obviously political. He’s playing to his base, getting clicks and likes and press by blaming one person for everything that’s going on. If you examine the truth, you’ll see there’s nothing to this.” Taylor has called for Mulroy to be removed from office for “dereliction of duty.”

Posted by: Stacey Shrader Joslin on Jul 11, 2024

The Daily Memphian looks at three races that will be on the ballot for Aug. 1 primary in Shelby County. In state House District 96, five Democratic candidates will face off. They are Eric Dunn, Telisa Franklin, Gabby Salinas, Orrden Williams and David Winston. In House District 97, Republican incumbent John Gillespie faces a primary challenge from Christina Oppenhuizen. And in state Senate District 30, incumbent Sen. Sara Kyle faces a Democratic primary challenge from Erika Stotts Pearson. Read more about each of the races from the paper.

Posted by: Julia Wilburn on Jul 9, 2024

State Rep. John Gillespie, R-Memphis, is leading the new Tennessee Street Racing Task Force, which is aimed at cracking down on street racing. Gillespie says street racing poses a serious public safety threat throughout the city of Memphis and the state. Action News 5 reports that Gillespie passed legislation this year that created the penalty of aggravated reckless driving and made drag racing a felony. The task force is expected to start meeting in August and is required to report its recommendations and findings in January 2025.


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