TBA Law Blog


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Posted by: Liz Slagle Todaro on Jun 26, 2024

Among the more than 200 new Tennessee laws taking effect on July 1 are two that address penalties for specific crimes, reports the Tennessean. One law increases criminal penalties for bullying and cyberbullying offenses to align more closely with harassment offenses. It also requires law enforcement to make an official incident report and inform parents or guardians of minor victims. Another new law allows prosecutors to seek the death penalty in criminal cases of child rape by an adult. This law may face a court challenge, as the U.S. Supreme Court ruled it unconstitutional to sentence a defendant to death for a non-homicide crime in 2008. 

Posted by: Stacey Shrader Joslin on Jun 25, 2024

In the latest move to oust Shelby County District Attorney Steve Mulroy, state Sen. Brent Taylor, R-Memphis, has established a hotline for Memphians to call and share their experiences dealing with the local prosecutor. According to Local Memphis, Taylor said that if any of the information received is relevant, it “will be shared with the legal counsel for the Senate Judiciary Committee for inclusion in the ouster resolution.” Earlier this month, Taylor said he plans to file a resolution immediately following the November election that would require Mulroy’s removal.

Posted by: Stacey Shrader Joslin on Jun 24, 2024

State Rep. Aftyn Behn, D-Nashville, and attorney Rachel Welty have filed suit against Middle Tennessee district attorneys general to stop enforcement of a new state law that makes it illegal for adults to help minors obtain an abortion out of state without parental consent. The law was signed by Gov. Bill Lee in May and goes into effect July 1. According to the Nashville Post, the pair argue that the law infringes on the U.S. Constitution’s First Amendment right to free speech. The suit was filed in the U.S. District Court for the Middle District of Tennessee. District attorneys named include Glenn Funk, Bryant C. Dunaway, Jason Lawson, Jennings H. Jones, Robert J. Carter, Ray Whitley, Robert J. Nash, Stacey Edmonson, Brent Cooper, Ray Crouch and Hans Schwendimann.

Posted by: Stacey Shrader Joslin on Jun 24, 2024

Shelby County District Attorney Steve Mulroy is pushing back on criticism of the work he is doing, Action News 5 reports. In his weekly newsletter, Mulroy emphasized his commitment to public safety, noting that his office prosecutes over 3,000 violent cases every year. He also offered to meet with anyone who has concerns. “Meanwhile, we’ll continue to do the actual work,” he wrote. In the last few weeks, Sen. Brent Taylor, R-Memphis. announced he would file a resolution to remove Mulroy from office and Speaker of the House Cameron Sexton and Lt. Gov. Randy McNally announced support for that effort. Asked about the situation in Memphis, Gov. Bill Lee said, “We have to make sure the legal system in Shelby County is doing ... its job and taking offenders off the street. We have a real serious crime problem there.”

Posted by: Julia Wilburn on Jun 14, 2024

Tennessee House Speaker Cameron Sexton, R-Crossville, said Friday he is in conversations with the state Attorney General’s office to seek the removal of Shelby County District Attorney Steve Mulroy for “dereliction of his office,” according to the Commercial Appeal. Mulroy's recent announcement of a diversion program for nonviolent felons who unlawfully possess a firearm has drawn pushback from state Republican officials including Sexton, who called the DA “soft on criminals” and accused him of “kowtowing to criminals once again.” Mulroy told the newspaper that Sexton's description of the diversion program was "a fundamental misunderstanding."

Posted by: Stacey Shrader Joslin on Jun 12, 2024

In a letter to Tennessee’s attorney general, state Sen. Brent Taylor, R-Memphis, is questioning the legality of an agreement between the U.S. Department of Justice (DOJ) and the Shelby County District Attorney’s office to stop prosecuting aggravated prostitution. Action News 5 reports that Taylor claims the agreement is an attempt to “attack a state law that they know they can’t win in trial.” He also is calling for the state to appoint a special prosecutor to investigate the agreement, WREG reports. District Attorney Steve Mulroy said the DOJ has spent a year investigating the office and concluded that it has been violating federal anti-discrimination laws in the prosecution of prostitution cases. According to Mulroy, the office will continue to address the problem of prostitution using different laws.

Posted by: Julia Wilburn on Jun 7, 2024

State Rep. Patsy Hazlewood, R-Signal Mountain, and Rep. Greg Vital, R-Harrison, co-sponsored an appropriation request in Gov. Bill Lee's $52.8 billion budget to secure $200,000 in state funding to support the McNabb Center. The Hamilton County Herald reports that the funds will allow the center to expand into Chattanooga and provide outpatient mental health services for military service members, veterans and their families in southeast Tennessee. “The McNabb Center provides vital mental health resources to those who have served our nation,” Hazlewood says. “This funding will ensure these potentially life-saving services are available to these heroes in Hamilton County.”

Posted by: Stacey Shrader Joslin on Jun 5, 2024

Tennessee state and local leaders recently gathered to honor retiring State Rep. Curtis Johnson, R-Clarksville. Johnson announced last year he would not seek re-election when his term in the Tennessee House of Representatives expires in November. Johnson has served as a state legislator since 2004, including a stint as deputy speaker. Among those attending the event were Tennessee Secretary of State Tre Hargett, Treasurer David Lillard Jr. and Comptroller Jason Mumpower; Montgomery County Mayor Wes Golden; Clarksville Mayor Joe Pitts; and several fellow lawmakers. Main Street Clarksville has more on the story and photos from the event.

Posted by: Stacey Shrader Joslin on Jun 5, 2024

Rep. Vincent Dixie, D-Nashville, has asked Attorney General Jonathan Skrmetti to issue a legal opinion on whether Donald Trump can be on the ballot in November following the former president’s conviction last week. Dixie argues that a state law barring those convicted of an “infamous crime” from running for office could apply in this case. WDEF has a copy of the letter. The Nashville Banner reports in its newsletter that the Secretary of State’s Office is dismissing the idea.

Posted by: Julia Wilburn on May 28, 2024

Gov. Bill Lee has signed SB2763, a preemption bill that blocks any local Tennessee municipality from passing its own version of an extreme risk protection order or "red flag" law, which could remove guns from individuals deemed a threat. The bill passed in the final days of session, a year after Lee failed to pressure lawmakers into a vote over his version of an extreme risk measure following the Covenant School shooting. The Tennessean has the story.


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