TBA Law Blog


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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.

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.


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