TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 15, 2023

The Shelby County District Attorney’s Office has joined a motion filed by Memphis defense attorney Robert Hutton to prevent the Tennessee attorney general from handling a post-conviction case for his client. The motion challenges a new law, which removes power from local district attorneys to litigate death penalty post-convictions, often referred to as collateral reviews, when new evidence and competency questions are raised. The motion argues that the law is “unconstitutional” and violates voters’ rights, the Commercial Appeal reports. District Attorney Steve Mulroy tells the paper that he believes the law improperly infringes on “the inherent prosecutorial discretion of local elected district attorneys” and that it also violates the rules regarding the captions of bills. The bill in question originally dealt with rape-kit backlogs, but an amendment stripped that language and inserted the collateral review provision. The bill’s sponsor argued that the process needed streamlining and that under the law, the “attorney general will be able to move seamlessly up and down the trial court as necessary, and back into the appeals process” rather than turn cases temporarily over to local prosecutors.

Posted by: Stacey Shrader Joslin on May 12, 2023

Gov. Bill Lee told reporters yesterday that he hopes the state can forge a better path with whoever succeeds current Nashville Mayor John Cooper, WPLN reports. “I look forward to working with the next mayor, whoever that is, to make sure that we keep Nashville one of the most exciting cities in America — keep it moving in that direction and to minimize the politics at play,” Lee said. Republicans in the General Assembly made their displeasure with city officials known throughout the past legislative session, passing measures to cut the Metro Council in half, changing the makeup of the city’s sports and airport authorities, and disbanding the community oversight board.

Posted by: Stacey Shrader Joslin on May 12, 2023

During a special called meeting last night, the Johnson County Commission voted to select former Rep. Timothy Hill to temporarily fill a vacancy created by the recent resignation of Rep. Scotty Campbell. The commission chose Hill over fellow candidates Neal Kerney, Angie Stanley, Stacy Vaughan and Lori Love, WJHL reports. Hill was a member of the House of Representatives from 2013-2020 but stepped down from his seat when he unsuccessfully ran for Congress. Campbell replaced him in the state legislature. A primary election will be held on June 22 followed by the general election on Aug. 3 to fill the seat for the remainder of the term.

Posted by: Paul Burch on May 11, 2023

Gov. Bill Lee signed into law a $230 million school safety funding package yesterday intended to boost security at public and private schools, the Tennessean reports. The bill includes funds for increasing security collaboration with state and local law enforcement and for required emergency drills. The bill was filed prior to the shooting at the Covenant School in Nashville on March 27, which killed three adults and three children.

Posted by: Paul Burch on May 9, 2023

Juneteenth is now an official state holiday in Tennessee following Gov. Bill Lee signing a new bill into law on May 5, News 9 reports. The bill was sponsored by Rep. William Lamberth, R-Portland, and Sen. Jack Johnson, R-Franklin. Juneteenth was made a federal holiday in 2021. Juneteenth, also known as Freedom Day, commemorates the day in 1865 when Union soldiers arrived in Galveston, Texas, and ordered freedom for the enslaved people of the state two months after the end of the Civil War.

Posted by: Julia Wilburn on May 8, 2023

Gov. Bill Lee has announced that the Tennessee General Assembly will convene for a special legislative session focused on public safety on Aug. 21. A press release from Lee's office states, in part, “There is broad agreement that action is needed, and in the weeks ahead, we’ll continue to listen to Tennesseans and pursue thoughtful, practical measures that strengthen the safety of Tennesseans, preserve Second Amendment rights, prioritize due process protections, support law enforcement and address mental health.” Tennesseans are encouraged to share their feedback using this form.

Posted by: Julia Wilburn on May 8, 2023

Rep. Ron Gant, R-Rossville, has undergone surgery following a heart attack, according the House Republican Caucus. Gant, who is still recovering from injuries to his arms and hip sustained in a car wreck in October, had a stent placed in a blocked artery. Updates on his condition are available via his Facebook page.

Posted by: Julia Wilburn on May 4, 2023

Representatives Justin Jones, D-Nashville, and Justin Pearson, D-Memphis, have officially filed for reelection. The two representatives were expelled after protesting on the House floor in April in support of the public’s calls for gun reform. Both were reappointed to their seats within days of expulsion and have been serving as interim representatives. The special elections are estimated to cost somewhere between $70,000 and $120,000 in Nashville and around $400,000 in Memphis, according to News Channel 5 and the Daily Memphian.

Posted by: Paul Burch on May 2, 2023

The Tennessee Secretary of State's office announced the House District 3 Special Election will be held Aug. 3 to fill the seat of former Rep. Scotty Campbell. Campbell resigned in April after it became public that the Workplace Discrimination and Harassment Subcommittee had found him guilty of ethics violations. Qualifying candidates must register by May 11. The Johnson County Commission will appoint a temporary replacement at a special meeting that same day. Read more from Johnson City Press.

Posted by: Paul Burch on Apr 28, 2023

Students from the Nashville School of Law surprised Dean William C. Koch, Jr. with a Senate Joint Resolution honoring his leadership. Dean Koch teaches U.S. Constitutional Law and Tennessee Constitutional Law at NSL and is also an adjunct professor at Vanderbilt School of Law and Belmont College of Law. Read SJR 0334.


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