TBA Law Blog


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Posted by: Laura Labenberg on Sep 17, 2024
News Type: Legal News

TBA Young Lawyers Division (YLD) Past President Billy Leslie, Secretary Ross Smith and TBA House of Delegates Member Princess Rogers visited the Nashville School of Law (NSL) this week to speak with students about the benefits of their free membership with the TBA, including the Diversity Leadership Institute (DLI) and mentoring programs. They encouraged students to get involved with the TBA early by volunteering at pro bono clinics and attending CLE programs. NSL 3L student Diane Tress, a member of the 2024 DLI class, also was on hand to encourage her peers to apply for that program. See photos from the event.

Posted by: Azya Thornton on Sep 16, 2024
News Type: Legal News

Henry C. Leventis, U.S. attorney for the Middle District of Tennessee, has announced he will resign effective Oct. 4. During his two-year tenure, Leventis led the office's efforts in public safety, civil rights and combating health care fraud. Notable achievements, according to a press release from the office, included prosecuting international gangs, seizing significant amounts of drugs and intervening in a lawsuit challenging Tennessee's ban on gender-affirming care. Leventis will return to private practice after his departure. “I am eternally grateful to President Biden, Attorney General Garland, and Senators Blackburn and Hagerty for the opportunity to lead the United States Attorney’s Office and to work alongside so many talented and committed public servants,” Leventis said in the release.

Posted by: Azya Thornton on Sep 16, 2024
News Type: Legal News

TikTok and the U.S. government today began oral arguments in a federal court case that could determine the future of the popular social media platform in the United States, WSMV 4 reports. Attorneys for the two sides appeared before a panel of three judges at a federal appeals court in Washington, D.C. The case centers around a law enacted in April that requires TikTok's China-based parent company, ByteDance, to divest its U.S. operations by mid-January or face a ban. The social media platform sued after the law's enactment. The government argues that TikTok poses a national security risk due to its data collection practices and susceptibility to Chinese government influence. TikTok, however, contends that the law violates the First Amendment and is akin to authoritarian censorship. The company claims it has made significant efforts to address the government's concerns, including a proposed agreement and investments in security measures, according to the report.

Posted by: Azya Thornton on Sep 16, 2024
News Type: Legal News

An outside prosecutor is seeking a harsher sentence for a man charged with making threats against a judge, a federal building and other individuals. According to the Chattanoogan, Robert Edward Millsaps, who has a history of violent crime, is accused of threatening to bomb the courtroom of Hamilton County General Sessions Court Judge Gary Starnes as well as the federal building in Chattanooga. He also was charged with an act of terrorism and filing false reports. Local judges and prosecutors had recused themselves from the case so Bradley Sherman, a circuit court judge from Winchester, presided over the hearing last week. Millsaps is currently held on bond. ABA President Mary Smith noted this past spring that serious threats against judges have doubled since 2019, highlighting the growing concern for the safety of judicial officers.

Posted by: Laura Labenberg on Sep 14, 2024

A legal clinic in Campbell County on Saturday helped more than 40 individuals expunge their criminal records, thanks to the efforts of local officials and legal professionals. Campbell County General Sessions Judge Bill Jones, 8th Judicial District Public Defender Leif Jeffers and District Attorney General Jared Effler, Circuit Court Clerk Bobby Vann, the Bullock Law Firm, and members of the TBA Young Lawyers Division and University of Tennessee College of Law Legal Clinic contributed their time and expertise to the event. The Campbell County Sheriff's Office provided courthouse security for the clinic. See photos from the event.

Posted by: Azya Thornton on Sep 13, 2024
News Type: Legal News

The University of Tennessee College of Law has welcomed five new faculty members and appointed three associate deans. The new faculty members specialize in various legal areas, including health care law, environmental and energy law, legal writing and academic success, criminal law and procedure, and legal research and pedagogy, according to a press release. In a separate release, the school announced that Zack Buck will serve as associate dean for faculty development, Michael Higdon will serve as associate dean for academic affairs, and Briana Rosenbaum will serve as associate dean for diversity, inclusion and community engagement. "It was a banner recruiting year for us, and we are so fortunate to have attracted these outstanding teachers and scholars to further strengthen our faculty and expand the breadth of our academic offerings and scholarly expertise,” said Dean Lonnie T. Brown Jr.

Posted by: Azya Thornton on Sep 13, 2024
News Type: Legal News

In July, Katie Hagan, a former Nashville assistant district attorney, was seated as a juror on a case prosecuted by her own office. That situation and subsequent discipline imposed on Hagan have raised a number of ethical questions, the Nashville Banner reports. In addition to serving on the jury, Hagan was selected as the foreperson and voted for a not-guilty verdict in the case. Following the trial, Hagan told the Banner that Davidson County District Attorney Glenn Funk reprimanded her for an alleged ethical breach, arguing that her participation presented an inherent conflict of interest and could undermine the defendant's right to a fair trial. Hagan, who had disclosed her professional connections during jury selection, believed she could remain impartial. Following the trial, she was reassigned to desk work and subsequently resigned. Funk's office cites an opinion from the Board of Professional Responsibility supporting the view that Hagan’s service violated professional conduct rules. Hagan says she was following office policy that employees “are expected to honor subpoenas for jury duty” and “serve rather than to seek to be excused or exempted.”

Posted by: Azya Thornton on Sep 13, 2024

The U.S. Department of Justice has issued new guidance to state election officials on managing voter registration rolls, emphasizing compliance with federal laws that prohibit discrimination and coercion. The Tennessean reports that the guidance comes after Tennessee Coordinator of Elections Mark Goins sent letters in July to 14,375 individuals, deemed "potential non-U.S. citizens," demanding proof of citizenship and threatening penalties for illegal voting. Last month, the American Civil Liberties Union (ACLU) stated its intention to sue the state if the "voter list maintenance program” was not dropped. Soon thereafter, the state said it would not remove any of the individuals from the voting rolls. The federal guidance warns that erroneously targeting voter groups, such as newly naturalized citizens, could violate the National Voter Registration Act. It also cautions against practices that may violate voter record keeping standards.

Posted by: Azya Thornton on Sep 13, 2024
News Type: Legal News

A new Tennessee Inmate Disciplinary Oversight Board is taking shape two years after it was formed in the wake of the abduction and murder of Memphis school teacher Eliza Fletcher. The state legislature created the board in 2022 in response to the murder, alleged to have been committed by Cleotha Abston, who had been released from prison in 2020 after serving 19 years of a 24-year sentence for kidnapping and robbery. The board, modeled after the state's Board of Parole, will review sentence credits for good behavior and determine if credits should be revoked for infractions. Previously, each county reviewed these issues without state oversight. The nine-member board will be chaired by Vanessa Murtaugh, who previously was a prosecutor in the Shelby County District Attorney’s Office. According to the Daily Memphian, while some legislators see this as a step towards preventing similar tragedies, others question the board's $2 million annual cost and qualifications of its members.

Posted by: Azya Thornton on Sep 13, 2024
News Type: Legal News

In a reversal of policy, the Tennessee Department of Health is now allowing public health clinics to provide birth control and sexually transmitted infection (STI) testing to unaccompanied teens, citing exceptions to a new state law requiring parental consent for most health care. According to the Tennessee Lookout, the department previously interpreted the law to include sexual health services. However, Tennessee law already allows minors 14 and older to access confidential disease testing and birth control without parental consent. The revised guidance applies only to sexual health services, and all other primary care still requires parental consent. Health advocates welcomed the change but some some lawmakers say there are still concerned about the broader impact and potential unintended consequences of the law, according to the Lookout.


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