TBA Law Blog


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Posted by: Azya Thornton on Nov 15, 2024
News Type: Legal News

The four officers who faced federal charges in the death of Tyre Nichols last month now have a trial date for the state criminal case, the Commercial Appeal reports. The state case against Tadarrius Bean, Demetrius Haley, Emmitt Martin III and Justin Smith Jr. will begin April 28, 2025. Before then a number of motions will need to be worked out. One of those motions, which would sever the defendants and allow them to be tried individually, will be heard Nov. 25. The federal case, which charged the officers with civil rights violations, ended in early October.

Posted by: Azya Thornton on Nov 15, 2024
News Type: Legal News

A Virginia-based nonprofit has filed a federal lawsuit challenging the racial requirements for appointments to key medical boards in Tennessee. The lawsuit, filed earlier this month by Do No Harm, targets the state's Board of Medical Examiners and Board of Chiropractic Examiners. The medical examiners board mandates that the governor appoint at least one Black member, while the chiropractic board requires at least one racial minority member. Do No Harm and attorneys from the Pacific Legal Foundation argue that individuals have been denied appointments because they were not from a minority group. The lawsuit names Gov. Bill Lee as the defendant, citing his role in overseeing state board appointments. The Hamilton County Herald reports on the issue.

Posted by: Azya Thornton on Nov 15, 2024
News Type: Legal News

Two Memphis advocacy groups have filed an amicus brief in support of a lawsuit against a bail law that passed during last year's legislative session. The suit, filed earlier this year by the ACLU of Tennessee and Memphis advocacy group Just City, alleges that the law — which prevents judges from considering an individual's financial condition when setting bail — violates the constitution. Stand for Children Tennessee and the Official Black Lives Matter Memphis Chapter filed the brief on last week, according to the Commercial Appeal. The state law reportedly was designed to target Shelby County's standing bail order, which was established in 2022 after several organizations threatened to sue for unconstitutional bail practice.

Posted by: Julia Wilburn on Nov 14, 2024
News Type: Legal News

Collierville Municipal Court Judge Lee Ann Pafford Dobson today ruled that a case involving the shooting death of a Collierville orthopedic doctor will proceed to a grand jury after finding probable cause the defendant committed the crime. The Daily Memphian reports that Larry Pickens is charged with first-degree murder and aggravated assault of Dr. Benjamin Mauck in July 2023. If the grand jury indicts Pickens, the case will then go to the Shelby County Criminal Court for trial. A new state law named after Mauck mandates a minimum sentence of 30 days in jail and a $5,000 fine for misdemeanor assaults within health care facilities. An older law states officers cannot make arrests for misdemeanor assaults unless they witness the incident and must issue a warrant instead. The conflict between the two laws is raising questions about how to resolve differences.

Posted by: Liz Slagle Todaro on Nov 14, 2024

Tennessee's 114th General Assembly will convene on Jan. 14, 2025, and TBA’s Government Affairs team is committed to affecting positive change on behalf of Tennessee attorneys. The best way for TBA members to connect with these efforts is through our Grassroots Advocacy Initiative, a network of engaged lawyers, interested in and informed about issues relevant to the practice of law in our state. Please complete this form if you are interested in learning more about TBA's grassroots efforts, including opportunities to advocate, like TBA's 2025 Day on the Hill and Big Shrimp Legislative Reception. Both events will be held March 19, 2025 in Nashville, providing an opportunity to meet with legislators and talk to them about issues important to the profession. Increased resources for indigent representation remains a priority for TBA. Look for another article in our Indigent Representation Primer in Friday's TBA Today.

Posted by: Stacey Shrader Joslin on Nov 14, 2024
News Type: Legal News

The TBA Young Lawyers Division (YLD) has selected members for the 2025 Diversity Leadership Institute (DLI) class. This year's invited participants represent law school students from across the state. Congratulations to Samantha McCrory and Mary Martha Willson from Belmont University College of Law; Rebekah Ballard, Shana Singleton and Sharon Strahan from Lincoln Memorial University Duncan School of Law; Ilse Bloss from Nashville School of Law; Divine Dent from University of Memphis Cecil C. Humphreys School of Law; and Shery Girgis and Fady Megaly from Vanderbilt University Law School. The class will have its first meeting in January. Read more about the program and how to get involved as a mentor or speaker.

Posted by: Stacey Shrader Joslin on Nov 14, 2024
News Type: Legal News

A former Nashville police officer’s home was searched in September as part of the probe to determine who leaked documents related to the Covenant School shooting, WSMV reports. The newly released information shows that Tennessee Bureau of Investigation agents searched the Portland home of Garet Davidson. A document filed by another officer says Davidson, who resigned from the department last December, controlled access to the safe where police stored the Covenant School investigation files. Davidson also has been a whistleblower in the department’s internal affairs office.

Posted by: Stacey Shrader Joslin on Nov 14, 2024
News Type: Legal News

The parents of Jillian Ludwig, a Belmont University freshman who was shot and killed by a man determined to be mentally incompetent, are suing the Metro Nashville government, the state and multiple other entities and individuals over their daughter’s wrongful death. The suit argues that authorities erred when determining the shooter was not competent to stand trial but not so incompetent to qualify for involuntary commitment. They are seeking more than $50 million as relief. The Tennessean has more on the suit. Earlier this year, the state legislature approved “Jillian’s Law,” which requires involuntarily commitment of certain criminal defendants who are ruled incompetent to stand trial due to intellectual disability or mental illness.

Posted by: Stacey Shrader Joslin on Nov 14, 2024
News Type: Legal News

A lawsuit seeking the ouster of Shelby County Clerk Wanda Halbert will go back to court next week, the Daily Memphian reports. Circuit Court Judge Felicia Corbin-Johnson has set Nov. 20 as the date to hear oral arguments on Halbert’s attorneys’ motion to dismiss the suit. Both sides have filed briefs on the question of whether the county attorney’s office could legally appoint a private attorney to file the ouster lawsuit in August. It is the second time Halbert has been the target of an ouster lawsuit alleging willful neglect of her office. Corbin-Johnson dismissed the first, filed in May, ruling that special attorney and Hamilton County District Attorney General Coty Wamp could not file the suit because she does not live in the jurisdiction where Halbert was elected. That decision led the county attorney’s office to contract with a private lawyer to bring the suit.

Posted by: Stacey Shrader Joslin on Nov 14, 2024

Two firearm advocacy groups, Gun Owners of America and the Tennessee Firearms Association, have sued the city of Memphis and Interim Memphis Police Chief C.J. Davis, the Daily Memphian reports. The groups are seeking a temporary restraining order to stop the city from enforcing gun control measures approved by voters last week. While measures have an effective date of Jan. 1, 2025, the Memphis City Council has acknowledged they have no enforceable effect since the Tennessee Constitution prohibits local governments from enacting gun restrictions. The groups argue that despite that, the referendums infringe on their rights.


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