TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 16, 2024
News Type: Legal News

A new law sponsored by state Sen. Ken Yager, R-Kingston, and Rep. Ed Butler, R-Rickman, strengthens penalties for indecent exposure by inmates in correctional facilities from a Class A misdemeanor to a Class E felony. The new law aims to protect prison staff by cracking down on misconduct by inmates and reduce the number of incidents. At the time of its passage, Yager said, “Indecent exposure has no place in our correctional facilities, and unfortunately, this misconduct has become an increasing method for inmates to abuse and harass correctional staff.” Since the law went into effect July 1, the Tennessee Department of Corrections has identified 109 inmates across the state who could be charged under the new law. It will be up to local district attorneys to decide whether to charge and prosecute these cases, the LaFollette Press reports.

Posted by: Julia Wilburn on Oct 16, 2024
News Type: Legal News

Knox County Assistant District Attorney Robert DeBusk resigned Tuesday following allegations that he lied under oath about violating attorney-client privilege by accessing protected communications between inmates and their defense attorneys. DeBusk was suspended after questions arose about his improper access to an email and a recorded voicemail from jail inmates to their attorneys, raising concerns about his handling of privileged information. Knox News has the story.

Posted by: Julia Wilburn on Oct 16, 2024
News Type: Legal News

The Southern Environmental Law Center (SELC) last week sued the Tennessee Valley Authority (TVA) in the U.S. District Court for the Eastern District of Tennessee. The lawsuit, filed on behalf of three environmental groups, claims that the TVA spent millions on the gas plant through agreements with pipeline operator Enbridge and GE before it studied negative environmental effects or renewable energy alternatives, or received community feedback, Knox News reports. The suit also alleges that the agreements, and a 2022 contract for combustion turbines from GE, violate the National Environmental Policy Act (NEPA). Kingston was the site of the catastrophic coal ash spill in 2008 which resulted in more than a decade of litigtation over safety violations between workers and their families and Jacobs Solutions. A settlement was reached in 2023.

Posted by: Julia Wilburn on Oct 16, 2024
News Type: Legal News

The Shelby County District Attorney's office last week announced that a new bail-setting form will include a “law-enforcement notes” section, replacing the previous bond-recommendation section. The form will include information on a defendant’s evidence of flight, evasion, violence, other crimes and other relevant information. The Daily Memphian reports that the new bail-setting form is the latest change to Shelby County’s bail-setting process, which has received criticism from local residents and state legislators who claim it often does not do enough to protect the community.

Posted by: Stacey Shrader Joslin on Oct 15, 2024
News Type: Legal News

West Tennessee Legal Services (WTLS) has opened an office in Memphis at 1407 Union to begin serving clients there, the Daily Memphian reports. In the three months since the group inherited the caseload of the federally funded legal aid office in Memphis, WTLS Executive Director Ashley Holliday has hired 10 lawyers, found temporary office space, blazed trails to connect with the legal community and moved twice. Memphis Area Legal Services, now headed by CEO Nicole Grida, will continue to provide legal services through private funding and grants. “The scope of our work remains unchanged,” Grida told the paper. “We still serve clients in our priority areas, housing, family and children, elder, consumer … services that we have offered for a number of years.”

Posted by: Julia Wilburn on Oct 15, 2024
News Type: Legal News

After being closed for more than five months for asbestos, mold and lead remediation, Shelby County Juvenile Court was scheduled to resume in-person hearings on Monday. However, due to staffing and budget issues, all 150 cases scheduled for Monday — including for dependency and neglect, custody and visitation and child support — were held virtually, a change communicated on Sunday. The Shelby County Sheriff's Office transported juveniles to court last year, but communicated to the court that they would not continue to do so this year, due to staffing and budget issues. The Daily Memphian has more.

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

The current law school admission cycle kicked off with an 18% surge in people registering to take the LSAT entrance exam. According to Reuters, this increase likely suggests increased interest from young people in careers focused on U.S. legal affairs. The LSAT administration in the latest cycles — which includes August, September, October and November posted increases in either test takers or those registered to take the test compared to last year. The article reports, this year's increase in LSAT takers comes as the U.S. legal sector has begun to add jobs after a four-month slump. Law school applications have also increased with applicants up 6% nationwide over the previous year.

Posted by: Stacey Shrader Joslin on Oct 15, 2024
News Type: Legal News

A former prosecutor has sued Nashville District Attorney General Glenn Funk, accusing him of violating her First Amendment rights by allegedly forcing her out of her job after she served on a jury in a case prosecuted by the office. Katie Hagan voted to find the defendant not guilty after which she says Funk “berated” her for her actions, “accused her of being unethical” and reassigned her to desk work. She ultimately resigned. Hagan argues that she did not believe she could decline the jury summons given the office’s policy, which states: "Jury service is a responsibility of good citizenship, and all employees are expected to honor subpoenas for jury duty in any court. It is the office policy that employees serve rather than seek to be excused or exempted. Jury service is both a privilege and an obligation." NewsChannel 5 reports on the suit.

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

The two parties in the legal dispute over ownership of the Swan Ball have reached a "settlement in principle" that will determine who owns the annual event, the Cheekwood Botanical Garden or a group of volunteers who produce the multi-day, invitation-only event. Attorneys for both parties submitted a joint statement to a federal judge on Oct. 14 saying that the court mandated mediation — which lasted 10.5 hours, resulted in the preliminary agreement, according to the Nashville Business Journal. In July, a group of volunteers sued Cheekwood, accusing it of "planning a coup" to take control of the gala's planning and operations, Cheekwood then filed a countersuit. In September, a court ruled in favor of the volunteers, finding that the group overseeing the event provided "sufficient evidence" of ownership. U.S. Magistrate Judge Barbara Holmes gave the parties until Nov. 15 to file formal paperwork to dismiss the lawsuit or to update the court on efforts to reach a finalized agreement.

Posted by: Liz Slagle Todaro on Oct 15, 2024
News Type: Legal News

Acting U.S. Attorney for the Western District of Tennessee Reagan Fondren announced her office is joining the Department of Justice in commemorating October as Domestic Violence Awareness Month (DVAM). Last month, the Justice Department's Office on Violence Against Women awarded over $228.5 million in grants for services for survivors of domestic violence. DVAM also includes a national day of action, "Purple Thursday," observed Oct. 17, when advocates are encouraged to wear purple and start a conversation about domestic violence. Read more about DVAM and domestic violence resources in a release from Fondren's office.


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