TBA Law Blog


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Posted by: Julia Wilburn on Jul 23, 2024
News Type: Legal News

The Foundation for Individual Rights and Expression (FIRE) has awarded Middle Tennessee State University (MTSU) a "green light" rating for free speech protections, the Tennessean reports. FIRE, a national free-speech advocacy organization that routinely reviews both public and private universities’ campus speech policies, says the green light rating is reserved for institutions with "no written policies that seriously imperil student free speech rights." MTSU revised its policies earlier this year having previously received a "yellow light" rating from the organization. MTSU is home to both the John Seigenthaler Chair of Excellence in First Amendment Studies, which promotes awareness of the First Amendment and quality journalism in Tennessee, and the Free Speech Center, a nonpartisan, nonprofit public policy center that seeks to further First Amendment education.

Posted by: Stacey Shrader Joslin on Jul 22, 2024
News Type: Legal News, Your Career

The Shelby County General Sessions Civil Court is seeking commitments from lawyers to volunteer as special judges when other sitting judges are not available to preside over a case. Those interested in serving in this capacity must meet the basic qualifications of TCA 8-18-101, be at least 30 years of age, a resident of the state for five years, a resident of the circuit or district for one year, and licensed to practice law in Tennessee. To be considered submit a letter of interest by email to Michelle McElhaney or by fax to 901-222-3415.

Posted by: Stacey Shrader Joslin on Jul 22, 2024
News Type: Legal News

Shelby County Juvenile Court Judge Tarik Sugarmon recently told The Daily Memphian that the court is opposed to taking over management of the county’s youth detention facility from the Shelby County Sheriff’s Office. He says the court does not have the budget to take over the facility after an outside entity estimated it would cost $30 to $40 million to make the transition. Sugarmon also expressed concern about the lack of clarity regarding the court’s role if the transition were to take place. In April, Sheriff Floyd Bonner proposed handing over the facility — which it has run since 2015 — to the court by Dec. 31, a timeline Sugarmon has questioned. In June, county commissioners rejected a nonbinding resolution requesting mediation between the two about the transition.

Posted by: Stacey Shrader Joslin on Jul 22, 2024
News Type: Legal News

Sean Williams, a former Johnson City businessman linked to scores of suspected sexual assaults, is expected to face his first trial this week in a federal court in Greeneville, Tennessee Lookout reports. Williams will stand trial on charges related to two alleged escape attempts from custody. He is expected to represent himself after a fourth attorney appointed to represent him withdrew from the case last week. Williams will face federal charges for production of child pornography in August. He has not been charged with any crimes related to the alleged assaults or seeking to interfere with police business. The Johnson City Police Department is facing multiple lawsuits alleging that officers took kickbacks in a scheme to protect Williams and thwart his victims from pursuing justice.

Posted by: Stacey Shrader Joslin on Jul 22, 2024
News Type: Legal News

Federal Judge Mark S. Norris recently denied six motions to dismiss aspects of the indictment against former Memphis police officers charged in the Tyre Nichols federal criminal case. Five of the six motions were filed by attorneys for Emmitt Martin III and were joined by the other defendants, Tadarrius Bean, Demetrius Haley, Desmond Mills and Justin Smith. Those motions argued that various charges were unconstitutional, vague or lacking specific facts and evidence, and that the prosecution improperly stated Martin's duty to intervene. Norris rejected all of those claims. The sixth motion was filed by attorneys for Tadarrius Bean. They argued that the prosecution failed to give fair notice of his charges. Norris rejected that motion as well, finding that the facts presented in the indictment supported each count on which Bean was charged. Read more about the rulings from the Commercial Appeal.

Posted by: Stacey Shrader Joslin on Jul 22, 2024
News Type: Legal News

Nashville’s Community Review Board is drafting a sexual misconduct policy that members hope will be implemented by the Metro Nashville Police Department (MNPD). Even as MNPD leaders say they maintain a zero tolerance policy, the department has faced scrutiny over its handling of such complaints in recent years, and more recently as part of a whistleblower complaint. The community board says the policy would address workplace misconduct, but also would include guidelines for officer interactions with civilians, the Nashville Banner reports.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

Florida joins the list of states transitioning to the NextGen Bar Exam, making it the largest jurisdiction to do so. Reuters reports that the Florida Board of Bar Examiners said its bar exam would continue to include a component testing state law after the July 2028 switch to the NextGen test. Florida joins 21 other states in moving to the NextGen Bar Exam, including Tennessee, which will make the switch in July 2027.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

The Tennessee government has agreed to remove individuals convicted of prostitution while they had HIV from its sex offender registry upon request. This decision comes after the state settled two lawsuits: one from the American Civil Liberties Union and four women who were convicted of aggravated prostitution, and one from the U.S. Department of Justice. The suits argued that Tennessee's laws were based on outdated science and unfairly labeled individuals with HIV as sex offenders. The Tennessee Lookout reports that at least 83 people are believed to be on the state sex offender registry solely because of those laws, with most living in the Memphis area, where undercover police officers and prosecutors most often invoked the the statutes. The Tennessee attorney general's office says it plans to “continue to defend Tennessee’s prohibition on aggravated prostitution,” which makes prostitution a misdemeanor in most cases but a felony for those who are HIV-positive.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

Montgomery County has appointed Teya Moore as juvenile resource coordinator for its juvenile court system. According to Clarksville Online, this newly created position will coordinate community-based services to prevent youth from involvement in the juvenile justice system and provide resources to at-risk children and families. Moore holds a Bachelor of Arts in Criminal Justice and a Master of Science in Human Services with a specialization in Social and Community Services. Previously, she was program coordinator for Catholic Charities in Clarksville and has worked with Clarksville Housing Authority, Blanchfield Army Community Hospital, Soldier Transition Assistance Program and Goodwill Career Solutions.

Posted by: Julia Wilburn on Jul 19, 2024
News Type: Legal News

Public access to Franklin State Forest is currently restricted as the Tennessee Department of Agriculture investigates vandalism and theft of Division of Forestry (TDF) equipment. TDA’s Agricultural Crime Unit is working with the Tennessee Bureau of Investigation, the Federal Bureau of Investigation, Homeland Security and local law enforcement to arrest those responsible for vandalizing TDF dozers and a transport truck, leaving the equipment with costly, extensive damage. The Chattanooga Times Free Press reports that state officials suspect that opponents of the logging industry are responsible. Read the press release from the department.


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