TBA Law Blog


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Posted by: Julia Wilburn on May 17, 2024
News Type: Legal News

Cleotha Abston has been sentenced to 80 years in prison for three charges related to the 2021 rape of Alicia Franklin. Shelby County Criminal Court Division 7 Judge Lee Coffee handed down three consecutive sentences: 40 years for aggravated rape, 20 years for aggravated kidnapping and 20 years for being a convicted felon in possession of a firearm. He will not be eligible for parole on the rape or kidnapping charges, but has release eligibility after serving 85% of his firearm possession sentence. He cannot appeal his sentence because he agreed to it, though he can appeal his trial conviction. The Daily Memphian reports that Abston was not charged in the Franklin rape case until after he was charged in the September 2022 death of Memphis teacher Eliza Fletcher. Due to a testing backlog, the Tennessee Bureau of Investigation had not tested Franklin’s sexual-assault kit prior to Fletcher’s abduction and death.

Posted by: Julia Wilburn on May 17, 2024
News Type: Legal News

St. Thomas Rutherford Hospital on Monday filed a lawsuit in Davidson County Chancery Court, challenging the Tennessee Health Facilities Commission’s decision to grant approval for Vanderbilt Rutherford Hospital, a proposed 42-bed, acute care facility to be built near Murfreesboro. The Tennessee Lookout reports that the commission’s February decision marked a sharp reversal of an earlier decision by an administrative judge, who in 2023, denied Vanderbilt a so-called certificate of need, siding with three area hospitals who disputed a new hospital in the same market was necessary. TriStar StoneCrest Medical Center and Williamson Medical Center have contested plans for a new Vanderbilt facility but have not yet filed legal challenges.

Posted by: Julia Wilburn on May 17, 2024
News Type: Legal News

Rep. Caleb Hemmer, D-Nashville, on Thursday filed an ethics complaint against Tennessee Education Commissioner Lizzette Reynolds, alleging that she accepted travel reimbursements paid for by ExcelinEd, a national advocacy group that also lobbies to expand education choice policies. The group employed a lobbyist in Tennessee who lobbied for Gov. Bill Lee's school choice proposal. The Tennessean reports that state law prohibits members of the executive branch, lawmakers and political candidates and their immediate families from soliciting or accepting gifts — directly or indirectly. In April, Reynolds was called out by lawmakers on both sides after she signed forms misrepresenting her tenure with the state to receive a tuition waiver. Hemmer in February asked Attorney General Jonathan Skrmetti to determine whether Reynolds met the qualifications to hold the position of commissioner. Skrmetti reponded in April saying Lee has “unchecked authority” under Tennessee law to pick whoever he wants to run the Education Department.

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

The Memphis office of the Tennessee Court of Workers' Compensation Claims was closed today due to water main problems. Bureau of Workers’ Compensation employees in Memphis were working remotely. Those who have settlement approvals scheduled should call the office at 615-532-4812 to reschedule.

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

A bill allowing for the death penalty in some cases of child rape has been signed into law by Gov. Bill Lee. It will take effect July 1 and will apply in cases where the offender has multiple prior felonies or multiple victims. Opponents predict the law will be challenged based on a 2008 decision by the U.S. Supreme Court, which found that the Eighth Amendment’s protection against cruel and unusual punishment prohibits the death penalty in causes where the victim does not die. The Associated Press reports on the development.

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

Belmont University College of Law announced a two-year pilot health care clinic that will be embedded at the Tennessee Justice Center (TJC). Funding for the “Healthcare Justice Clinic” will be provided by a $260,000 grant from the Speer Foundation. The clinic will be coordinated by a TJC staff attorney and staffed by Belmont law students who will be selected for the externship. Students will receive academic credit for the experience, which will also include a class focused on managing client cases. The effort is designed to expand TJC’s work of advocating for vulnerable Tennessee families. “There are way more Tennesseans who need help than our small staff can handle, so this new resource will make a powerful difference,” said Michele Johnson, TJC co-founder and executive director. Read more in a news release from the school.

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

The entirety of Tennessee's sex offender registry law cannot be thrown out because a handful of requirements may be unconstitutional, a three-judge panel of the U.S. Court of Appeals for the 6th Circuit has ruled. According to Courthouse News, the decision vacates an injunction granted by U.S. District Judge Aleta Trauger and directs her to focus on only the requirements that do not pass constitutional muster. A class of sex offenders convicted before 1995 sued the state in 2021, arguing that recent changes to registry requirements violate their constitutional rights. The appeals panel also dismissed Gov. Bill Lee from the action, leaving Tennessee Bureau of Investigation Director David B. Rausch as the sole target of the suit.

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

Shelby County Sheriff Floyd Bonner says if the Shelby County Board of Commissioners passes a budget that cuts 441 vacant positions from his office, he will take the commission to court. At the opening of county budget hearings today, Bonner said he believes state law forbids cuts to his part of the county budget. “We’re being asked by city of Memphis residents to do more than we’ve ever done before,” Bonner said while also citing the need for a new jail. “I’ve never said no to any municipality when they’ve asked for Sheriff’s Department help.” A spokesperson for the county said that even with the job cuts, the budget proposals retains 300 unfilled positions, the Daily Memphian reports.

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

A former law student is suing the law firm of King & Spalding, alleging the firm discriminates against white heterosexual candidates for certain summer associate positions. In the complaint, the former student argues that the firm violated federal law by stating that it preferred non-white or non-heterosexual candidates for a diversity fellowship. The suit is the latest challenge to diversity hiring programs following a U.S. Supreme Court ruling striking down affirmative action on college campuses last year. Other firms targeted have included Winston & Strawn, Perkins Coie and Morrison Foerster. Bloomberg has more.

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

The claim period for franchise tax property measure refunds opened today, according to the Tennessee Department of Revenue. Taxpayers who paid the franchise tax on the property measure using Schedule G for tax years ending on or after March 31, 2020, for which a return was filed with the department on or after Jan. 1, 2021, are eligible for a refund. To obtain a refund, taxpayers must amend their franchise and excise tax returns for all eligible tax periods and file Schedule G. Both the amended returns and the refund claim form must be submitted by Nov. 30. Learn more in this press release from the department.


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