TBA Law Blog


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Posted by: Barry Kolar on Jun 23, 2020

The Tennessee Supreme Court earlier this month declined to take up an emergency request to consider suppressing evidence seized in the double killings and dismemberment of a West Knox County couple, WBIR News reports. Lawyers for Joel M. Guy Jr., 32, sought to appeal a Knox County judge's decision that would allow jurors to see key evidence, including a notebook and receipts for chemicals that could suggest Guy had been planning the killings before he drove up from Louisiana to spend the Thanksgiving holiday with Joel Guy Sr. and Lisa Guy.

Posted by: Stacey Shrader Joslin on Jun 15, 2020

The Tennessee Supreme Court today upheld the transfer of a West Tennessee assistant principal to a teaching position at another school. The court held that Stephen Geller, an assistant principal at Henry County High School, did not prove that his transfer violated the Tennessee’s Teacher Tenure Act. Geller was serving as assistant principal when a new principal was hired. The principal reassigned Geller to another school because he did not have an administrator license, which provides training in instructional leadership. Geller sued, arguing that he did not need the license because his duties did not involve more than 50% instructional leadership. The court found that the principal had a right to transfer Geller because he wanted all assistant principals to be teaching as much as possible with a new “priority on instructional leadership.”

Posted by: Stacey Shrader Joslin on Jun 12, 2020

The Tennessee Supreme Court today ordered a stay of execution for Byron Black until April 8, 2021, because of the COVID-19 pandemic, the Tennessean reports. Black’s execution had been scheduled for Oct. 8. Black was convicted of the 1988 murders of his girlfriend, Angela Clay, and her two daughters, Latoya and Lakeisha Clay in Nashville. Black's legal team filed a motion in April to stay the execution, saying the court and prison safety measures expected to continue into the summer would affect their ability to adequately prepare for hearings in advance of the execution date. A hearing to determine Black’s competency originally was set for mid-August. It will now be rescheduled for early next year.

Posted by: Stacey Shrader Joslin on Jun 12, 2020

The Tennessee Supreme Court has held that a plaintiff who alleged that a massage therapist sexually assaulted her during a massage did not have to present expert testimony to support her claim against the therapist’s employer for negligent training, supervision and retention. Expert testimony was not needed because laypersons relying on their common knowledge could determine whether the employer was negligent, the court stated. The court also upheld the firing of a fire fighter, finding that an employee can claim rights based on an employee handbook only when the handbook specifically states it is intended to be a contract. Both opinions were unanimous.

Posted by: Stacey Shrader Joslin on Jun 12, 2020

The Tennessee Supreme Court granted review to three cases on Monday. The Raybin Supreme Court Hot List looks at the cases, which include questions about the inevitable discovery doctrine, judgments of acquittal and the Prompt Pay Act. Read the Hot List’s analysis.

Posted by: Berkley Schwarz on Jun 5, 2020

The state Supreme Court issued an order recently to amend Tenn. S. Ct. Rule 8, RPC 1.15 by adopting a new RPC 1.15(f). The Tennessee Board of Professional Responsibility and the Tennessee Lawyers’ Fund for Client Protection filed the petition asking the court to make this change. The new RPC 1.15(f) instructs lawyers of the steps to take if they discover unidentified funds in an IOLTA account.

Posted by: Kate Prince on Jun 4, 2020

The Tennessee Supreme Court has declined to intervene in the legal battle over Gov. Bill Lee’s education savings account program and upheld an injunction that has put the program on hold, the Daily Memphian reports. Earlier last month, Davidson County Chancellor Anne Martin ruled that the program was unconstitutional and issued the injunction. The Appeals Court upheld that injunction and scheduled arguments to debate its constitutionality for Aug. 5. Attorney General Herbert Slatery asked the Supreme Court to step in and take the case since an Aug. 5 decision would come too late to meet the program’s rollout deadline. Lee’s proposed budget plan for 2021 reduced the voucher program by $22 million, but kept it intact. The program still contains $16 million to provide $7,300 in payments to around 2,000 students.

Posted by: Stacey Shrader Joslin on May 27, 2020

The Tennessee Supreme Court has approved a plan submitted by the Davidson County courts to begin holding in-person proceedings. Jury trials in the country will remain suspended until July 6. Those attending in-person proceedings in the historic county courthouse, the Justice A.A. Birch Building and the Davidson County Juvenile Court Building will be asked to wear masks. Security officers also will be using a touchless thermometer to read visitors' temperatures. Only 10 people, excluding court personnel, will be allowed in a courtroom but it is up to each judge to decide to allow friends and family in the room. The Tennessean has more specific guidance for each building. In related news, Nashville lawyer David Raybin writes in an op ed why there are good reasons to delay jury trials to July.

Posted by: Stacey Shrader Joslin on May 27, 2020

The Tennessee Supreme Court issued an order today to extend the state of emergency for the judicial branch and the Continuity of Operations Plan for courts in the state until further order. The order also modifies the court’s previous orders dealing with in-person proceedings at municipal, juvenile, general sessions, trial and appellate courts. Under the new rules, jury trials will remain suspended through July 3. Once trials begin, courtrooms must observe capacity and social distancing requirements and jurors must wear face masks. In addition, juries for civil cases will be limited to six individuals unless a 12-person jury is specifically requested.

The order also (1) lifts the moratorium on eviction proceedings on June 1 unless the property is subject to limitations in the CARES Act; (2) extends the expiration date of orders of protection and temporary injunctions to June 15; (3) allows judges’ and clerks’ office to limit in-person contact with the public but requires them to remain open; (4) encourages attorneys to utilize remote witnessing and notarization protocols; and (5) encourages court to continue conducting as much business as possible by telephone, teleconferencing, email, video conferencing or other means that do not involve in-person contact. Read more in a release from the court.

Posted by: Kate Prince on May 26, 2020

The Tennessee Supreme Court will hear five cases on Thursday. A livestream video conference will allow the justices to hear three of those cases and the last two will be submitted on briefs. Cases will begin at 9:30 a.m., 11 a.m. and 1:30 p.m. CDT and will be livestreamed to the TNCourts YouTube page. Read the details of all five cases on the Tennessee State Courts website.  


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