The TBA website, member database and discussion forums will be unavailable this Saturday night beginning at 9 p.m. CDT for required maintenance. The site is expected to be operational by 3 a.m., but no later than 6 a.m., CDT on Sunday. Any messages sent to TBA Talk or Section Talk forums will be queued and sent once the maintenance work is done. Please let us know if you have any questions or concerns.

Save the date for the annual Animal Law Forum, set for Oct. 4 at the Nashville Zoo. This unique CLE will provide updates on trends and advancements in animal law while allowing participants to network with each other and enjoy all the zoo has to offer. Topics at this year’s forum include a legislative update, veterinarians and animal cruelty, pet trusts, pet liability and attorney wellness. Zoo admission, breakfast and lunch are included with the program. Do not miss this event; you never know who is going to show up!

About 40 law students from Belmont University College of Law met with leaders of the TBA Young Lawyers Division (YLD) today. YLD Board members Ginny Blake, Grace Benitone Burnett, Billy Leslie, Alix Rogers and Ross Smith participated in a lively panel to discuss the many benefits of getting involved with the TBA. Membership, which is free to law students, provides access to continuing legal education, opportunities to network and savings on school supplies and insurance. The lawyers encouraged students to volunteer at clinics to help others, attend CLEs to increase their professional knowledge, and apply for the 2025 Diversity Leadership Institute (DLI), a six-month leadership and mentoring program. See photos from the event.

The Petitioner, Radames Antonio Rivera, appeals the denial of his petition for post- conviction relief from his second degree murder conviction, arguing that his trial counsel provided ineffective assistance by failing to strike two jurors who had prior connections with the parties and by failing to effectively cross-examine a principal State witness. Based on our review, we affirm the judgment of the post-conviction court denying the petition.

The Defendant, Taeshaun K. Patterson, was convicted by a Rutherford County Circuit Court jury of first degree felony murder, second degree murder, a Class A felony, facilitation of conspiracy to commit aggravated robbery, a Class D felony, facilitation to commit aggravated robbery, a Class C felony, and robbery in concert with two or more persons, a Class B felony. See T.C.A. §§ 39-13-202 (2018) (subsequently amended) (first degree murder), 39-13-210 (2018) (second degree murder), 39-11-403 (2018) (facilitation), 39-12-103 (2018) (criminal conspiracy), 39-13-402 (2018) (aggravated robbery), 39-13- 401 (2018) (robbery), 39-12-302 (2018) (sentencing classification for acting in concert). The Defendant was sentenced to life imprisonment. On appeal, he contends that (1) the evidence is insufficient to support his convictions and (2) the trial court should have held a sentencing hearing for the first degree murder conviction. We affirm the judgments of the trial court. However, in light of State v. Booker, 656 S.W.3d 49 (Tenn. 2022), we remand for the entry of an amended first degree felony murder judgment form to reflect in the special conditions section that the Defendant is entitled to an individualized parole hearing after serving between twenty-five and thirty-six years of his life sentence.

Plaintiff insurance company is the insurance carrier for an insurance agency that was sued for negligence in five Tennessee lawsuits. After the underlying lawsuits were settled, the plaintiff, in its own name and on behalf of its insured, sued the law firm that represented the insured in the lawsuits. The plaintiff asserted a direct legal malpractice claim, a legal malpractice claim as subrogee of the insured, and a negligent misrepresentation claim. The trial court dismissed all claims. In particular, the trial court ruled that the plaintiff could not maintain a direct legal malpractice claim against the law firm due to the lack of attorney- client relationship and that the assignment of legal malpractice claims is prohibited in Tennessee. In the alternative, the trial court ruled that the plaintiff could not establish the damages element of its legal malpractice claims. The trial court further ruled that the plaintiff failed to establish a misrepresentation of existing or past fact. We affirm the trial court’s dismissal of the plaintiff’s direct legal malpractice action. As to the remainder of the trial court’s rulings, however, we reverse.

A recent revision to Tennessee's school library law, passed in 2023, has led to the removal of more than 1,100 books across the state, according to a survey by the Tennessee Association of School Librarians. The Tennessee Lookout reports that the law requires periodic reviews of catalogs to ensure materials are appropriate for the ages and maturity levels of the students who can access them. It also broadened the definition of what school library materials are prohibited. Kathy Sinback, executive director of the ACLU of Tennessee, suggests that the law is vulnerable to a legal challenge, alleging it is vague and applied unevenly across the state. While some school districts have removed books proactively, others are using a more deliberate review process. Sen. Joey Hensley, R-Hohenwald, a sponsor of the law said its intent is "simply to ensure public schools do not give children access to materials that are not appropriate for their ages.”

The Hamilton County Jail has launched a new electrical vocational program in partnership with Chattanooga State Community College, aiming to reduce recidivism by providing inmates with job training. Participants in the eight-week program will receive instruction mirroring Chattanooga State's courses and earn college credit applicable towards vocational programs, according to the Chattanooga Times Free Press. Hamilton County Mayor Weston Wamp said funding for reentry programs comes from opioid abatement dollars. Organizers believe the initiative can offer inmates a pathway to employment outside the criminal justice system.

Kimberly Lund was sworn in as chancellor of the newly created 19th Judicial District Chancery Court, which covers Montgomery and Robertson counties, last week. She will share the workload of the court, which covers Montgomery and Robertson counties, with Chancellor Ben Dean. Appointed by Gov. Bill Lee, Lund previously served as an assistant district attorney in the district for nearly two decades. Lund earned her bachelor's degree from the University of Kentucky and her law degree from Michigan State University. Smokey Barn News has more on the story.

U.S. Attorney Kevin Ritz announced his resignation today, effective immediately. Ritz, who has served as the U.S. attorney for the Western District of Tennessee since 2022, was confirmed by the U.S. Senate this week to the 6th U.S. Circuit Court of Appeals. In announcing his resignation, Ritz said, "It has been such a tremendous honor to serve our country in the U.S. Attorney’s Office for 19 years — and to lead the office for the last two years. I’m especially lucky to have served as an Assistant United States Attorney and as United States Attorney in my hometown of Memphis. I am immensely proud to say that the United States is the only client I have ever had.” Read more in a press release from the office.