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Posted by: Azya Thornton on Mar 21, 2025

The family of a man who died in custody at the Hamilton County Jail after being arrested for allegedly shoplifting has filed a federal lawsuit against the sheriff's office and the county. Deward Johnson was arrested in March 2024 in connection with a shoplifting incident at a Chattanooga Walmart and was dead by 9:25 p.m. that same day, according to the Times Free Press. The lawsuit claims Johnson's death was preventable, alleging he was in medical distress but received inadequate medical care. The complaint states that Johnson tested positive for meth, amphetamines and fentanyl after his arrest, and no precautions were taken to monitor him for potential adverse drug reactions, reports Fox Chattanooga. The suit calls for remedial plans to ensure the Hamilton County Jail complies with constitutional standards and seeks damages for Johnson's family. The sheriff's office previously stated that all individuals admitted to the jail undergo a health screening and that medical staff is available 24 hours a day.

Posted by: Stacey Shrader Joslin on Mar 21, 2025

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a new structure for handling the appointment of attorneys in indigent cases. One question that has been raised is how the current regulatory structure will change if the plan is enacted. In a recent interview with TBA President Ed Lanquist Jr., AOC staff explained that Tennessee Supreme Court Rule 13 will be amended to create the “Office of Indigent Conflicts and Civil Counsel” and the “Indigent Representation Commission,” which will oversee the office, as well as set out the details for their operations. The office is expected to employ one statewide executive director and three attorneys — one in each grand division — to manage the assignment of cases. No changes will be made to statutory language that sets out the qualifications for receiving free counsel, but the plan will put in place safeguards to ensure determinations of indigency meet that criteria. Watch the full interview or learn more about the plan and indigent representation in Tennessee.

Posted by: Stacey Shrader Joslin on Mar 21, 2025

Future TBA Presidents Attend Bar Leadership Institute TBA’s President-elect Heidi Barcus, who will become president of the association in June, and Vice President Charlotte Knight Griffin, who will become president in June 2026, recently attended the ABA’s Bar Leadership Institute. Former TBA President Sherie Edwards, who is now president-elect of the Nashville Bar Association (NBA), also attended. They were accompanied by TBA Executive Director Sheree Wright and NBA Executive Director Jeanne Heaton. For more than 45 years, the three-day Bar Leadership Institute has brought together bar association leaders from across the country to help them prepare for their year in office. Through keynote addresses, breakout sessions and networking events, attendees have the opportunity to engage with leaders from across the country and hear from speakers on topics designed to enhance their bar leadership. Programming at this year’s institute included sessions on motivational leadership, best practices in governance and effective communications. Learn more about the event or see photos.

Posted by: Laura Labenberg on Mar 21, 2025

The Knoxville Barristers will be holding a cornhole tournament on April 16 at Yee-Haw Brewing Co. located at 745 N. Broadway in Knoxville from 5:30-7:30 p.m. EDT. Come enjoy the spring weather, great brews and healthy competition. Spectator registration is available too. Click here to register and for more information. 

Posted by: Azya Thornton on Mar 20, 2025

Attorneys from across the state gathered in Nashville on Wednesday for the TBA's third annual "Day on the Hill." The day kicked off with remarks from Senate Judiciary Committee Chair Sen. Todd Gardenhire, R-Chattanooga. Participants then met with more than 30 legislators to discuss issues impacting the legal profession and the practice of law, with a special emphasis on supporting the Administrative Office of the Court's plan for improving the state's indigent representation system. The day concluded with the TBA's annual Big Shrimp legislative reception, giving TBA leaders and members a chance to meet with legislators in a casual setting to continue conversations on topics important to the profession. Learn more about the state's current indigent representation system and see photos from the day

Posted by: Azya Thornton on Mar 20, 2025

Yoga, Mindfulness and Meditation for Legal Professionals will be held on April 18 from 9:30 a.m. to 2 p.m. CDT and offer attorneys evidence-based meditation and yoga techniques to reduce stress and improve professional performance. Designed specifically for legal professionals, the program will provide practical strategies to enhance focus, maintain composure in high-pressure situations, and cultivate a sustainable work-life balance. No prior experience in yoga or meditation is necessary. For more information and to register, visit TBA’s website.

Posted by: Stacey Shrader Joslin on Mar 20, 2025

Purdue Pharma's bankruptcy entered a new, possibly final phase this week when the bankrupt drugmaker filed a $7.4 billion plan to resolve thousands of lawsuits that alleged its OxyContin pain medication caused a widespread opioid addiction crisis. Reuters also reports on legal fees earned in the case. According to the news source, Purdue's lawyers at Davis Polk have received or requested more than a quarter of a billion dollars since the bankruptcy began in 2019.

Posted by: Azya Thornton on Mar 20, 2025

KETHLEDGE, Circuit Judge. On November 30, 2021, in Oxford, Michigan, a 15-year- old student took a gun to school and used it to shoot ten students and one teacher. Four students died. The shooter, whom we call E.C., pled guilty to first-degree murder and is now serving a life sentence. His parents are likewise in prison after juries convicted them of manslaughter. Meanwhile, victims of the shooting have brought multiple suits in state court, seeking recovery against school and law-enforcement officials on various theories of tort liability. Many of those suits remain pending. The consolidated cases here are different. What the plaintiffs assert here “is not a negligence claim, but one sounding in a rare species of one of the narrowest doctrines of constitutional law.” Doe v. Jackson Loc. Sch. Dist. Bd. of Educ., 954 F.3d 925, 937 (6th Cir. 2020). For the most part the Constitution sets forth rules for government, both creating (or “constituting”) its powers and limiting them. The limitation the plaintiffs invoke here is that of “due process.” And to proceed with those claims, the plaintiffs must allege more than that the school officials in these cases—a counselor and the dean of students—made bad decisions or could have done more to prevent this tragedy. What the plaintiffs must show in these cases, rather, is that the actions of these two defendants were so outrageous, and so callous in their disregard of the danger posed by E.C., as to shock the conscience. The district court held that, with one exception, the plaintiffs had not alleged facts supporting any inference to that effect. We reach that same conclusion across the board—and thus we affirm in part and reverse in part.

Posted by: Azya Thornton on Mar 20, 2025

After being convicted of several drug offenses, Charles R. Johnson, Petitioner, was sentenced to an effective thirty-year sentence. State v. Johnson, No. E2021-01106-CCA- R3-CD, 2023 WL 3535344, at *1 (Tenn. Crim. App. May 18, 2023), no perm. app. filed. Petitioner's direct appeal was unsuccessful. He sought post-conviction relief by filing a pro es petition ni which he argued that trial counsel was ineffective and that his due process rights were violated in various ways. The post-conviction court summarily dismissed the petition without appointment of counsel. On appeal, Petitioner argues that the post- conviction court improperly dismissed the petition. After a review, we affirm the post- conviction court's summary dismissal of Petitioner's standalone due process claims. However, we reverse and remand the post-conviction court's summary dismissal of Petitioner's claims of ineffective assistance of counsel without appointment of counsel or a hearing. Consequently, the judgment of the post-conviction court is affirmed in part, reversed in part, and remanded. On remand, the post-conviction court should appoint counsel for Petitioner, allow Petitioner to amend his pro se petition, and hold a hearing on the petition.

Posted by: Azya Thornton on Mar 20, 2025

The appellant, Ann Blankenship d/b/a Ann Blankenship Bonding, appeals her suspension from writing bonds in the Twenty-Fourth Judicial District due to her failure to comply with the applicable statutes. Based upon the record, the parties’ briefs, and oral argument, we affirm that decision of the trial court.


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