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Posted by: Stacey Shrader Joslin on Mar 19, 2025

Davidson County Sheriff Daron Hall recently announced changes in how county correctional facilities will handle legal mail sent to inmates. Hall says the change is necessary to protect against drug overdoses and related deaths. Several years ago, the process for personal mail was changed after finding that senders were soaking paper in a liquid form of opioids. Inmates then would lick or eat the paper to get the desired high. Now letters are scanned and inmates are provided an electronic version on tablets. At the time, processing of legal mail was left unchanged with letters being opened in front of the inmate. Now Hall says there is “direct knowledge” that envelopes and documents that appear to be legal mail are being used in the same way. Effective May 5, facilities no longer will provide the actual mail but, in the presence of the inmate, will make a photo copy and provide that version. Additionally, no legal mail will be allowed to go directly to inmates in court, at the courthouse or any other location. All mail from attorneys and court staff must be left in the Birch Building mailbox marked “DCSO Legal Mail,” or taken to the Downtown Detention Center or Correctional Development Center lobby.

Posted by: Tanja Trezise on Mar 19, 2025

Defendant, Bryant Donaldson, Jr, pled guilty to one count of especially aggravated sexual exploitation of a minor and six counts of aggravated statutory rape, with the trial court to determine the manner and length of sentence. After a sentencing hearing, the trial court imposed an effective twenty-three-year sentence. Defendant appeals, arguing that the trial court erred in admitting his psychosexual evaluation and a victim impact statement at sentencing and that the trial court misapplied enhancement factors. Upon our review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Mar 19, 2025

When Daniel Barillas failed to appear for a scheduled court appearance, the trial court entered a conditional forfeiture against Mr. Barillas and Bail U Out Bonding (“Bail U Out”). Bail U Out moved for exoneration of the bail bond, claiming that Mr. Barillas had been deported. Following a hearing, the trial court ordered forfeiture of the full amount of the bond. After a thorough review, we determine that the trial court did not abuse its discretion and affirm the judgment.

Posted by: Tanja Trezise on Mar 19, 2025

Property owners retained a licensed engineer to develop subdivision lots. As partial compensation for his services, the engineer agreed to accept a 6% share of the gross proceeds when the lots were sold. The agreement was to be binding on the property owners’ heirs and assigns. After both owners died, ownership of the remaining unsold lots passed to a daughter through probate. She sold some of the lots without payment of the engineer’s 6% share. The engineer sued the daughter for breach of contract and unjust enrichment. Among other things, the daughter argued that the engineer’s action was barred by the probate statutes. The trial court held that the engineer’s 6% share was secured by a statutory lien on the real property and its proceeds and that such lien was not subject to any affirmative defenses. After careful review, we reverse.

Posted by: Tanja Trezise on Mar 19, 2025

In this interlocutory appeal, the employee alleges he suffered injuries to his right upper arm and shoulder when he slipped while exiting a truck within the course and scope of his employment. The employee did not report the incident immediately after its occurrence because he had only been working for the employer a short period of time and he believed he had suffered a minor muscle pull that would resolve over time. Twenty-four days after the accident, the employee informed his employer he had suffered a work-related injury. Although the employer initially authorized medical care, it subsequently denied the claim based on its assertion that the employee had failed to give timely notice of the accident. Following a hearing, the trial court determined that although the employee did not timely notify the employer of the accident, he offered a reasonable excuse for that failure based on the employee’s “limited understanding of his condition” and the fact that he is a “poor historian.” It also determined that the employer was not prejudiced by the late notice. As a result, the trial court found the employee is likely to prevail at trial in proving the occurrence of a compensable accident and ordered the employer to authorize additional medical treatment and pay certain temporary disability benefits. The employer has appealed. Upon careful consideration of the record, we reverse the trial court’s order and remand the case.

Posted by: Stacey Shrader Joslin on Mar 19, 2025

The Vanderbilt University Law School’s AI Law Lab (VAILL) will hold a hacking event on April 12 to identify new solutions to the challenge of addressing the unmet legal needs of Americans. “Hacking Pro Bono: Innovating Legal Help with AI” will run from 9 a.m. to 6 p.m. CDT. Legal professionals of all backgrounds are invited to participate. Technical skills or knowledge of coding are not needed! Individuals or team members can register online. There is no charge for students and faculty. Others are asked to pay a nominal fee of $25 to cover food and materials. The AI Lab reports that more than 50% of legal problems in the country go unresolved. It is dedicated to finding ways through events such as this one to use technology to expand the reach and impact of pro bono legal services. Learn more.

Posted by: Stacey Shrader Joslin on Mar 19, 2025

The Knoxville Bar Association (KBA) will hold its annual Law Day Luncheon on April 30 from 11:30 a.m. to 1 p.m. EDT at the Crowne Plaza Knoxville, 401 W Summit Hill Dr. SW, Knoxville 37902. The event will showcase the work of the Knoxville Barristers, including presentation of the 2025 Law & Liberty Award and recognition of high school mock trial teams. Former Tennessee Gov. Lamar Alexander will provide the keynote address. Learn more and register online. This year’s Law Day theme — Out of Many, One — celebrates the constitution’s ability to bridge differences and unite Americans.

Posted by: Stacey Shrader Joslin on Mar 19, 2025

On March 12, the Tennessee Supreme Court dismissed a petition for discipline without prejudice against Hawkins County lawyer Terry Risner and struck a notice of submission filed by the board. The court reports that the Board of Professional Responsibility filed a notice to dismiss and withdrawal of notice of submission on March 11. The board had filed a petition for discipline with the court on July 31, 2024. Risner remains suspended based on a March 22, 2024, order.

Posted by: Stacey Shrader Joslin on Mar 19, 2025

The Tennessee House of Representatives on Monday passed HB0064/SB0472, which would require any educational institutions housing minors overnight to segregate restrooms, changing areas and showers “by immutable biological sex.” Bill sponsor Rep. Gino Bulso, R-Brentwood, told the Nashville Post that the bill aims to protect young girls in Tennessee. The bill passed 74-18 without debate after Leader William Lamberth, R-Portland, made a prevailing motion to put it to an immediate vote. Dahron Johnson, co-chair of the Tennessee Equality Project Nashville, told the Nashville Post that the group is concerned about the bill's vague language and potential for overreach. The Senate Education Committee passed its version of the bill last week. The full Senate is expected to consider the bill on March 20.

Posted by: Stacey Shrader Joslin on Mar 19, 2025

The TBA Intellectual Property Section will host its April installment of the IP webcast series on April 10 from 11 a.m. to noon CDT. The webcast will offer a comprehensive overview of the legal and business considerations surrounding influencer marketing, covering topics such as influencer classifications, FTC compliance requirements, influencer agreements and brand protection strategies. Real-world case studies will be used to illustrate common legal pitfalls such as liability for misleading endorsements and intellectual property infringement. Finally, the program will emphasize the importance of drafting clear contracts and monitoring protocols, and will provide practical drafting tips to mitigate reputational and regulatory risks. Intellectual Property Section members save on registration costs. Not a member? Join now!


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