TBA Law Blog


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Posted by: Julia Wilburn on Jul 25, 2025
News Type: Legal News

U.S. District Judge Leo Sorokin in Massachusetts today issued a nationwide injunction blocking the Trump administration's attempt to end birthright citizenship for children born in the U.S. to undocumented or temporary immigrants, marking the third such ruling since a recent Supreme Court decision limited nationwide injunctions. Reuters reports that the judge ruled the executive order unconstitutional and rejected arguments for a narrower injunction, citing the burden it would place on states and the lack of clarity from the administration. The issue is expected to be taken up by the U.S. Supreme Court, but for now, the order remains blocked nationwide.

Posted by: Julia Wilburn on Jul 25, 2025
News Type: Legal News

The Nashville Bar Association (NBA) on Wednesday released the results of a member poll for applicants being considered to fill the 20th Judicial District, Davidson County, Criminal Court Vacancy that was created by the retirement of Judge Cheryl A. Blackburn. Members were given the names of applicants who are being considered for the position as of July 14, through an online survey ballot, and 289 responses were received by the deadline of July 22. All attorney bar members are polled, and the results are reported as raw ballot results with no attempt to extrapolate results. Download the poll results here.

Posted by: Azya Thornton on Jul 25, 2025
News Type: Legal News

The TBA hosted its 2025 Elder Law Forum at the Belmont University College of Law’s Randall & Sadie Baskin Center in Nashville. The annual event, designed for attorneys practicing in senior-focused areas of law, featured sessions on topics such as undue influence, Medicaid/TennCare, annuities, VA benefits, ethics, and law firm management. Attendees had the opportunity to earn CLE credit, connect with colleagues, and hear from a range of speakers including Drew Clements, Barbara McGinnis, Amy Bryant, Joshua Bey and others. Thank you to lunch sponsor Krause Financial, break sponsor Vista Points Special Needs Trust, event partners McKinney-Green Insurance and Southeastern Trust Company, and event supporter Cumberland Trust. See photos from the day

Posted by: Azya Thornton on Jul 25, 2025
News Type: Politics

A special election will be held in Tennessee in December to fill the vacancy left by Republican U.S. Representative Mark Green’s retirement. State officials announced Thursday that the primary election will take place Oct. 7, with the general election set for Dec. 2 in the 7th Congressional District, The Associated Press reports. Green, who served as chairman of the House Homeland Security Committee, resigned July 20. The race already includes contested primaries for both the Democratic and Republican parties.

Posted by: Azya Thornton on Jul 25, 2025
News Type: Legal News

More than 350 detainees are being held in the intake room of the Shelby County Jail, far exceeding the space and seating available, the Commercial Appeal reports. The number was cited in a spreadsheet shared within the Shelby County criminal justice system and provided to the newspaper by the bail reform nonprofit Just City. As of July 23, the spreadsheet listed a total of 2,908 inmates at the jail, including those in the intake area but excluding those held outside 201 Poplar, such as at the Shelby County Division of Corrections and the Youth Justice and Education Center. The jail’s certified capacity is 2,400 inmates, Chief Deputy Sheriff Anthony Buckner previously told the news outlet. However, he said the facility can accommodate an additional 400 inmates using “uncertified beds.” For months, according to the Shelby County Sheriff's Office (SCSO) jail report card, the inmate population has fluctuated between 2,500 and 2,800. SCSO added that the Memphis Police Department is “booking more people into the jail and many are charged with violent felonies.” The office also pointed to the closing of a criminal court division as a reason for slower case resolution.

Posted by: Azya Thornton on Jul 25, 2025
News Type: Legal News

The Daily Memphian filed a motion in federal court Wednesday to unseal records that have remained hidden since U.S. District Judge Mark Norris, who presided over the Tyre Nichols case from its inception, recused himself from multiple related cases. His order did not state the reason for his recusal, and he has not publicly addressed the matter or responded to inquiries about it, the news outlet reports. Since the recusal, nearly all new filings in the case have been submitted under seal. The paper is seeking to access to those documents “solely for the purpose of protecting the public’s common law and First Amendment right of access to criminal proceedings,” the motion states. The outlet’s initial attempt to intervene in the case was rejected by the court. On Wednesday afternoon, the clerk’s office opened a new case with the outlet’s filing. U.S. District Judge Sheryl Lipman discussed the motion Thursday, saying it is one of three issues she expects to rule on by mid-September. The judge also set sentencing hearings for the week of Dec. 15 for the five former Memphis police officers charged in Nichols' death, according to the Associated Press. The men originally were set to be sentenced in June, but the date was postponed after Norris' recusal.

Posted by: Azya Thornton on Jul 25, 2025
News Type: Legal News

Tennessee prison officials are appealing a judge’s order requiring them to deactivate the defibrillator in Byron Black’s chest before they execute him on Aug. 5. The case will go straight to the Tennessee Supreme Court, which has asked Black’s attorneys to file their arguments by the end of this week. Tennessee Department of Correction officials told Davidson County Chancellor Russell Perkins earlier this week that they were unable to comply with his original order because they could not find a medical professional who would deactivate the device moments before the execution. The device will be deactivated at Nashville General Hospital the morning of the execution. Perkins modified his order to allow that procedure, but now the state is asking the state Supreme Court to allow them to execute Black without deactivating the device at all. Black’s attorneys have told the court that by design, the device will repeatedly shock Black during his lethal injection in an attempt to restore his heart’s normal rhythm. Read more in the Nashville Banner newsletter.

Posted by: Azya Thornton on Jul 25, 2025
News Type: Passages

Clifford Dwight Hawks of Humboldt died May 5. Hawks earned his law degree in 1966 from the University of Memphis (then Memphis State) Cecil C. Humphreys School of Law. He was a member of the Gibson County and Tennessee Bar Associations, a Master of the Bench member of the Lowell Edmunds Jackson American Inn of Court and a fellow of the Tennessee Bar Foundation. He served on the staff of the Memphis State Law Review from 1965 to 1966. He served as city judge for Humboldt and later as city attorney until 2014. Funeral services were held May 10 at The Church at Sugar Creek. Memorials may be made to The Church at Sugar Creek, 3400 E. Mitchell St., Humboldt, TN 38343.

Posted by: Azya Thornton on Jul 25, 2025
News Type: TBA CLE

The TBA will present “Legislative Update 2025” on July 29 from noon to 1 p.m. CDT. The webcast will feature TBA Government Affairs team members Ashley Harbin and Brad Lampley of Adams and Reese LLP, along with Berkley Schwarz of Pier Strategies LLC. The panel will provide an overview of key legislation from the most recent session of the Tennessee General Assembly and its impact on Tennessee lawyers. For more information, visit the TBA website

Posted by: Stacey Shrader Joslin on Jul 24, 2025
News Type: BPR Actions

DeKalb County lawyer Robert Andrew Free received a public censure from the Tennessee Supreme Court on July 24. The court found that he violated Rules of Professional Conduct 1.3, 1.4, 1.15 and 1.16 while representing a client in immigration court. Free agreed to assist the client in the filing of a U visa but failed to clearly communicate or document that agreement. That left the client with the inaccurate impression that Free was providing the service. The court also found that Free failed to file the appropriate paperwork, failed to communicate with the client throughout the representation, and either lost or misplaced the client’s file. He was never able to provide her with a copy of her file.


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