TBA Law Blog


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Posted by: Azya Thornton on Aug 21, 2024
News Type: TBA CLE

Discover how artificial intelligence (AI) can revolutionize a trial practice at a webcast on Oct. 14 from noon to 1 p.m. CDT. The session will focus on practical AI tools that streamline tasks from pretrial preparation to courtroom presentations with the goal of enhancing efficiency, accuracy and overall effectiveness as a legal professional. Learn more and register here.

Posted by: Laura Labenberg on Aug 21, 2024
News Type: Election 2024

Dresden attorney Dale Hutcherson was sworn in as Weakley County mayor, the Dresden Enterprise reports. Hutcherson is a graduate of Rhodes College and Cecil C. Humphreys College of Law in Memphis. During his time in law school, Hutcherson served on the University of Memphis Law Review and founded the University of Memphis Sports and Entertainment Law Society. He is a member of the TBA Young Lawyers Division and the immediate past chair of TBA's Entertainment and Sports Law Section. He was sworn into office by General Sessions Judge Tommy Moore.

Posted by: Stacey Shrader Joslin on Aug 20, 2024
News Type: BPR Actions

The Tennessee Supreme Court has suspended the law license of Davidson County lawyer Mickie Smith Daugherty after finding that she failed to respond to the Board of Professional Responsibility about a complaint and posed a threat of substantial harm to the public. The court reported that the complaint alleged misappropriation of funds. Daugherty is immediately precluded from accepting any new cases and must cease representing existing clients by Sept. 19. The court also issued an order allowing documents in the case to be filed under seal.

Posted by: Julia Wilburn on Aug 20, 2024
News Type: Politics

State Reps. Gloria Johnson, Justin Jones and Justin Pearson are scheduled to speak on the main stage at the Democratic National Convention on Thursday, shortly before scheduled remarks from Vice President Kamala Harris, reports the Tennessean. Christened the "Tennessee Three" after state lawmakers expelled Jones and Pearson from the chamber during a gun control debate, the group will speak on gun violence in America. "Last year we were expelled for fighting for common sense gun laws, and the next day Vice President Kamala Harris came to Tennessee, sat in solidarity with us in our fight for democracy, in our fight to protect kids, not guns. That's why I'm here," Jones said.

Posted by: Julia Wilburn on Aug 20, 2024

The Memphis Bar Association’s (MBA) Access to Justice Committee is partnering with the MBA Young Lawyers Division, Councilwoman Jana Swearengen-Washington, Shelby County Circuit Court Clerk Jamita Swearengen and the Sigma Rho Lambda Chapter of Alpha Phi Alpha Fraternity Inc. to host a restoration of rights clinic on Sept. 7. The event will take place from 8:30 a.m. to 12:30 p.m. CDT. Location to be determined. Sign up to help here.

Posted by: Julia Wilburn on Aug 20, 2024
News Type: Legal News

A report compiled by the Major Cities Chiefs Association, a group for police leaders in America's most populous cities to discuss policing challenges, found that violent crime in Memphis is down compared to last year, as it is in many major cities around the country. The findings line up with the Memphis Police Department's own reporting of declining crime trends. The report includes preliminary data from 69 different U.S. cities compiled from the FBI's National Incident-Based Reporting System, which shows major violent crime in those cities had dropped just over 6%. The data tracks the first six months of the year, from Jan. 1 through June 30, and compares it to that same time frame in 2023. The Commercial Appeal has the story.

Posted by: Julia Wilburn on Aug 20, 2024

A new law took effect on July 1 that "requires, rather than authorizes" local law enforcement to report an individual’s immigration status to federal authorities when inputting individuals’ immigration status into databases shared with federal agencies. The Metro Nashville Police Department is opposed to the new measure, but others around the state may be less so, and given the broadness of the language, there could be considerable variation in how the measure is enforced, reports the Nashvile Banner. Chattanooga Sen. Todd Gardenhire, the only Republican to vote against the law, said he feared it could be interpreted to force school resource officers to report children to federal immigration officers.

Posted by: Julia Wilburn on Aug 20, 2024

Sen. Todd Gardenhire, R-Chattanooga, will appeal Chancellor I'Ashea Myles' ruling that the Covenant School shooter's writings are exempt from the Public Records Act and will not be released publicy. Gardenhire, who is chair of the Tennessee Senate’s Judiciary Committee, said he believes the records should be open to the public to help form policy as lawmakers consider gun-related legislation in response to the shooting, according to the Tennessee Lookout. “This case really boils down to the state law and how it affects the open records, at least in this particular courtroom. That’s why it’s so important to not set a bad precedent based on emotion and political influence in Davidson County,” Gardenhire said. “[I]f we’re going to craft legislation to help prevent these types of tragedies, we have to know what was going through the mind and motive of the person that did the shooting.”

Posted by: Julia Wilburn on Aug 20, 2024
News Type: Legal News

The U.S. Justice Department (DOJ) has opened an investigation into the conditions at Trousdale Turner Correctional Center, a Tennessee Department of Correction facility operated by the private correctional management company CoreCivic. Trousdale Turner, located approximately an hour outside of Nashville, is Tennessee’s largest correctional facility. After an extensive review of publicly available information, state audits that have flagged dangerous understaffing and safety concerns since Trousdale Turner first opened in 2016, and insights gathered from stakeholders, the department says it found significant justification to open an investigation. The investigation will examine whether Tennessee protects those incarcerated at Trousdale Turner from harm, including physical violence and sexual abuse. Read the press release from the DOJ.

Posted by: Julia Wilburn on Aug 20, 2024
News Type: Legal News

A federal judge has ruled that three Tennessee Department of Children's Services (DCS) employees can be held liable for their conduct after a traffic stop led to five small children being taken from their mother last year, reports the Tennessee Lookout. Bianca Clayborne in February filed a lawsuit alleging her constitutional rights and those of her children were violated following a misdemeanor traffic stop in February 2023. The ruling by U.S. District Judge Clifton Corker allows Clayborne’s attorneys to move forward with claims the DCS workers violated the family’s Fourth Amendment Constitutional protections against unlawful search and seizures, as well as claims of false arrest and false imprisonment under Tennessee law. The judge dismissed Clayborne’s separate claim that the actions of DCS employees, in seeking an emergency court order to remove the children, violated her constitutional guarantee to due process.


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