TBA Today - Friday, September 13, 2024 - Your fastest source of appellate court decisions, Supreme Court rules and orders changes, attorney general opinions and other Tennessee legal community news.
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TBA Today
Friday, September 13, 2024
Today's News

State Board Tasked with Overseeing Inmate Discipline Takes Shape

A new Tennessee Inmate Disciplinary Oversight Board is taking shape two years after it was formed in the wake of the abduction and murder of Memphis school teacher Eliza Fletcher. The state legislature created the board in 2022 in response to the murder, alleged to have been committed by Cleotha Abston, who had been released from prison in 2020 after serving 19 years of a 24-year sentence for kidnapping and robbery. The board, modeled after the state's Board of Parole, will review sentence credits for good behavior and determine if credits should be revoked for infractions. Previously, each county reviewed these issues without state oversight. The nine-member board will be chaired by Vanessa Murtaugh, who previously was a prosecutor in the Shelby County District Attorney’s Office. According to the Daily Memphian, while some legislators see this as a step towards preventing similar tragedies, others question the board's $2 million annual cost and qualifications of its members.
 
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Hemp Growers Sue State Agriculture Department Over Emergency Rules

Hemp growers are suing the Tennessee Department of Agriculture over recently enacted emergency rules impacting hemp production and sales. According to WKRN, the growers argue that the department circumvented standard rule-making procedures by implementing the rules without public input. They also claim the rules violate state law and should be declared void. According to the station, the lawsuit highlights the department's failure to meet deadlines for rule-making and inconsistencies in enforcement timelines. The growers are seeking a court order to prevent enforcement of the emergency rules.
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New DOJ Guidelines Aim to Prevent Voter Suppression

The U.S. Department of Justice has issued new guidance to state election officials on managing voter registration rolls, emphasizing compliance with federal laws that prohibit discrimination and coercion. The Tennessean reports that the guidance comes after Tennessee Coordinator of Elections Mark Goins sent letters in July to 14,375 individuals, deemed "potential non-U.S. citizens," demanding proof of citizenship and threatening penalties for illegal voting. Last month, the American Civil Liberties Union (ACLU) stated its intention to sue the state if the "voter list maintenance program” was not dropped. Soon thereafter, the state said it would not remove any of the individuals from the voting rolls. The federal guidance warns that erroneously targeting voter groups, such as newly naturalized citizens, could violate the National Voter Registration Act. It also cautions against practices that may violate voter record keeping standards.
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Public Health Clinics Restart Teen Sexual Health Services

In a reversal of policy, the Tennessee Department of Health is now allowing public health clinics to provide birth control and sexually transmitted infection (STI) testing to unaccompanied teens, citing exceptions to a new state law requiring parental consent for most health care. According to the Tennessee Lookout, the department previously interpreted the law to include sexual health services. However, Tennessee law already allows minors 14 and older to access confidential disease testing and birth control without parental consent. The revised guidance applies only to sexual health services, and all other primary care still requires parental consent. Health advocates welcomed the change but some some lawmakers say there are still concerned about the broader impact and potential unintended consequences of the law, according to the Lookout.
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UT Law Welcomes New Faculty and Deans

The University of Tennessee College of Law has welcomed five new faculty members and appointed three associate deans. The new faculty members specialize in various legal areas, including health care law, environmental and energy law, legal writing and academic success, criminal law and procedure, and legal research and pedagogy, according to a press release. In a separate release, the school announced that Zack Buck will serve as associate dean for faculty development, Michael Higdon will serve as associate dean for academic affairs, and Briana Rosenbaum will serve as associate dean for diversity, inclusion and community engagement. "It was a banner recruiting year for us, and we are so fortunate to have attracted these outstanding teachers and scholars to further strengthen our faculty and expand the breadth of our academic offerings and scholarly expertise,” said Dean Lonnie T. Brown Jr.
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Prosecutor's Jury Service Leads to Questions of Ethics, Fairness

In July, Katie Hagan, a former Nashville assistant district attorney, was seated as a juror on a case prosecuted by her own office. That situation and subsequent discipline imposed on Hagan have raised a number of ethical questions, the Nashville Banner reports. In addition to serving on the jury, Hagan was selected as the foreperson and voted for a not-guilty verdict in the case. Following the trial, Hagan told the Banner that Davidson County District Attorney Glenn Funk reprimanded her for an alleged ethical breach, arguing that her participation presented an inherent conflict of interest and could undermine the defendant's right to a fair trial. Hagan, who had disclosed her professional connections during jury selection, believed she could remain impartial. Following the trial, she was reassigned to desk work and subsequently resigned. Funk's office cites an opinion from the Board of Professional Responsibility supporting the view that Hagan’s service violated professional conduct rules. Hagan says she was following office policy that employees “are expected to honor subpoenas for jury duty” and “serve rather than to seek to be excused or exempted.”
 
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Kagan Discusses Court's Emergency Docket, Ethics Code

U.S Supreme Court Justice Elena Kagan in an interview with a professor at New York University's law school, talks about the court's increasing reliance on its emergency docket, arguing that it hinders the justices' ability to provide thoughtful and thorough decisions. Reuters reports that Kagan also said the docket has become overcrowded, particularly in recent years, as both government and non-government parties have turned to the court for quick rulings. She expressed concerns about the potential for errors in decisions made without a full review of the facts and legal issues. Reuters also reports that during the interview Kagan advocated for enforcing the court's ethics code to improve public trust in the institution.
 
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Volunteers Needed for EDEW Clinic in Sevierville

The TBA Young Lawyers Division (YLD) is holding an Essential Documents for Essential Workers (EDEW) Clinic on Sept. 20 from 12-4 p.m. EDT at the Sevierville First United Methodist Church gym, 214 Cedar St. in Sevierville. This clinic is free to all first responders and their spouses. To volunteer contact YLD board member Amanda Howard.
 
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'How to Sue the Klan' Premieres at UTC Chattanooga

Civil rights attorney Ben Crump will premiere his documentary "How to Sue the Klan" at the University of Tennessee at Chattanooga on Sept. 17. According to Chattanoogan.com, the film chronicles a landmark legal victory by five Black women who sued the Ku Klux Klan in 1982 for violence and intimidation. A panel discussion featuring Crump and the film's director will follow the screening. The event is free and open to the public, but tickets are required.
 
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3rd Annual Raising the Bar Set for December

TBA's Women in the Profession Committee will host the 3rd Annual Raising the Bar program Dec. 4 in Nashville, offering attendees 5 CLE hours. The event will include breakfast, educational sessions and a networking reception. The program will be held at Baker Donelson, 1600 West End Ave., Nashville 37203. Watch for more details on speakers and topics coming soon to the TBA website.
 
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Put Your TBA UPS Account to Work

Have you enrolled in TBA’s UPS account for members? Visit UPS's TBA page and save up to 50% on UPS’s broad portfolio. Shipping services include next day air, international, ground and express.
 
Court Opinions

You can obtain full-text versions of these opinions by selecting the link below each opinion’s summary paragraph. Your email software should give you the option of reading the opinion online or downloading it to your computer or mobile device. Decisions from the 6th Circuit Court that are not designated for publication are not included in this report.

Court: TN Court of Appeals

Attorneys:

Carol A. Molloy, Fitchburg, Massachusetts, for the appellant, Rory Mills Sullivan.

Bryan M. Meredith and Jimmylee J. Hood, Memphis, Tennessee, for the appellee, Kenneth Lee, Trustee for the Tommy Ray Allen and Annemarie Culp Allen Revocable Trust.

Judge(s): GOLDIN

This appeal follows the dismissal of a proceeding brought in probate court. Because we cannot discern the basis for the trial court’s decision in the two orders that are at issue, we vacate both orders and remand for further proceedings consistent with this Opinion.

sullivanr_091324.pdf
 

Court: TN Court of Criminal Appeals

Attorneys:

Heather G. Parker (on appeal), Murfreesboro, Tennessee; and Eileen M. Parrish (at sentencing), Nashville, Tennessee, for the appellant, Brandon Francis.

Jonathan Skrmetti, Attorney General and Reporter; Benjamin A. Ball, Senior Assistant Attorney General; Jennings H. Jones, District Attorney General; and Sarah N. Davis, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GREENHOLTZ

The Defendant, Brandon Francis, pled guilty to the offenses of aggravated assault and possession of a handgun by a convicted felon. After a hearing, the trial court sentenced the Defendant to an effective sentence of ten years to be served in custody. On appeal, the Defendant challenges both the length of the sentence and the manner of its service. Upon our review, we respectfully affirm the judgments of the trial court.

francisb_091324.pdf

Court: TN Court of Criminal Appeals

Attorneys:

Anthony Tucker, Nashville, Tennessee, pro se.

Jonathan Skrmetti, Attorney General and Reporter; Johnny Cerisano, Assistant Attorney General; Jennings H. Jones, District Attorney General; and Hugh Ammerman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): AYERS

Petitioner, Anthony Tucker, appeals the denial of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

tuckera_091324.pdf
 

Questions, comments: Email us at TBAToday@tnbar.org

About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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