Remembering Former Chief Justice Drowota

Former Tennessee Supreme Court Justice Frank Drowota, III, passed away on April 15, 2018, at the age of 79. Justice Drowota served on the Tennessee Supreme Court for 25 years.

Justice Drowota was recognized at the 2006 TJLP Symposium following his retirement. A transcript of the tribute to Justice Drowota, a transcript of Justice Drowota’s response, and an article tribute to his career were published in Volume 3, Issue 1, beginning on page 80.

 

Cited in Masterpiece Cakeshop Amicus Brief

A forthcoming publication was cited twice in an amicus brief for Masterpiece Cakeshop v. Colorado Civil Rights Commission before the Supreme Court. The Case for Complicity-Based Religious Accommodations by Joshua J. Craddock (forthcoming Winter 2018) was cited in the amicus brief of American College of Pediatricians, American Association of Pro-Life Obstetricians and Gynecologists, Christian Medical and Dental Association, and the Christian Pharmacists Fellowship International.

Cited by Tenn. Court of Criminal Appeals

In Burglary at Wal-Mart: Innovative Prosecutions of Banned Shoplifters under Tenn. Code Ann. § 39-14-402, Jonathan Harwell analyzes the legislative history of Tennessee’s burglary statute and concludes that the drafters of the statute never intended for burglary, which is a felony, to encompass shoplifting at public places, such as Wal-Mart. Jonathan Harwell, Burglary at Wal-Mart: Innovative Prosecutions of Banned Shoplifters under Tenn. Code Ann. § 39-14-402, 11 Tenn. J.L & Pol’y 81 (Fall 2016).

In an August 2017 decision, the Tennessee Court of Criminal Appeals quoted several pages of Harwell’s article and adopted his conclusion. State v. Jensen, No. M2016-01553-CCA-R10-CD, 2017 WL 3671093 (Tenn. Crim. App. Aug. 25, 2017).

The case has drawn significant media attention, and the State is presently considering whether to appeal the decision to the Tennessee Supreme Court.