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Posted by: Stacey Shrader Joslin on Dec 23, 2024

Defendant, Jonathan Rogers Robertson, was convicted by jury of unlawful possession of a firearm after having been convicted of a felony crime of violence, unlawful possession of a firearm after having been convicted of a felony drug offense, and possession of drug paraphernalia. The trial court imposed an effective sentence of forty-five years. Defendant appeals, arguing that the evidence was insufficient to support his convictions because the State failed to establish that he possessed the firearm and drug paraphernalia. Upon review of the entire record, the briefs of the parties and the applicable law, we affirm the judgments of the trial court, but remand for merger of counts one and two and entry of corrected judgment forms. We affirm the trial court’s judgments in all other respects.

Posted by: Stacey Shrader Joslin on Dec 23, 2024

Petitioner, Osayamien Ogbeiwi, was convicted of first degree premeditated murder and was sentenced to life imprisonment. This court upheld Petitioner’s conviction on direct appeal. Petitioner subsequently filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel at trial and on appeal. Following a hearing, the post-conviction court denied the petition. On appeal, Petitioner maintains that his counsel was ineffective in (1) failing to challenge an expanded jury instruction on premeditation at trial and on appeal; (2) advising him to testify regarding self-defense and in failing to request a jury instruction on self-defense and in failing to challenge the lack of an instruction on appeal; and (3) failing to adequately challenge the admission of DNA evidence at trial and on appeal. Petitioner also maintains that he was denied due process due to the State’s failure to provide his capias in discovery during the post-conviction proceedings. Upon review, we affirm the judgment of the post-conviction court.

Posted by: Stacey Shrader Joslin on Dec 23, 2024

The Petitioner, Ashley Lenal Crowder, appeals the denial of her petition for post-conviction relief from her guilty-pleaded convictions for second degree murder, aggravated child neglect and attempted aggravated child neglect, arguing that she was denied the effective assistance of trial counsel and that her guilty pleas were unknowing and involuntary. Based on our review, we affirm the judgment of the post-conviction court denying the petition.

Posted by: Stacey Shrader Joslin on Dec 23, 2024

The Defendant, Ritika Arora, was charged in the Williamson County Circuit Court with driving under the influence (“DUI”), DUI per se, simple possession, and possession of drug paraphernalia and filed a motion to suppress the results of her blood alcohol test because the search warrant authorizing her blood draw did not expressly authorize chemical analysis of her blood sample. The trial court granted the motion, and the State filed this interlocutory appeal. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the order granting the motion to suppress should be reversed and that the case should be remanded to the trial court for further proceedings consistent with this opinion.

Posted by: Stacey Shrader Joslin on Dec 23, 2024

The Tennessee Supreme Court recently reinstated five lawyers who had been suspended on March 4, 2024, for failing to pay the state professional privilege tax. Pursuant to Supreme Court Rule 9, Section 26, attorneys who are deemed noncompliant for 90 days or more are summarily suspended. Those who since have complied with the rule are noted as reinstated. See the list of all lawyers suspended and reinstated for tax violations in 2024 or access all administrative suspensions dating back to 2005.

Posted by: Stacey Shrader Joslin on Dec 23, 2024

The Tennessee Supreme Court on Dec. 23 suspended 15 attorneys for failure to pay the annual registration fee; nine of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2024 — including 21 recently reinstated — or access all administrative suspensions dating back to 2005.

Posted by: Stacey Shrader Joslin on Dec 23, 2024

The Tennessee Supreme Court on Friday issued an opinion in Pharma Conference Education Inc. v. State rejecting the state’s argument that its contract with Pharma Inc. was not enforceable because the company’s promise to perform was “illusory.” The court instead held that Pharma’s promise to provide the University of Tennessee Health Science Center as many continuing education programs as feasible was a real obligation and therefore adequate consideration for the contract. The state had sought to terminate the agreement, but Pharma sued for breach of contract. Chief Justice Holly Kirby concurred in the majority decision but wrote separately to argue that depositions in the case could not be used to contradict the contract. Read more about the opinions from the Administrative Office of the Courts.

Posted by: Stacey Shrader Joslin on Dec 19, 2024

The Tennessee Supreme Court today issued conditional reinstatement for Virginia lawyer Daniel Lynn Withers on compliance with outstanding obligations with the Tennessee Commission on Continuing Legal Education. Withers filed a petition for reinstatement of his law license on Nov. 20. The court gave him until Feb. 1, 2025, to complete the required CLE hours or warned that it would dismiss the petition.

Posted by: Stacey Shrader Joslin on Dec 19, 2024

The Nashville Bar Association (NBA) recently held its annual meeting where new leaders were elected and a number of lawyers were honored with awards. Joseph Hubbard, a shareholder with Polsinelli, was named 2025 president of the association. Other officers named include First Vice President Marie Scott, Second Vice President Christen Blackburn, President-Elect Sherie Edwards, First Vice President-Elect Ben Raybin, 2nd Vice President-Elect Judge Ana Escobar, Secretary Deadrick Thaxton and Treasurer Jae Lim. The John C. Tune Public Service Award was presented to Donald Capparella with Dodson Parker Behm & Capparella. DarKenya Waller and Eric Osborne won the Nashville Bar Journal (NBJ) Best Article of the Year Award. The NBJ Contributor of the Year Award went to Victoria Gentry. Josh Burgener was presented with the CLE Excellence Award. President’s Awards also were presented to six. Read more about the event in a release and see photos here.

Posted by: Stacey Shrader Joslin on Dec 19, 2024

Community members gathered at the National Civil Rights Museum yesterday to discuss the results of a 17-month federal investigation into the Memphis Police Department, the Daily Memphian reports. Earlier this month, the Department of Justice released a report finding that that the Memphis Police Department and the city engage in a pattern or practice of conduct that violates the U.S. Constitution and federal law. Now community members want to see more officer accountability for policy violations, ability to give input on police policies and for officers to show citizens more empathy and respect. One attendee also spoke out against the city’s decision not to enter into a consent decree with the department. The city has said it wants to do in-depth review of the findings before making a decision about such an agreement.


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