The Defendant, Stephen Novatne, pled guilty to possessing methamphetamine in a drug- free zone and agreed to serve a sentence of eight years. He later filed a motion asking the trial court to resentence him in accordance with the 2020 amendments to the Drug-Free Zone Act. The trial court declined to do so, finding that resentencing was not in the interests of justice, and the Defendant appealed. Because the Defendant does not have an appeal as of right from a denial of resentencing under the Drug-Free Zone Act, we respectfully dismiss the appeal.

Nearly half of the people arrested this year in Nashville were already on bond or awaiting trial for other crimes, new data from Metro Police shows. The data shows that 40% of the more than 17,742 people arrested through the end of September were on bond for other offenses or in some pre-trial release status. The most recent, and perhaps most notable, case is the man accused of shooting Belmont University freshman Jillian Ludwig. He had been arrested this spring for aggravated assault but was found incompetent to stand trial. He was released after doctors determined he did not meet the state’s criteria for involuntary commitment. News Channel 5 reports on the numbers.

A new study by the U.S. Sentencing Commission reveals that in federal court, Black and Hispanic defendants are less likely than white defendants to receive probation instead of prison. The report also highlights that the main factor affecting differences in sentencing outcomes based on demographics is whether a judge decides to impose a prison sentence. It stresses that the crucial aspect is the choice of incarceration rather than the specific length of the prison term. The findings include updated research on sentencing disparities across demographic groups, which continued over the five years subsequent to the commission's frequently referenced 2017 Demographic Differences in Sentencing Report. Read more from KnoxNews.

The Tennessee Supreme Court has suspended 25 attorneys for failure to pay the annual registration fee; 14 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 2023 or access all administrative suspensions dating back to 2005.

The Defendant, Timothy Hutcherson, was convicted of second degree murder, attempted second degree murder, two counts of aggravated assault, two counts of possession of a firearm during the commission of a dangerous felony, and reckless endangerment and received an effective sentence of twenty-three years in confinement. On appeal, he contends that the evidence is insufficient to support his conviction of second degree murder, that the trial court erred by failing to suppress his statement to police, and that the trial court erred by allowing the jury to hear about his gang affiliation in violation of Tennessee Rule of Evidence 404(b). Based on our review, we affirm the judgments of the trial court but remand the case to the trial court for correction of the judgment in count nine.

The employee sustained a work-related injury to his right knee and received certain medical and temporary disability benefits. He was subsequently diagnosed with complex regional pain syndrome. The parties offered into evidence expert opinions of three physicians, including one physician selected from Tennessee’s Medical Impairment Rating Registry. In addition to the dispute regarding the degree of permanent medical impairment, the employee asserted that various provisions of Tennessee’s Workers’ Compensation Law violate both the state and federal constitutions. Following a compensation hearing, the trial court concluded the employee had not come forward with clear and convincing evidence to rebut the opinion of the physician selected from the Medical Impairment Rating Registry, and it awarded permanent disability benefits based on that rating as well as future medical benefits. The trial court declined to address the employee’s constitutional challenges, and the employee has appealed. We affirm the trial court’s compensation order and certify it as final.

TBA President Jim Barry announced during his installation at the June convention that the next installment of the TBA’s book club would be “Beale Street Dynasty: Sex, Song, and the Struggle for the Soul of Memphis.” Those who have not started reading the book should do so over the holidays! More information will be coming soon about a discussion session in January. Written by Preston Lauterbach, “Beale Street Dynasty” is set between Reconstruction and Prohibition and focuses on the rise and fall of Beale Street. It is told through the life of the south’s first Black millionaire, an ex-slave who built an underworld dynasty in the booming river town and created a space for Black culture to flourish. Get started reading or check out this book review that Knoxville lawyer Nick McCall wrote for the Tennessee Bar Journal in October 2016.

A fair housing, consumer law and conservatorship clinic sponsored by Memphis Area Legal Services (MALS) in partnership with The Hub will take place Wednesday from 1-3 p.m. CST. The clinic, which is held on the fourth Wednesday of the month, takes place at 590 Washington Ave., Memphis 38105. Sign up to volunteer here or contact Heather Staggs, 901-255-3421 with any questions.

SUTTON, Chief Judge. When the Internal Revenue Service levied tax penalties against Mann Construction and its owners under one of its regulations, technically a Notice, the taxpayers replied that the IRS violated the Administrative Procedure Act. In a prior opinion, we held that the Notice violated the APA. The IRS voluntarily refunded the penalties to the plaintiffs and agreed not to apply the Notice to the taxpayers in the future. Even so, the district court on remand proceeded to invalidate the regulation nationwide. Because the dispute is moot, we vacate the district court’s decision.

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows: The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal. Accordingly, it is ORDERED that the previous decision and judgment of this court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal. The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.