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Posted by: Stacey Shrader Joslin on Jun 16, 2022

SUTTON, Chief Judge. Kim Carroll claims that Arlene Barber submitted an invalid version of her brother Albert Barber’s will to an Ohio probate court. Roughly 20 years after the court probated the will, Carroll allegedly learned that Albert was her father. That prompted Carroll to file this lawsuit, claiming that she should have inherited Albert’s estate. The district court concluded that she lacked standing and that the probate exception to federal jurisdiction barred it from hearing her claims. We affirm for lack of standing.

Posted by: Stacey Shrader Joslin on Jun 16, 2022

JULIA SMITH GIBBONS, Circuit Judge. In 2008, Johnetta Carr entered an Alford plea to second degree manslaughter, pleading guilty but maintaining her innocence. Over a decade later, she was pardoned. Carr then sued Louisville-Jefferson County, the City of Louisville, and several police officers under 42 U.S.C. § 1983, alleging her conviction was the result of constitutional violations. The district court granted defendants’ motion to dismiss, finding Carr’s § 1983 claims were not cognizable under the Supreme Court’s precedent in Heck v. Humphrey, 512 U.S. 477 (1994). As Carr’s pardon satisfies the requirements of Heck, we reverse the district court and remand for Carr to pursue her claims.

Posted by: Stacey Shrader Joslin on Jun 16, 2022

MURPHY, Circuit Judge. Parties who fail to assert their rights during the litigation of a case sometimes seek to belatedly raise those rights in a collateral attack on the court’s judgment. This strategy usually does not end well—as Business Development Corporation of South Carolina (BDC) has come to learn. BDC held a mortgage on a home that had been damaged. The home’s owners sued their insurer in Ohio state court when the insurer denied coverage for the damage. They named BDC as a defendant because of its interest in the insurance proceeds. For reasons known only to BDC, it chose not to appear in the case. After the homeowners and insurer settled, the state court found that BDC had no right to the proceeds. When BDC learned of this result, it did not seek relief from the judgment in the state court. Rather, it filed this federal suit alleging that the insurer, its lawyers, and the homeowners’ lawyers all colluded to defraud it. The district court dismissed the suit under Ohio’s claim-preclusion law. Because BDC cannot meet the demanding test required to attack the state court’s judgment in this collateral fashion, we affirm.

Posted by: Stacey Shrader Joslin on Jun 16, 2022

Retiring Judge Wayne Shelton was recognized by the Montgomery County Commission for his 43 years of service on the Montgomery County Juvenile and General Sessions Court. He is currently the longest presiding General Sessions and Juvenile Court judge in the state, according to Main Street Clarksville. At Monday’s meeting, County Mayor Jim Durrett presented Shelton with a proclamation for his service. A graduate of Memphis State University School of Law,  Shelton served in the U.S. Army as an artillery officer before later being appointed to the court.

Posted by: Stacey Shrader Joslin on Jun 16, 2022

Robby Starbuck will run as a write-in candidate in the August Republican primary for the open 5th Congressional District, the Nashville Post reports. Starbuck (whose real last name is Newsom) was kicked off the Republican ballot by state party leaders, who determined he was not a “bona fide” Republican because he had not voted in three of the past four Republican primaries in Tennessee. Starbuck, a music video producer and conservative media personality, moved from California to Franklin in 2019. Multiple legal challenges to his exclusion came up short prior to his filing as a write-in candidate. Wednesday was the deadline to register as a write-in candidate for the Aug. 4 primary.

Posted by: Stacey Shrader Joslin on Jun 16, 2022

There are six Historically Black Colleges and Universities (HBCU) law schools in the U.S., established because Black students were denied access to law school, and each is struggling due to underfunding. “We carry the weight of diversifying the profession," Howard University School of Law Dean Danielle Holley-Walker told Law.com, adding, “In the last few years, there is a heightened look at diversity in this profession. HBCU deans are under a lot of focus and scrutiny because of who we’re training.” But because of the underfunding, there is the challenge of having enough people to do the work, Texas Southern University Thurgood Marshall School of Law Dean Joan R.M. Bullock said. 

Posted by: Stacey Shrader Joslin on Jun 16, 2022

The Tennessee Supreme Court censured Robertson County lawyer Travis Randall Duffer today for failure to complete a client’s case. The court found that Duffer left the employment of a law firm in December 2020 and took some clients with him. For three clients, Duffer failed to respond to requests for information and failed to complete the matters for which he was hired. The court also determined that Duffer falsely stated to the Board of Law Examiners that the representations had been “completed.” His actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 1.16, 8.1 and 8.4(d). The court also directed Duffer to refund his former client $900 within 90 days.

Posted by: Stacey Shrader Joslin on Jun 15, 2022

The first day of the 2022 Convention got underway today in downtown Nashville. The Tennessee Bar Association House of Delegates met for its quarterly meeting, while law students participated in programming designed specifically for them. Members of the Tennessee Lawyers Assistance Program board also met and all convention attendees gathered for a Welcome Reception where TBA President Sherie Edwards offered opening remarks. See pictures from the event. Tomorrow, the day begins with law school alumni breakfasts, followed by the Bench Bar Program and Luncheon, Legislative Update CLE and joint social event at the Assembly Food Hall. Online registration has closed but walk-up registration is still available pending space. The TBA registration desk will be open from 7 a.m. to 5 p.m. tomorrow. It is located on the Mezzanine level of the Downtown Nashville Hilton.

Posted by: Stacey Shrader Joslin on Jun 15, 2022

The Tennessee Supreme Court yesterday extended the deadline for comments on a proposal to change comity requirements to Aug. 19 for one filer: the Board of Law Examiners. For all other comments, the deadline remains July 25. The court said it approved the extension at the request of the board. The proposed rule change was submitted by The Network of Enlightened Women. It would amend Tennessee Supreme Court Rule 7, Section 5.01(c) to remove the requirement that lawyers maintain a full-time law practice or full-time law school teaching position. Comments should be submitted to James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Ave. North, Nashville, TN 37219-1407. Read the original petition.

Posted by: Stacey Shrader Joslin on Jun 15, 2022

The U.S. House of Representatives passed a Supreme Court security bill yesterday, sending it to President Joe Biden for his signature, Bloomberg Law reports. The vote on the bill was 396 to 27. The Senate passed the Supreme Court Police Parity Act in May. The measure would authorize police protection for families of Supreme Court justices and for staff of the court if the court’s marshal decides it is necessary. Today, U.S. Attorney General Merrick Garland said the Justice Department supports the legislation and the White House said the president would sign the bill into law, according to Reuters.


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