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Posted by: Stacey Shrader Joslin on Jun 24, 2025

The Petitioner, John Todd, filed an untimely petition for post-conviction relief claiming he received the ineffective assistance of counsel and that due process required the tolling of the statute of limitations because of his alleged mental incompetence. The post-conviction court summarily dismissed the petition, concluding the Petitioner had failed to present a prima facie case of mental incompetence to warrant an evidentiary hearing on the issue of due process tolling. The Petitioner appeals, claiming the post-conviction court erred in summarily dismissing the petition without an evidentiary hearing on the tolling issue because he presented a prima facie case of his mental incompetence. Following our review, we reverse the judgment of the post-conviction court and remand for an evidentiary hearing on the issue of whether the Petitioner is entitled to a tolling of the statute of limitations.

Posted by: Stacey Shrader Joslin on Jun 24, 2025

The Petitioner, Curtis D. Staggs, appeals from the summary dismissal of his petition for a writ of error coram nobis as time-barred by the applicable one-year statute of limitations. He contends that the coram nobis court should have held a hearing on his petition because the newly discovered evidence he intended to present would have established that he was innocent of the conviction offenses. After review, we affirm the judgment of the coram nobis court.

Posted by: Stacey Shrader Joslin on Jun 24, 2025

The Defendant, Barry McRae, appeals from the Blount County Circuit Court’s probation revocation of the effective eight-year sentence he received for his guilty-pleaded convictions for two counts of delivery of a Schedule II controlled substance. On appeal, he contends that the trial court abused its discretion by revoking his probation and ordering him to serve the remainder of his sentence in confinement. We affirm the judgment of the trial court.

Posted by: Stacey Shrader Joslin on Jun 24, 2025

This Tennessee Public Records Act (“TPRA”) dispute concerns emails and documents (the “Materials”) requested by Kathleen Marquardt (“Ms. Marquardt”) from the University of Tennessee at Knoxville (“UTK”). Ms. Marquardt argued that the Materials, which include emails pertaining to an article authored by a part-time UTK employee that was published in the Huffington Post, were public records because they were created as a part of the official business of the university in furtherance of its goal of becoming a top-25 university. Following an in camera review of the Materials by the trial court only and a show-cause hearing, the trial court ruled in UTK’s favor, holding that “the requested records do not meet the definition of the [TPRA] statute; that these records were made or received pursuant to law or ordinance, or in [connection] with the transaction of official business by any governmental entity.” Ms. Marquardt challenges this ruling as well as other rulings including the denial of her motion for “an attorney’s eyes only” review of the Materials and the denial of her discovery requests. We affirm.

Posted by: Stacey Shrader Joslin on Jun 24, 2025

In the first appeal of this parental termination case, we affirmed the trial court’s findings that three grounds for termination were sufficiently proven, but we vacated one ground and the trial court’s best interest determination due to insufficient findings in the termination order. On remand, the trial court entered an amended order containing additional findings. The mother appeals. We affirm the termination of parental rights.

Posted by: Stacey Shrader Joslin on Jun 20, 2025
Posted by: Stacey Shrader Joslin on Jun 20, 2025

The Tennessee Department of Revenue will host a free webinar on June 24 to discuss how to properly close a registered business. Failure to properly close a business with the department could result in an assessment for delinquent taxes, penalties and interest after the business has ceased operations. The session will discuss requirements and best practices regarding business ownership changes and closure. Register for the webinar or see all upcoming educational events from the department.

Posted by: Stacey Shrader Joslin on Jun 20, 2025

Mississippi lawyer Justin Wade Sweat was reinstated to the practice of law in Tennessee on June 11. He had been on inactive status since May 14, 2018. The Board of Professional Responsibility reported that his petition for reinstatement was satisfactory. The Tennessee Supreme Court issued the order on June 13.

Posted by: Stacey Shrader Joslin on Jun 20, 2025

TBA Young Lawyers Division (YLD) outgoing President Sean Aiello presented a number of awards at the group’s annual board dinner in Franklin. The President's Award was given to Nashville attorney Patrick Morrison for his work on developing the YLD CLE Exploration Series and as the division’s health and wellness coordinator. The Public Service Award was presented to Nashville attorney Ashley Tipton for her expansion of the high school mock trial program and to Nashville attorney Alix Rogers and Eighth Judicial District Criminal Court Judge Zack Walden for implementation of the YLD's first Rural Judicial Fellows Program. Six board members also were recognized with Star of the Quarter Awards. Read more about these recognitions. Law student members of the 2025 Diversity Leadership Institute class also attended the dinner and were recognized for completing the program. Earlier in the day, law student members of the Rural Judicial Fellows met with justices of the Tennessee Supreme Court. See photos from that gathering.

Posted by: Stacey Shrader Joslin on Jun 20, 2025

A news item in Wednesday’s issue of TBA Today about the Environmental Law Section’s 2025 Jon E. Hastings Memorial Award Writing Competition incorrectly identified the law school of one submission. Logan Hawkins attends the University of Memphis Cecil C. Humphreys School of Law.


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