Michael Wayne Davis (“the Petitioner”) appeals from the dismissal of his untimely filed petition for post-conviction relief. The Petitioner argues that principles of due process require tolling the statute of limitations to file his petition. Because the record does not justify tolling the statute of limitations, we affirm the judgment of the post-conviction court.

The Defendant-Appellant, Kevin Butler, was convicted by a Rutherford County jury of aggravated robbery and sentenced as a Range II, multiple offender to fourteen years in the Tennessee Department of Correction. The sole issue presented for our review is whether the trial court erred in allowing the State to engage in prosecutorial misconduct during closing argument. Upon review, it is necessary to remand this matter for entry of an amended judgment which reflects the sentence as stated in the trial court?s order denying the motion for new trial.

The Nashville Post shares photos from the annual Tennessee Supreme Court Historical Society reception held last month at the Nashville Supreme Court building. The event also celebrated the opening of two new Tennessee Judiciary Museum alcoves dedicated to the roles of women and African-Americans in Tennessee’s legal history.

Steve Cook, assistant U.S. attorney for the Eastern District of Tennessee, said 256 East Tennessee defendants behind bars as armed career criminals could have their sentences reduced by a recent decision of the U.S. Supreme Court. The court in June struck down a section of the federal Armed Career Criminal Act, which boosts penalties for criminals caught with guns who already have three convictions for either serious drug offenses or certain crimes. The decision means inmates who have already served a decade will go free, according to the Knoxville News Sentinel. 

Donald Trump has asked U.S. District Judge Gonzalo Curiel not to allow a plaintiff to remove herself from a class action lawsuit filed by former Trump University customers. Trump also hinted that he may ask Curiel to remove himself because Trump claims the judge has been “hostile” towards him. The suit was filed in April 2010 and claimed Trump University, which charged thousands of dollars to help customers learn how to achieve in the real estate world, was a scam. The plaintiff claims she has suffered health problems and financial troubles since the case began. Read more from the ABA Journal.

Waller partner Marcus Crider focused on the importance of training when speaking with a state legislative panel tasked with creating a new sexual harassment policy. Crider, who works with companies on developing and implementing such policies, spoke at the panel’s second meeting. The Tennessean reports that the panel did not mention Rep. Jeremy Durham, R-Franklin, by name during the meeting, but there were a few references to his reported inappropriate behavior.

The Daily News Journal profiles Murfreesboro’s Veterans Court, which opened in November under the guidance of Tray King, Veteran Court coordinator, and General Sessions Judge Ben Hall McFarlin, who is a veteran. The men answer questions about eligibility, the cost of the program and the importance of the court to the public and within the court system.

A 12-year-old Virginia girl is facing criminal charges after making threats against her middle school using emojis in an Instagram post. The case may force authorities to determine exactly what emojis – cartoonish symbols depicting emotions and items – mean, The Washington Post reports. The article details other recent cases where the use of emojis and emoticons in criminal proceedings has been debated.

The Tort and Insurance Forum, a one-day seminar, is planned for March 17 at the Tennessee Bar Center in Nashville. Topics include best practices in federal trial prep, pre-trial advocacy tips and Medicare reimbursement. The forum, scheduled from 8:30 a.m. – 4:30 p.m., provides 6.5 CLE credits and lunch will be provided. Tort and Insurance Law Section members are eligible for a discounted price.

In August 2013, Roscoe Graham (“the Petitioner”) was convicted of aggravated sexual battery and sentenced to ten years? incarceration. Thereafter, he filed a petition for post- conviction relief, which was denied after a hearing. On appeal, the Petitioner contends that trial counsel rendered ineffective assistance by: (1) failing to assert a viable defense; (2) coercing the Petitioner to waive filing of a motion for new trial and direct appeal; and (3) operating under an actual conflict of interest. Upon review, we affirm the judgment of the post-conviction court.