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Posted by: Amelia Ferrell Knisely on Jan 21, 2016

A lawsuit filed today by former state Sen. David Fowler on behalf of five Williamson County residents questions whether Tennessee law relative to the licensing of marriages is valid and enforceable following the U.S. Supreme Court ruling in Obergefell vs. Hodges. At a Capitol press conference, Fowler asked, "How does anyone, regardless of the sexes of the parties, get a valid marriage license pursuant to an invalid law?" The lawsuit names Williamson County Clerk Elaine Anderson as the defendant and asks her to stop issuing marriage licenses until the lawsuit is resolved, The Tennessean reports. The lawsuit comes one day after the House Civil Justice subcommittee killed the Tennessee Natural Marriage Defense Act

Posted by: Amelia Ferrell Knisely on Jan 21, 2016

This is a breach of contract action in which the plaintiff filed suit after the practice refused to honor the buyout provision in the partnership agreement. The practice filed a counter-complaint, arguing that the plaintiff was liable for his share of the partnership?s outstanding financial obligations. Following a bench trial, the court ordered the practice to remit payment. The practice appeals. We affirm.

Posted by: Amelia Ferrell Knisely on Jan 21, 2016

The Petitioner, Matthew B. Foley, appeals as of right from the Rutherford County Circuit Court‘s summary dismissal of his petition for post-conviction relief as untimely. He asserts that the statute of limitations should be tolled because he did not learn until well after its expiration that the State sought to enforce the provisions of the sexual offender registration act against him contrary to the terms of his plea agreement. Following our review, we reverse the judgment of the post-conviction court and remand the case for an evidentiary hearing.

Posted by: Amelia Ferrell Knisely on Jan 21, 2016

The Defendant, Abdujuan M. Napper, appeals the Montgomery County Circuit Court?s order revoking his probation in case numbers 41100355 and 41100356 for his convictions for possession of marijuana, possession of drug paraphernalia, and misdemeanor vandalism and ordering him to serve the remainder of his effective sentence of three years, eleven months, and twenty-nine days in confinement. The Defendant also appeals the trial court?s sentencing determinations in related case numbers 41200773 and 41200884.

Posted by: Amelia Ferrell Knisely on Jan 21, 2016

Aaron Zachary Wade, son of former Tennessee Supreme Court Justice Gary R. Wade, was found safe last night in West Virginia after being reported missing earlier that day. The Knoxville News Sentinel reports the Tennessee Bureau of Investigation and Sevierville Police Department led the search effort. "Without their help, there was no way we could have determined what (Zack’s) fate was," Wade said.

Posted by: Amelia Ferrell Knisely on Jan 21, 2016

Hamilton County Juvenile Court Judge Rob Philyaw denied motions to dismiss the charges against two Ooltewah High School coaches and the school’s athletic director, The Times Free Press reports. The three men were charged last week for failing to report abuse during a basketball team trip. However, Philyaw noted that the statutes regarding mandatory reporting of abuse are not clearly written and need to be updated. "The statute doesn't say telling the doctor is good enough," Philyaw said. A preliminary hearing is scheduled for the three men on Feb. 15.

Posted by: Amelia Ferrell Knisely on Jan 21, 2016

No criminal charges are being filed against a Marion County deputy clerk who took more than $36,000 over a five-year period doing background checks for private companies on taxpayer time. An audit revealed that the clerk, who worked in the Circuit and General Sessions Court Clerk's office, was paid $3 per name listed on each background report request. Read more from the Times Free Press.

Posted by: Amelia Ferrell Knisely on Jan 21, 2016

Volunteer attorneys, probation officers and others are making it possible for veterans to participate in the newly formed General Sessions Veteran’s Treatment Court in Williamson County. VTC is a one to two-year program for non-violent felony and misdemeanor offenses, the Williamson Herald reports. The court is paid for by criminal court fees and through benefits veterans have earned from their military service. "This program can work in any county because it doesn’t rely on money, it relies on time,” Judge Tom Taylor said.

Posted by: Amelia Ferrell Knisely on Jan 20, 2016

Plaintiff who was injured in a motor vehicle accident timely filed suit against the driver and the owner of the truck with which he collided. More than a year after the accident and seven months after suit was filed, Plaintiff amended the complaint to assert causes of action against additional parties. Upon motion, the court dismissed the claims against the additional defendants on the basis of the statute of limitations.

Posted by: Amelia Ferrell Knisely on Jan 20, 2016

The Petitioner, Grico Clark, appeals as of right from the Madison County Circuit Court’s dismissal of his petition for post-conviction relief.


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