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Posted by: Amelia Ferrell Knisely on Mar 15, 2016

The petitioner, Huston Foley Lloyd, Jr., appeals the summary dismissal of his petition for post-conviction relief, and the State concedes that summary dismissal was improper. Because the petitioner stated a colorable claim for post-conviction relief, the post- conviction court erred by summarily dismissing the petition. Accordingly, the judgment of the post-conviction court is reversed, and the case is remanded for an evidentiary hearing on the petitioner’s claims.

Posted by: Amelia Ferrell Knisely on Mar 15, 2016

The petitioner, Ann Dodd, appeals the Williamson County Criminal Court?s denial of her petition to expunge the record of her 2009 Williamson County General Sessions Court guilty-pleaded conviction of simple possession of cocaine. Because we conclude that the petitioner failed to satisfy the requirements of Tennessee Code Annotated section 40-32- 101(g), we affirm the trial court?s order.

Posted by: Amelia Ferrell Knisely on Mar 15, 2016

The appellant, Brenda Haynes Jackson Claughton, pled guilty in the Dickson County Circuit Court to two counts of felony theft and received concurrent, four-year sentences to be served on supervised probation. The trial court also ordered that she pay $36,000 restitution. On appeal, the appellant argues that the trial court abused its discretion by revoking probation for her failure to pay restitution when the evidence shows that she had no ability to pay it. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.

Posted by: Amelia Ferrell Knisely on Mar 15, 2016

The defendant, Ricky Flamingo Brown, appeals the summary dismissal of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence. Because the grounds for relief raised by the defendant have been previously determined and because the defendant failed to state cognizable grounds for relief under Rule 36.1, the interests of justice do not require the waiver of the timely filing of the notice of appeal in this case. Accordingly, the appeal is dismissed.

Posted by: Amelia Ferrell Knisely on Mar 15, 2016

Automobile insurance company brought action to recover from the defendant payments made under the policy to its insured and her passenger for personal injuries and property damage resulting from an automobile accident between the insured and the uninsured Defendant’s daughter. Judgment was entered in favor of company in the amount of $20,575.00, which was reduced by 20% to $16,460.00 in accordance with the court’s apportionment of 20% fault to the policy holder. Defendant appeals the denial of his motion to dismiss, the award of damages, and the allocation of fault.

Posted by: Amelia Ferrell Knisely on Mar 15, 2016

Bloomberg BNA features a series of videos from its interview with Richard Susskind, co-author of The Future of the Professions. Susskind answers question about how the ideas in his book apply to the Big Law community, including if technology will ever replace lawyers.

Posted by: Amelia Ferrell Knisely on Mar 15, 2016

Above the Law criticizes a recent 5-4 decision by the Oklahoma Supreme Court changing bar exam scoring in an effort to make bar passage easier. “…Bar exam grading and scaling should not be made easier to accommodate the failings of law schools to properly cull their entering classes,” the author writes.

Posted by: Amelia Ferrell Knisely on Mar 15, 2016

WBIR reports an undisclosed settlement has been reached between Knox County and Louis Flack, a mentally ill former inmate whose 2014 jail beating was captured on video. Flack and his attorney, Lance Baker, originally sought $5 million in the civil-rights lawsuit. The county and Baker will still have to reach an agreement on the attorney fees.

Posted by: Amelia Ferrell Knisely on Mar 15, 2016

Steve Olita, a Memphis-area inventor, is suing Carrier Corp. for allegedly using his ideas in its Collierville factory without paying licensing fees, The Commercial Appeal reports. He says the air conditioner manufacturer worked with one of his former employees to copy his ideas to avoid paying. Olita also filed a separate lawsuit against former employees and other companies.

Posted by: Amelia Ferrell Knisely on Mar 15, 2016

The mother of a three-year-old boy who shot himself with a pistol in the family’s vehicle waived her rights Monday to a pretrial hearing, the Chattanoogan reports. Kelly Pittman’s charges – criminally negligent homicide and child endangerment – now go straight to the Grand Jury.


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