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Posted by: Julia Wilburn on Dec 29, 2023

Several new laws will take effect on Jan. 1, 2024, including harsher penalties for distracted drivers, the elimination of disabled license plate fees for parents or guardians of a person confined to a wheelchair, and the requirement of car ignition breathalyzers to include GPS technology that will track the car's location at the time of an alcohol test. Additionally, the Tennessee Department of Safety will create a voucher program to reimburse people for the cost of a handgun safety course and the Tennessee Paid Family Leave Insurance Act will amend current code to allow insurances companies to offer paid family leave, which employers could then purchase for their employees. Read the Tennessean's full summary of the new laws.

Posted by: Julia Wilburn on Dec 29, 2023

Retired Circuit Court Judge Michael W. Binkley, of Tennessee’s 21st Judicial District, is the initial recipient of the Vanessa Pettigrew Bryan Equal Justice Award, reports the Williamson Herald. The award is given in recognition of the recipient’s commitment to the relentless pursuit of justice by the 21st District public defenders and honors retired Public Defender Vanessa Pettigrew Bryan. Bryan's career spanned more than 30 years in the judicial system, starting as a magistrate and serving as public defender of the four-county district that includes Hickman, Lewis, Perry and Williamson counties.

Posted by: Julia Wilburn on Dec 29, 2023

Shelby County Commissioner Mick Wright on Thursday sent a 20-page “letter of formal complaint” against Shelby County Clerk Wanda Halbert to Hamilton County District Attorney General Coty Wamp, the special prosecutor investigating Halbert’s handling of her duties. Wright says his case “reveals a clear pattern of intentional negligence.” The Daily Memphian reports that the complaint breaks down his reasoning for ousting Halbert into three sections: the abrupt closing of the clerk’s office in Germantown in 2020 and the Poplar Plaza shopping center earlier this year, as well as the expiration of leases in other locations; the backlog of car tags and vehicle registration renewals in 2022 that Wright describes as an “operational collapse;” and Halbert’s persistent complaints since taking office in 2018 that her office isn’t getting the funding it is entitled to from the county administration and can’t hire enough employees or get the proper equipment.

Posted by: Julia Wilburn on Dec 29, 2023

The County Officials Association of Tennessee has named Hamilton County Juvenile Court Clerk Gary Behler its 2023 State Court Clerk of the Year, reports the Hamilton County Herald. Behler has served as the juvenile court clerk in Hamilton County since his 2010 election. In 2018, the County Technical Assistance Service recognized Behler’s office as the first fully electronic state court clerk’s office in Tennessee. In addition, the court’s electronic filing system, implemented in 2022, was one of the first to serve juvenile courts in Tennessee. Behler is a certified public administrator as well as a certified county financial officer and he has served as an adjunct professor of criminal justice at the University of Tennessee at Chattanooga for 33 years.

Posted by: Julia Wilburn on Dec 29, 2023

Scrambling to get those last-minute CLE hours in before the Dec. 31 deadline? The TBA is here to help! Check out TBA Year-End CLE to choose from a quality mix of CLE packages ranging from six hours to 15 hours of credit on a variety of topic areas. Or, shop our online CLE products at cle.tba.org where you can access more than 30 practice areas and 200 on-demand programs, and watch them on your laptop or mobile device at your convenience. Don’t forget to use the prepaid credits that come with your TBA Complete Membership and save on your CLE costs. Not a member? Join now to start saving.

Posted by: Julia Wilburn on Dec 27, 2023

A Franklin County jury convicted Robert J. Whittenburg, Defendant, of two counts of first degree premeditated murder. After a sentencing hearing, the trial court imposed two consecutive life sentences. On appeal, Defendant argues: (1) the state did not present sufficient evidence of premeditation; (2) the trial court improperly denied Defendant’s request for a special jury instruction on premeditation; (3) the trial court improperly addressed concerns about irregularities during jury deliberations; and (4) the trial court impaired the jury when it briefly prohibited smoke breaks and then changed its mind. After review, we affirm the judgments of the trial court but remand the case for resolution of procedural issues related to the change of venue and entry of revised judgments.

Posted by: Julia Wilburn on Dec 27, 2023

This is an action against the former attorney-in-fact of the decedent for breach of fiduciary duties and conversion. The trial court granted summary judgment against the attorney-in-fact and awarded damages to the estate. The attorney-in-fact appeals, contending the trial court did not have subject matter jurisdiction over the matters at issue because the power of attorney was based on Texas law and the actions alleged in the petition were performed in Texas, where he was a resident; however, he does not challenge the court’s personal jurisdiction over him. He also contends that summary judgment was inappropriate because material facts were in dispute. Finding no error, we affirm.

Posted by: Julia Wilburn on Dec 27, 2023

Mother and Father appeal the termination of their parental rights to their three children. The trial court found, relying on the doctrine of res judicata, that the ground of severe child abuse supported termination and concluded that termination of Mother’s and Father’s parental rights is in the children’s best interests. Mother and Father challenge the trial court’s determination that the best interest factors support termination. We affirm the judgment of the trial court terminating Mother’s and Father’s parental rights.

Posted by: Julia Wilburn on Dec 27, 2023

HELENE N. WHITE, Circuit Judge. Plaintiff-Appellant Christina Littler appeals the grant of summary judgment to Defendant-Appellee Ohio Association of Public School Employees (OAPSE) in this 42 U.S.C. § 1983 action alleging the wrongful deduction and retention of union dues. Because the district court did not err in concluding that OAPSE was not a state actor under § 1983, we affirm.

Posted by: Julia Wilburn on Dec 27, 2023

The Petitioner, Terrance Lawrence, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions for especially aggravated kidnapping, aggravated assault, domestic assault, driving while his license was suspended and possession of a firearm after having been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, for which he is serving an effective 60 year sentence. On appeal, he contends that the post-conviction court erred in denying relief based upon his ineffective assistance of counsel allegations. We affirm the judgment of the post-conviction court.


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