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Posted by: Julia Wilburn on Nov 27, 2024

The trial court terminated a mother’s parental rights to six children based on abandonment by failure to provide a suitable home and severe abuse. The trial court further concluded that terminating the mother’s parental rights was in the children’s best interests. Mother appeals. Discerning no error, we affirm the trial court’s ruling.

Posted by: Julia Wilburn on Nov 27, 2024

BOGGS, Circuit Judge. In 2005, an Ohio court sentenced Delano Hale to death for the murder of Douglas Green. The Ohio Supreme Court and Ohio Court of Appeals both affirmed his conviction. Hale now petitions this court for a writ of habeas corpus, relying on two different grounds for relief. For the following reasons, we deny Hale’s petition and affirm the judgment of the district court below.

Posted by: Julia Wilburn on Nov 27, 2024

A decedent’s stepchildren filed a complaint contesting ownership of a portion of his twenty-acre property. They asserted theories of adverse possession, express oral trust, and breach of contract. The trial court dismissed the complaint. Because we conclude that the allegations of an express oral trust and breach of contract are sufficient to overcome a motion to dismiss, we reverse in part.

Posted by: Julia Wilburn on Nov 27, 2024

A Williamson County jury convicted the Defendant, Thor Lucas Coleman, of attempted first degree murder, aggravated assault by strangulation, aggravated assault by violating a restraining order, possessing a firearm during the commission of a dangerous felony, and unlawful possession of a weapon. The trial court sentenced him to a forty-five-year effective sentence. On appeal, the Defendant contends that: (1) the trial court improperly admitted evidence of his prior acts of domestic violence against the victim; and (2) the evidence is insufficient to sustain his conviction for attempted first degree murder. After review, we affirm the trial court’s judgments.

Posted by: Julia Wilburn on Nov 27, 2024

Katherine Malone died in an accident in Idaho. Her ex-husband, Patrick Malone, was named guardian of their child, Beatrice Rose Malone (“Rosie”). A trust (“the Tennessee Trust”) was established in Davidson County, Tennessee, for all funds due to Rosie. Katherine Malone’s parents, James William Rose and Jennie Adams Rose (“the Roses”) were the personal representatives of her estate and “Limited Trust Protectors,” of the Tennessee Trust. Mr. Malone, as Rosie’s guardian, filed a wrongful death lawsuit in Idaho and recovered a settlement. The settlement funds were placed in a trust Mr. Malone established in Missouri with Blue Ridge Bank and Trust. The Roses filed this action to transfer the funds to the Tennessee Trust and to find Mr. Malone in civil contempt. The Probate Court agreed with the Roses, finding Mr. Malone in civil contempt and ordering that the funds be transferred to the Tennessee Trust. Mr. Malone and Blue Ridge Bank and Trust appealed. We affirm.

Posted by: Julia Wilburn on Nov 27, 2024

Defendant, Roger Trino Spencer, Jr., was indicted by the McNairy County Grand Jury for one count of aggravated robbery accomplished with a deadly weapon and two counts of aggravated assault by displaying a deadly weapon. Defendant was convicted as charged by a jury and sentenced by the trial court as a Range II offender to an effective eighteen years’ confinement. The trial court also imposed an effective $15,000 fine and ordered Defendant to pay $971 in restitution. In this appeal as of right, Defendant contends that the State failed to provide sufficient proof of his identity as the perpetrator of the offenses; the State’s improper comments during opening statement and closing argument entitle him to plain error relief; the trial court erred by failing to consider a validated risk and needs assessment in imposing his sentence; and the trial court erred by failing to consider his ability to pay in imposing fines and ordering restitution. Having reviewed the briefs and arguments of the parties and the record on appeal, we affirm the judgments of the trial court.

Posted by: Julia Wilburn on Nov 26, 2024

Cheatham Middle School in Ashland City must choose a new mascot after the University of Cincinnati (UC) sent a cease-and-desist letter concerning copyright and licensing infringements regarding the school's current mascot, the Bearcats. In a social media post, Cheatham Middle School submitted a proposal to UC agreeing to remove the logo and create a new one but was denied and informed that the school can no longer use or refer to themselves as the "Bearcats." UC owns a sports licensing copyright for the word. The Tennessean reports that, after gathering community input, the top four choices for a new mascot are Musketeers, Bobcats, Cubs or Coyotes.

Posted by: Julia Wilburn on Nov 26, 2024

The Tennessee Supreme Court will hear oral arguments in two cases on Dec. 4 at Austin Peay State University in Clarksville as part of its Supreme Court Advancing Legal Education for Students (SCALES) program. The cases are Theresa Thompson Locke et al. v. Jason D. Aston M.D. et al. and State of Tennessee v. Ambreia Washington. SCALES is an initiative launched by the court in 1995 to educate high school students about the Tennessee legal system and the functions of the judicial branch. SCALES has provided more than 40,000 students from more than 500 high schools the ability to witness the Tennessee Supreme Court in action. Read more about the program and the cases to be heard beginning at 9 a.m. CST that day. The session also will be livestreamed on the court's Youtube page.

Posted by: Julia Wilburn on Nov 26, 2024

Tennessee House of Representatives Speaker Cameron Sexton, R-Crossville, recently announced a review of Shelby County General Sessions Criminal Court Judge Bill Anderson’s cases, stating that the judge "stands with violent criminals rather than law enforcement, victims, families and protecting Memphis." The Daily Memphian reports that Anderson has been criticized for releasing several defendants on their own recognizance in recent months. Recently, Anderson released without bail a defendant accused of shooting at police during a 12-hour standoff and three other suspects charged in the shooting of a FedEx employee at a company facility near Memphis International Airport. Shelby County District Attorney Steve Mulroy says he will appeal some of those decisions. Anderson responded saying, "I will only say that Speaker Sexton or anyone else who wants to review my cases is certainly free to do so as much as they please. Mine is a court of public record and is open to the public." In April, a Shelby County commissioner also called on Anderson to resign.

Posted by: Julia Wilburn on Nov 26, 2024

The State Building Commission recently authorized $43 million in emergency funds to keep Tennessee State University (TSU) operational through the end of the year. The crisis allegedly stems from financial mismanagement under immediate past President Glenda Glover's administration. Interim TSU President Ronald Johnson has criticized the lack of oversight by the previous Board of Trustees, which was vacated earlier this year by the state legislature. According to Johnson, the board signed an $800,000 advisory contract with the outgoing president despite the university's financial struggles. Others point to historic underfunding as a major reason for the current financial straits. The commission has urged TSU to implement an emergency plan, restructure its leadership and consider selling property as a way to stabilize finances and enrollment. The Tennessee Lookout has the story.


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