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Posted by: Julia Wilburn on Oct 16, 2024

The Shelby County District Attorney's office last week announced that a new bail-setting form will include a “law-enforcement notes” section, replacing the previous bond-recommendation section. The form will include information on a defendant’s evidence of flight, evasion, violence, other crimes and other relevant information. The Daily Memphian reports that the new bail-setting form is the latest change to Shelby County’s bail-setting process, which has received criticism from local residents and state legislators who claim it often does not do enough to protect the community.

Posted by: Julia Wilburn on Oct 15, 2024

After being closed for more than five months for asbestos, mold and lead remediation, Shelby County Juvenile Court was scheduled to resume in-person hearings on Monday. However, due to staffing and budget issues, all 150 cases scheduled for Monday — including for dependency and neglect, custody and visitation and child support — were held virtually, a change communicated on Sunday. The Shelby County Sheriff's Office transported juveniles to court last year, but communicated to the court that they would not continue to do so this year, due to staffing and budget issues. The Daily Memphian has more.

Posted by: Julia Wilburn on Oct 15, 2024

On Oct. 25, the Corporate Counsel Section will host a webinar that will explore how in-house legal teams can effectively balance the strategic advantages and inherent risks of integrating artificial intelligence (AI). Topics will include what AI is and its practical applications, key risks and considerations to address before implementing AI, AI governance frameworks and compliance, ethical challenges and responsible AI use. Attendees will gain insights on managing AI in the corporate environment while mitigating legal and ethical concerns. Register here.

Posted by: Julia Wilburn on Oct 14, 2024

The pro se Defendant, Brandon Theus, appeals from the trial court’s denial of his Tennessee Rule of Criminal Procedure 36 motion to correct a clerical mistake in his judgments of convictions for simple possession of methamphetamine and driving on a suspended license. The Defendant argues the trial court should have granted his motion to award pretrial jail credit on his sentence in the instant case, which had been ordered to run consecutively to separate cases that were pending parole revocation proceedings at the time of the Defendant’s sentencing. The State contends that the Defendant’s appeal was untimely, that the record is inadequate for review, and, nonetheless, that the trial court did not abuse its discretion by denying the Defendant’s motion to correct a clerical mistake. We conclude that the appeal is timely and affirm the judgment of the trial court.

Posted by: Julia Wilburn on Oct 14, 2024

Following a jury trial, the Defendant, Shawn Foutaine Shaw, was convicted of first degree premeditated murder, first degree felony murder, especially aggravated kidnapping, and aggravated assault. On appeal, the Defendant claims that his convictions for especially aggravated kidnapping and aggravated assault violate the prohibition against double jeopardy. He also raises an evidentiary issue regarding the testimony of a witness at trial. After a thorough review of the record, we remand the case to the trial court for entry of an amended judgment in count 2 and corrected judgments in counts 3 through 6. In all other respects, we affirm the judgments of the trial court.

Posted by: Julia Wilburn on Oct 14, 2024

The Defendant, Kenneth Ray Niles, appeals from his convictions in the Dickson County Circuit Court for two counts of first degree premeditated murder, two counts of first degree felony murder, and one count each of aggravated arson, a Class A felony; especially aggravated robbery, a Class A felony; theft of property, a Class D felony; and aggravated criminal trespass, a Class A misdemeanor. See T.C.A. §§ 39-13-202 (2014) (subsequently amended) (first degree felony murder), 39-14-302 (2018) (aggravated arson), 39-13-403 (2018) (especially aggravated robbery), 39-14-103 (2018) (theft of property), 39-14-406 (2014) (subsequently amended) (aggravated criminal trespass). He received an effective sentence of life plus fifty years. The Defendant contends that (1) the jury’s verdict was contrary to the weight and sufficiency of the evidence, (2) the trial court erred by failing to exclude evidence found in the Defendant’s wife’s truck, and (3) the trial court erred by admitting photographs of the victims. We affirm the judgments of the trial court.

Posted by: Julia Wilburn on Oct 14, 2024

Brentwood-based CoreCivic, the leading private prison company in the U.S., has spent more than $4.4 million to settle dozens of complaints alleging mistreatment at its Tennessee prisons and jails since 2016. The Associated Press reports that those complaints include at least 22 inmate deaths, and more than $1.1 million of the payouts involved Trousdale Turner Correctional Center, which is now under federal investigation. The Tennessee Department of Corrections has fined CoreCivic $37.7 million across four prisons since 2016, including $11.1 million for problems at Trousdale, according to the news outlet.

Posted by: Julia Wilburn on Oct 14, 2024

Judge Joshua Turnbow was sworn in to the 23rd Judicial District Circuit Court on Sept. 13. He received a degree in finance from the University of Tennessee and his law degree from the University of Memphis Cecil C. Humphreys School of Law. After his first year of law school, he participated in a program that paired him with then 23rd District Circuit Court Judge Robert Burch. "He would let me ride with him to every county," Turnbow said. “[H]e also helped start the drug court program here in the 23rd district ... I was so impressed by that program and the impact it can have on peoples’ lives and the impact Judge Birch had on peoples’ lives through his judgeship." The 23rd Judicial District covers five counties: Cheatham, Dickson, Houston, Humphreys and Stewart. Turnbow grew up in Charlotte, in Dickson County, a few miles from the courthouse where he will preside. Read more from the Administrative Office of the Courts.

Posted by: Julia Wilburn on Oct 14, 2024

Layla Soliz, a Knoxville woman arrested in May during pro-Palestinian protests on the campus of the University of Tennessee College of Law, is suing the Knox County Sheriff's Office in federal court. The suit stems from a mug shot of Soliz taken without her hijab that was subsequently made public, despite assurances to the contrary. According to Knox News, Soliz is suing for at least $250,000 in damages and for her picture to be expunged from the sheriff's office database. She also wants to amend the sheriff's office policy so that hijabi women no longer have to remove their head coverings for future mug shots.

Posted by: Julia Wilburn on Oct 14, 2024

The Petitioner, Kenyon Demario Reynolds, appeals from the Knox County Criminal Court’s denial of post-conviction relief from his convictions for second degree murder, delivery and sale of a Schedule I controlled substance, and unlawful possession of a firearm. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his ineffective assistance of counsel claim. We affirm the judgment of the postconviction court.


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