The Tennessee Supreme Court today reversed a decision of the Court of Criminal Appeals that granted relief to a defendant on an unpreserved and unpresented issue. The court found that the appeals court abused its discretion by granting the relief without giving the parties fair notice and an opportunity to be heard on the matter. The court said that while appellate courts have limited discretionary authority to review unpresented and unpreserved issues, they must provide fair notice and an opportunity to be heard before deciding such an issue. The decision came in the case of Lynn Frank Bristol, who was convicted on two counts of aggravated sexual battery in Coffee County and sentenced to 20 years in prison. Bristol had claimed his conviction should be overturned because of alleged discrepancies between the written jury instructions and the trial court’s oral jury charge.

The Governor’s Council for Judicial Appointments is now accepting applications for the Court of Criminal Appeals, Western Section, vacancy created by the death of Judge John Everett Williams on Sept. 2. Applicants must be licensed attorneys who are at least 30 years old, a resident of the state for five years and a resident of Tennessee’s Western Grand Division. Applications must be submitted to the Administrative Office of the Courts by noon CDT on Oct. 24. Get full applications instructions here. Applicants will be interviewed on Nov. 22 at 9 a.m. CST in the courtroom of the Tennessee Supreme Court Building in Jackson.

Witness an all-star lineup of women attorneys discuss resiliency in our profession during times of change, nontraditional legal careers, women supporting other women and much more during the “Raising the Bar” program on Nov. 10. Produced by the TBA Women in the Profession Committee, the in-person event will kick off with a keynote address from retired Chancellor Ellen Hobbs Lyle on withstanding career adversity, overcoming challenges and growing from those experiences. Programming will run from 9 a.m. until 4 p.m. CST at Baker Donelson’s Nashville office and will be immediately followed by a networking reception. Learn more and register for the program.

Results from the July Tennessee Bar Exam are expected to be released Monday by the Tennessee Board of Law Examiners. Watch the TBA.org website for the results as they become available.

Former Knoxville prosecutor Hector Sanchez this week became Tennessee’s first Hispanic criminal court judge after he took the oath of office to serve the 6th Judicial District. “I’m excited to serve the citizens of Knox County,” Sanchez told Knoxville’s WATE 6. “I think inclusion is very important. I think diversity on the bench is important.” Sanchez is an honorably discharged Marine who earned his law degree from the University of Tennessee College of Law. He believes the core values he learned while in the Marine Corps – “honor, courage and commitment” – will translate into his courtroom. “…those are things every day I try to apply to every situation that I’m involved in,” he said. Sanchez was with the district attorney’s office before Gov. Bill Lee appointed him as a 6th Judicial District Criminal Court judge. He succeeds Judge Kyle Hixson who was appointed to the Tennessee Court of Criminal Appeals – Eastern Section.

Knoxville lawyer Charles Michael Conroy died on Oct. 2. He was 76. Conroy was born in Clarksville and graduated from Vanderbilt University before going on to earn his law degree from the University of Tennessee College of Law. He practiced law in both Tennessee and Georgia. Conroy was a lifelong shell collector and had an extensive collection and knowledge of shells from around the world and especially Sanibel Island, Florida. Burial will be at Greenwood Cemetery in Clarksville. The day and time of the services and burial will be announced at a later date. Memorials may be made to the local chapter of the Parkinson’s Association.

Memphis Area Legal Services (MALS) will host its annual fundraiser, the Justice for All Ball, on Oct. 15 at 6 p.m. CDT. The event will be held at the Halloran Centre for Performing Arts & Education in Memphis and will feature dinner from Chef Phillip Dewayne and entertainment from the Stax Music Academy Band, the Beale Street Flippers and the PC Band. Proceeds from the event will benefit MALS and support attorneys offering pro bono legal services to the underserved population in Memphis. For more information contact, please contact Kavron Bibbs-Newman, 901-255-3452. Read more here.

Alex Friedmann, a Nashville criminal justice advocate, was today sentenced to 40 years in prison for hiding firearms and other weapons in the walls of the Downtown Detention Center while it was under construction, the Tennessean reports. Friedmann admitted to the crimes, but his attorneys argued the state was overcharging him. He has prior felony convictions elevating the minimum punishment to 25 years in prison. Prior to sentencing, Friedmann wrote to Judge Steve Dozier detailing two incidents of rape while he was being held in the old county jail when he was 18. He said he hid the weapons out of an irrational fear that he’d be jailed again and subject to another rape. Sheriff Daron Hall rejected that claim in court today, saying Friedmann’s plot was to incite violence inside the jail. Friedmann also pleaded guilty to a federal gun possession crime and will be sentenced for that charge in January.

The Tennessee Supreme Court yesterday heard arguments in a voting rights case in which plaintiffs allege the state illegally blocked a man from voting over a felony conviction in Virginia, even though his voting rights had been restored there. Ernest Falls was granted clemency for a felony conviction in Virginia and had his voting rights restored before moving to Tennessee. When he tried to register to vote in Grainger County in 2020, state officials said Falls failed to prove he had paid all court costs and restitution required by the state of his conviction. Falls never owed court costs or restitution in his Virginia case and the clemency grant fully restored his right to vote in Virginia. A Davidson County judge previously sided with the state in the case, finding "Tennessee law does not require that Tennessee reach the same result" as other states' decisions on voter restoration. The Tennessean has the full story.

The White House today announced that President Joe Biden will pardon all those convicted of simple possession of marijuana under federal law, The Hill reports. “There are thousands of people who have prior federal convictions for marijuana possession, who may be denied employment, housing, or educational opportunities as a result,” Biden said in a statement. “My action will help relieve the collateral consequences arising from these convictions.” White House officials urged governors to take similar action and told reporters that the pardon could benefit around 6,500 individuals. They added that no one is currently in federal prison for simple possession charges.