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Posted by: Karen Belcher on Apr 5, 2024

This protracted and contentious child support action began on April 15, 2005, with the filing of a petition for child support filed by the State of Tennessee (“the State”) on behalf of the mother, Nedra R. Hastings (“Mother”) in the Juvenile Court of Memphis and Shelby County, Tennessee seeking support from the father, Larry M. Hastings (“Father”), for Mother and Father’s only child, born in 2004. The petition sought child support enforcement assistance pursuant to Title IV-D of the Social Security Act, codified at 42 U.S.C. § 651, et seq. (“Title IV-D”). In July 2005, the trial court entered an order establishing child support, which ordered that Father pay support, that Father provide medical insurance for the child, and that each parent pay half of any medical expenses not covered by insurance. Over the years that followed, the State, acting on behalf of Mother, or Mother acting pro se and independent of the State, filed numerous motions and/or petitions, including petitions to modify the child support amount, petitions for contempt for Father’s failure to pay medical and other expenses, objections to the appointment of special judges and magistrates by the juvenile court judge, objections to the court hearing motions virtually via Zoom, and requests for the court to rehear motions and petitions. On September 24, 2020, an appointed special judge, who heard only Title IV-D matters, disposed of all matters remaining in the Title IV-D case and continued the pending contempt and child-support modification matters to be heard by a judge who handled non- Title IV-D matters. This appeal, which is the second of Mother’s four appeals that arise from this case, followed. The numerous issues Mother raises in this appeal principally relate to the appointment of a special judge, recusal issues, and issues that led up to the final order entered on September 24, 2020. Following a thorough review of the record and the issues raised in this appeal for which Mother presents arguments as required by Tennessee Rule of Appellate Procedure 27(a)(7), we affirm the decisions of the trial court.

Posted by: Karen Belcher on Apr 5, 2024

Pursuant to a global plea agreement, Ira Minnifee, Jr., Defendant, pleaded guilty as a Range I offender in Case Nos. 94327, 94338, 94339, 94340, 94341, 94342, and 94343 to seven Class A felony drug offenses committed within 1,000 feet of a school. Pursuant to the agreement, the trial court sentenced Defendant to seven concurrent, twenty-year terms of incarceration with the fifteen-year mandatory minimum sentence for Defendant’s range to be served at 100% and with the remaining five years to be served at 30%. Defendant filed a single motion for resentencing pursuant to Tennessee Code Annotated section 39-17- 432(h) (2022) encompassing all seven cases. Following an evidentiary hearing, the trial court resentenced Defendant as a Range II offender to concurrent sentences of fifteen years’ incarceration at 100% service of the entire sentence for six Class B felony drug offenses and one Class A felony drug offense. Because resentencing Defendant to 100% service of more than the twelve-year minimum sentence for a Range II offender convicted of a Class B felony in Case Nos. 94327, 94338, 94339, 94340, 94341, and 94342 was not authorized by statute, we vacate the sentences and remand for resentencing. Because resentencing Defendant in Case No. 94343 to less than the twenty-five-year minimum sentence for a Range II offender convicted of a Class A felony was not authorized by statute, we reverse the amended judgment and remand for resentencing.

Posted by: Julia Wilburn on Apr 5, 2024

Cleveland attorney J. Allen Murphy Jr. died on March 8. He graduated from Emory University in 1991, where he earned degrees in English and philosophy and served as a governor's intern with the Georgia Indigent Defense Council. After college, Murphy enlisted and served honorably in the U.S. Army. He later went on to obtain a teaching fellowship and pursue a master's degree in philosophy and religion at the University of Mississippi. While at Ole Miss, he was accepted to the University of Mississippi School of Law. After obtaining his law degree, he opened a solo practice in Cleveland. Services were held March 23. In lieu of flowers, the family requests donations made in his memory to The McCallie School, The Friends of the Greenway Fund or the charity of the donor's choice.

Posted by: Karen Belcher on Apr 5, 2024

The dispositive issue on appeal concerns a forum selection clause in the LLC Agreement of Catch22Nashville, LLC (“the LLC Agreement”). Catch22Nashville, LLC initially had four members who owned equal membership interests. The principal business of the LLC was a restaurant operating under the name Catch22 Gastropub. A dispute arose when one of the four members, Christopher Holloway (“Mr. Holloway”), purchased the membership interests of two other members, Richard Miley (“Mr. Miley”) and Justin Kamishlian (“Mr. Kamishlian”), resulting in Mr. Holloway owning three-fourths of the membership interests in the LLC. The fourth member, Victor Daniel Medina-Tratel (“Mr. Medina”), claims that Mr. Holloway promised to transfer the interest portion belonging to Mr. Kamishlian to Mr. Medina upon his payment of $40,000, so that Mr. Holloway and Mr. Medina would own Catch22Nashville, LLC in equal interests. Instead, Mr. Holloway transferred a one-fourth membership interest in the LLC to his wife Melanie Holloway (“Ms. Holloway”). Two years later, the landlord of Catch22 Gastropub terminated its lease and evicted the restaurant from the premises, forcing it to cease business. On the day of the eviction, Mr. Medina obtained a cashier’s check in the amount of $100,000 from the LLC’s bank account that was made payable to the Clerk and Master of Wilson County. Mr. Medina then filed a complaint in the Chancery Court of Wilson County against Mr. Holloway and Ms. Holloway (hereinafter “the Holloways”) for fraud, negligent misrepresentation, and conversion related to the transfer of Mr. Kamishlian’s membership interest in the LLC. Mr. Medina also filed a motion to interplead into court the $100,000 that he withdrew from the LLC’s corporate account. The LLC then motioned to intervene as a party with a vested interest in the interpleaded funds. The trial court granted both Mr. Medina’s motion for interpleader and the LLC’s motion to intervene. The LLC and the Holloways (hereinafter “Defendants”) then filed motions to dismiss based on the forum selection clause in the LLC Agreement. Section 1.09 of the LLC Agreement states “[v]enue for any dispute arising under this LLC Agreement or any disputes among any Members or the Company will be in the county of the Company’s Registered Office.” The trial court ruled that, under the forum selection clause in the LLC Agreement, exclusive venue for Mr. Medina’s claims was in Oconee County, Georgia, the county of the company’s registered office, and dismissed the case without prejudice for lack of proper venue. Mr. Medina filed a timely appeal. For the reasons discussed below, we affirm the decision of the trial court.

Posted by: Julia Wilburn on Apr 5, 2024

Former Shelby County Criminal Court Judge Melissa Boyd on Friday pleaded guilty in her criminal trial to a single harassment charge and was given judicial diversion for 11 months and 29 days. She also was ordered to a 28-day stay at a Jackson rehabilitation facility, after which she will have to enter the Shelby County Veteran’s Court Program. Boyd’s plea agreement also means that she cannot contact Lashanta Rudd, a woman she was allegedly in a personal relationship and the person who she pleaded guilty to harassing. The Daily Memphian has the story.

Posted by: Karen Belcher on Apr 5, 2024

A mother appeals the termination of her parental rights to one of her children. On the day of trial, her appointed counsel orally moved for leave to withdraw. The court granted the motion, and the trial proceeded with the mother representing herself. Ultimately, the court found clear and convincing evidence of six grounds for termination and that termination of the mother’s parental rights was in the child’s best interest. The mother argues on appeal that the trial court erred in permitting her appointed counsel to withdraw. Because we agree, we vacate the judgment terminating her parental rights and remand for further proceedings.

Posted by: Julia Wilburn on Apr 5, 2024

A bill that would require public school students to watch a video on fetal development, or something comparable, produced by anti-abortion group Live Action is headed to Gov. Bill Lee's desk for his signature. The Associated Press reports that SB2767, sponsored by Sen. Janice Bowling, R-Tullahoma, mirrors similar proposals, all backed by the group, that have popped up this year in Iowa, Kentucky, Missouri and West Virginia. North Dakota was the first state to adopt the idea last year. The video has been criticized by some educators and physicians, and the American College of Obstetricians and Gynecologists has said the video is anti-abortion misinformation “designed to manipulate the emotions of viewers.” Bowling says, “It does show conception and it’s an AI-type of film, but it’s medically correct ... And it shows the moment when the sperm unites with the egg, and that is the beginning of life.”

Posted by: Julia Wilburn on Apr 5, 2024

TBA’s Legislative Updates podcast is new this week with attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Ashley Harbin. This week they discuss HB2710/SB2254 (the TBA Conservatorship bill), HB2645 (the adoption birth certificate bill), HB2002 (removing two Shelby county judicial districts), HB2215/SB2448 (the Real Estate Fraud Reduction Act), and HB2644 (the adoption clean-up bill.) Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

Posted by: Julia Wilburn on Apr 5, 2024

Harriet Thompson was sworn in as Hardeman County General Sessions Court judge on April 1, making her the first woman to serve in that position in the county. Thompson was appointed by the Hardeman County Commission to fill the position after Judge Boyette Denton resigned due to ongoing health issues. A graduate of Vanderbilt University and Nashville School of Law, Thompson has been an attorney in the county since 1991 and has had her own practice in the county since the late 1990s. She has practiced in all court venues in the county and has tried a case before the Tennessee Supreme Court. Thompson has since announced she will be running as an Independent for the position in the Aug. 5 general election. Read more from the Bolivar Bulletin Times.

Posted by: Julia Wilburn on Apr 5, 2024

A bill to let some Tennessee public school teachers carry handguns advanced Tuesday in a 7-1 vote in the Senate Judiciary Committee. SB1325/HB1202, co-sponsored by Sen. Paul Bailey, R-Sparta, and Rep. Ryan Williams, R-Cookeville, would let a teacher or staff member carry a concealed handgun at school after completing 40 hours of certified training in school policing at their own expense, as well as passing a mental health evaluation and FBI background check. Chalkbeat reports that parents would not be notified if their student’s teacher is armed. "The director of schools, principal and the chief of the local law enforcement agency are the only ones notified of those permitted to carry,” Bailey told senators, "and they are not to disclose if someone is or is not permitted to carry on school grounds." Sen. London Lamar, D-Memphis, was the lone vote against the measure, saying, "I do not think that it is the responsibility of teachers in our state, who have taken the oath to educate our children, to now become law enforcement officers."


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