The Defendant, Andre Anthony, appeals the trial court’s denial of his motion to correct a clerical mistake pursuant to Tennessee Rule of Criminal Procedure 36. The Defendant contends that his two consecutive sentences at issue were originally ordered to run in a specific order but that the challenged corrected judgment forms indicate that each sentence runs consecutively to the other, in no particular order, and should once again be corrected. The State responds that the trial court correctly denied the Rule 36 motion because the order of the consecutive sentences is immaterial and because the corrected judgments accurately reflect the Defendant’s sentence. After review, we affirm the judgment of the trial court.

JANE B. STRANCH, Circuit Judge. This appeal centers on the habeas petition of Lafayette Deshawn Upshaw, a state inmate in the custody of the Michigan Department of Corrections. In 2014, the State charged Upshaw with crimes associated with two separate incidents that occurred on the same day: a gas station robbery and a home invasion. Upshaw entered a plea deal in the home invasion case but went to trial and was convicted on counts stemming from the robbery. Michigan’s state courts affirmed his robbery conviction on direct appeal. After exhausting his state court remedies, Upshaw filed a petition for habeas relief in federal court. The district court granted relief on two of Upshaw’s claims: an ineffective assistance of counsel claim based on trial counsel’s failure to investigate alibi witnesses and a Batson claim deriving from the State’s use of peremptory challenges to strike six Black jurors. The Warden now appeals. We AFFIRM.

KAREN NELSON MOORE, Circuit Judge. In a previous proceeding, we enforced a National Labor Relations Board Order finding that respondent Bannum Place of Saginaw, LLC engaged in unfair labor practices in violation of 29 U.S.C. § 158(a)(1), (3), and (4) when it interrogated employees, threatened to close its facility, and terminated two union supporters. The National Labor Relations Board now seeks to enforce its supplemental decision and order directing Respondents to pay specific backpay amounts to the two discriminatees, and Respondents petition for review of the supplemental decision and order. For the reasons that follow, we GRANT the National Labor Relations Board’s application for enforcement and DENY Respondents’ cross-petition.

JULIA SMITH GIBBONS, Circuit Judge. Thurman King sued Officers Zachary Abbate and Jason Bradley, the City of Rockford (“City”), the Rockford Public Safety Department (“Department”), and other municipal officers (collectively, “defendants”) under 42 U.S.C. § 1983 and state law for events arising out of a 2019 traffic stop. The district court granted partial summary judgment in favor of defendants, but denied their motion for summary judgment on qualified and governmental immunity grounds for King’s federal and state tort claims against Abbate and Bradley, and denied their motion as to King’s Monell1 claim against the City and Department. Defendants appealed this denial. On review, we affirm in part, and reverse in part, the district court’s denial of qualified and governmental immunity to Abbate and Bradley. We dismiss the City and Department’s appeal for lack of appellate jurisdiction.

The Tennessee Bar Association this year will again honor the work of Tennessee journalists through the Fourth Estate Award: Honoring Courageous Reporting on Justice and the Law. This year's prize, honoring reporting in 2023, includes a $250 honorarium for the winner. The TBA strongly supports freedom of expression under the First Amendment, as exercised by lawyers on behalf of their clients and by journalists on behalf of the public, and particularly wants to recognize and encourage journalists who promote public understanding of the rule of law and our system of justice through vigorous exercise of their First Amendment rights. The deadline for entry is April 25. Attorneys who have relationships with reporters or observed a particularly compelling piece of journalism in 2023 are encouraged to submit a nomination. Read about past recipients here and read the TBA's full press release.

Tina Batten, Defendant, entered a best interest plea to aggravated assault and possession of a firearm while under the influence in exchange for a total effective sentence of five years with the length and manner of service of the sentence to be determined by the trial court. After a sentencing hearing, the trial court denied judicial diversion and ordered Defendant to a sentence of split confinement on the basis that granting diversion would depreciate the severity of the offenses and would have a detrimental effect on deterrence. Because the trial court failed to consider the proper factors in rendering its decision to deny diversion and failed to weigh those factors, we reverse and remand the case to the trial court for reconsideration. On remand, the trial court should utilize the factors set forth in Parker and Electroplating, weigh the factors against each other, and place an explanation of its ruling on the record.

The Tennessee Trial Court Vacancy Commission is accepting applications for a circuit court judge in the 18th and 22nd Judicial Districts. The position in the 18th Judicial District, which serves Sumner County, is a new seat that will be in effect as of Sept. 1. The position in the 22nd Judicial District — which serves Maury, Giles, Lawrence and Wayne counties — will be created with the retirement of Judge David Allen on Aug. 3. Those interested in either position should complete the application and submit it to the Administrative Office of the Courts by noon CDT on April 17. The commission will hold a public hearing to consider applicants for the 22nd District seat on May 20 at 9 a.m. CDT at Columbia Central High School, 921 Lion Parkway, Columbia 38401. It will hold a public hearing to consider applicants for the 18th District seat on May 21 at 9 a.m. CDT at Volunteer State Community College, 1480 Nashville Pike, Gallatin 37066. Get more information about applying.

The defendant, Anthony Eugene Barnett, appeals his Lawrence County Circuit Court conviction of theft of services, arguing that his judgment of conviction contains a clerical error by listing the incorrect statute for his conviction and that the trial court erred in denying his oral motion to continue his case, made the day of his trial. Upon review of the record, we remand the case to the trial court for entry of a corrected judgment reflecting the defendant’s conviction for theft of services. Because the record includes neither a transcript of the defendant’s oral motion to continue his case, the trial court’s ruling thereupon, nor a transcript of the trial, we conclude that the issue is waived and affirm the judgment of the trial court.

This appeal concerns the trial court’s denial of a petition for an order of protection based upon allegations of stalking. This is one of four cases in which the petitioner sought an order of protection against four women. We affirm the trial court’s denial of the petition in this case.

This appeal concerns the trial court’s denial of a petition for an order of protection based upon allegations of stalking. This is one of four cases in which the petitioner sought an order of protection against four women. We affirm the trial court’s denial of the petition in this case.