The Tennessee General Assembly on Monday confirmed Shelby County Circuit Judge Mary Wagner to the Tennessee Supreme Court. Wagner will take her seat on the court after Justice Roger A. Page's retirement on Aug. 31. Wagner's confirmation passed the Tennessee House of Representatives 94-3 and the Senate 32-0 during a brief joint session. The Tennessean reports that members of the Senate Judiciary Committee unanimously approved her selection last week, with lawmakers on both sides of the aisle hailing her as an excellent choice for the court. During the hearing, Wagner described herself to committee members as “both an originalist and a textualist" and said overturning precedents should be done "sparingly and cautiously." Read more from the Administrative Office of the Courts.

Save the date for the TBA's Annual Dispute Resolution Forum, taking place May 9 in Nashville at the Tennessee Bankers Association in Nashville. An annual staple for Tennessee attorneys, this event provides insight from top professionals in the alternative dispute resolution (ADR) vocation while allowing attendees to meet with other mediators from across the state. More details coming soon!

The Tennessee Supreme Court last week abolished a common law rule that required testimony of a criminal defendant’s accomplice to be supported by other evidence. The change, which will apply prospectively, was made in an opinion upholding a first-degree murder conviction. The court found that the “accomplice-corroboration rule is effectively obsolete as a common law rule and that the General Assembly is better equipped to decide whether such a rule should exist in Tennessee.” Supreme Court Justice Sharon G. Lee agreed in a separate opinion that the conviction should be affirmed but disagreed with abolishment of the accomplice-corroboration rule. She argued that the rule has long served to safeguard against untrustworthy accomplice testimony. Justice Sarah K. Campbell also filed a separate opinion agreeing with much of the majority, but argued that abolishing the rule should have been applied retroactively. Read more about the decision from the Administrative Office of the Courts.

A new six-part series titled “Justice USA” from HBO Max will feature former Nashville Public Defender Dawn Deaner as well as stories from Nashville's criminal courts. The series, which begins Thursday, is being promoted as providing a real look at what happens when someone is arrested and subjected to the criminal justice system. The project began more than six years ago when Deaner was public defender. She worked with the producer Marshall Goldberg, who filmed much of the show inside Nashville’s jails and courtrooms. Deaner, who is now with Choosing Justice Initiative, writes in a recent email message that she hopes the series motivates the legal community to “work on creating different systems of justice rooted in restorative practices instead of punishment.” Watch a trailer for the show.

DAVIS, Circuit Judge. Fred Golson, Jr., pleaded guilty to two counts of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Based on an offense level of 17 and a criminal history category of VI, Golson’s Sentencing Guidelines range was 51 to 63 months’ imprisonment. In calculating Golson’s Guidelines range, the district court added a two-level enhancement because it found that Golson’s flight from law enforcement during one of the underlying incidents amounted to reckless endangerment pursuant to U.S.S.G. § 3C1.2. The court ultimately sentenced Golson to 56 months’ imprisonment, three years of supervised release, and a $200 special assessment. Golson challenges the imposition of his sentence on procedural reasonableness grounds. Specifically, he maintains that the district court erred in applying the two-level enhancement because he was not the driver of the vehicle at the time of the incident. Because the undisputed facts of the case create a reasonable inference that Golson was an active participant in the reckless flight from police, we AFFIRM.

This case involves a petition for judicial review filed pursuant to the Tennessee Public Records Act, Tenn. Code Ann. § 10-7-503, et seq., after the Shelby County Sheriff and the District Attorney General denied a journalist’s request to inspect surveillance video from inside a jail facility. The chancery court denied the petition. The journalist appeals. We affirm.

Mother appeals the termination of her parental rights to one of her children. The trial court found seven grounds for termination: abandonment by failure to support; persistent conditions; severe child abuse; imprisonment for more than two years; failure to visit; failure to manifest an ability or willingness to assume custody; and a risk of substantial harm. The trial court also determined that termination was in the child’s best interest and terminated Mother’s parental rights. Mother raises procedural and substantive challenges to the trial court’s best interest determination but does not challenge the grounds for termination. Conducting a Carrington review, we conclude the trial court erred in finding some of the aforementioned grounds for termination. Nevertheless, because clear and convincing evidence supports at least one of termination grounds and the conclusion that termination is in the child’s best interest, we affirm the trial court’s termination of Mother’s parental rights.

In this appeal, the employer asks whether an employee can voluntarily dismiss a pending claim when the employer also filed a petition for benefit determination. The employee reported sustaining injuries while pulling a pallet jack, and the employer provided certain workers’ compensation benefits. The employer later denied medical treatment, and the employee filed a petition for benefit determination. Subsequently, the parties engaged in mediation and came to an agreement regarding certain issues, and the mediator prepared a dispute resolution statement. Several months later, the employer filed its own petition for benefit determination seeking to move the claim to resolution. When the parties were unable to fully resolve the claim, a dispute certification notice was issued. The trial court entered a scheduling order that, among other things, set a deadline for expert proof. Shortly after that deadline passed, the employee filed a notice of voluntary dismissal, to which the employer objected. Initially, the trial court denied the employee’s attempt to dismiss her case, noting that the employer had filed the petition for benefit determination. Upon reconsideration, the court noted the employee’s initial petition for benefit determination was inadvertently omitted from the trial court’s record. Because the employee had filed the initial petition, the court allowed the employee to voluntarily dismiss her claim without prejudice. The employer has appealed. Upon careful consideration of the record and the arguments of counsel, we affirm in part and vacate in part the trial court’s order and remand the case.

The Belmont University College of Law’s Legal Aid Society is holding a golf tournament on April 5 from noon to 5 p.m. CDT at the Towhee Golf Club in Spring Hill. Money raised during the "Putt for Pro Bono" tournament will be awarded to law students who commit their summers to working in unpaid, public interest internships. The event also will include a special silent auction item: a private five-course dinner with wine pairings for a group of up to eight people. Get more information or register here. Email fundraising chair Brooke Wanser with any questions.

The TBA Young Lawyers Division (YLD) has launched its inaugural Diversity Law Week with activities planned this week in Chattanooga, Nashville, Memphis and Knoxville. Under the leadership of YLD President Quinton Thompson and Diversity Law Week Co-Chairs Ariel Anthony, Kevin Christopher and Erin Shackelford, the program is set to provide more than 100 students from across the state an invaluable educational journey into the legal profession. This week's programming includes shadowing legal experts, immersive experiences at law school campuses and observations of local court proceedings. Special thanks is extended to the more than 50 volunteer lawyers and judges who are dedicating their time to provide high school students with this unique opportunity and to the venues that are hosting students in each city. Read more about the program and see photos from Chattanooga's first session.