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Posted by: Stacey Shrader Joslin on Mar 7, 2024

Tennessee Attorney General Jonathan Skrmetti has announced that Solicitor General Andrée Blumstein will leave the office to return to private practice. She will be succeeded by Matt Rice, current special assistant to the solicitor general. In a news release, Skrmetti said, “It’s nearly impossible to express sufficient gratitude to Solicitor General Blumstein for her extraordinary contributions to the great State of Tennessee.” He noted that Blumstein served in the office for nearly a decade and was the first woman solicitor general for the state. Rice, a Johnson City native, joined the AG’s office in June 2022. He previously worked at the Washington, D.C., firm Williams & Connolly and clerked for U.S. Supreme Court Justice Clarence Thomas. He earned his law degree from University of California Berkeley School of Law.

Posted by: Paul Burch on Mar 7, 2024

Grant requests from the Knoxville Bar Foundation (KBF) are due tomorrow. Awards will be announced in May. The KBF’s goal is to facilitate and support projects and programs that seek to improve the administration of justice, enhance the public’s understanding of and confidence in the legal system, support access to the legal system, and serve the legal profession. Since 1997, the KBF has awarded approximately $560,000 in grants for local law-related projects. In 2023, the KBF board approved 12 grant requests totaling $25,000.

Posted by: Stacey Shrader Joslin on Mar 7, 2024

In a new analysis of data from the Equal Employment Opportunity Commission (EEOC), the Tennessean found that for every 100,000 people working in the state in 2022, 89.5 filed formal charges with the EEOC. Only Illinois had a higher rate. An analysis of data from 2021 had found Tennessee had the highest rate of workplace discrimination charges in the nation. For both years, the most common type of complaint was for retaliation.

Posted by: Karen Belcher on Mar 7, 2024

This is a divorce proceeding in which the wife filed a divorce complaint against the husband on the grounds of adultery and inappropriate marital conduct. While the action was pending, Husband drafted a handwritten reconciliation document in which he promised that the marital residence would become the wife’s separate property if he ever “cheated” on her again, “in consideration of her reconciling with [him] (also dropping the divorce lawsuit currently filed).” Although the wife took no action to “drop” or dismiss the divorce complaint, the trial court, sua sponte, dismissed the complaint for failure to prosecute. Upon learning that the husband’s infidelity had resumed, the wife successfully motioned to set aside the order of dismissal, and the case went to trial. In its final order, the trial court granted the wife a divorce on grounds of inappropriate marital conduct due to the husband’s infidelity. Because the wife took no action to enforce the purported reconciliation agreement, the court classified the marital residence as marital property, not the wife’s separate property. The court awarded the wife approximately $3.9 million in marital assets, of which $1.3 million was liquid assets, representing 60% of the marital estate. The court further awarded the wife $13,000 per month in transitional alimony for eight years and $229,000 in alimony in solido, but declined to award her alimony in futuro. The court also denied the wife’s request to recover her attorney’s fees and expenses. The wife appeals, contending that the trial court erred in failing to classify the marital residence as her separate property and in failing to award her alimony in futuro as well as her attorney’s fees. We affirm.

Posted by: Karen Belcher on Mar 7, 2024

A jury convicted two defendants, Tony Thomas and Laronda Turner, of three counts of first-degree premeditated murder. Those convictions stem from a triple homicide that occurred in Memphis, Tennessee, in 2015. Another co-defendant, Demarco Hawkins, was also implicated in the killings. However, his trial was severed from the other defendants, and he testified against Mr. Thomas and Ms. Turner. After Mr. Thomas and Ms. Turner were convicted, they appealed to the Court of Criminal Appeals, raising five issues for review. The intermediate appellate court ruled unanimously on three of the issues, but one judge dissented on the other two. Mr. Thomas and Ms. Turner sought permission to appeal, and we accepted the appeal only as to the two issues on which the intermediate appellate court was divided. First, we agreed to consider whether the prosecution breached the requirements of Brady v. Maryland, 373 U.S. 83 (1963), by failing to produce statements made by Mr. Hawkins at proffer conferences, which were allegedly inconsistent with Mr. Hawkins’ formal statement to law enforcement, before trial. Second, we agreed to address whether the evidence was sufficient to support Ms. Turner’s murder convictions. Based on our review, we conclude that the State did not breach its obligations under Brady with regard to Mr. Thomas. Additionally, we determine that the evidence is insufficient to sustain Ms. Turner’s convictions because Mr. Hawkins’ testimony was not adequately corroborated.1 As a result, we affirm the decision of the Court of Criminal Appeals in part and reverse in part. Additionally, in this opinion, we abrogate Tennessee’s common law accomplice-corroboration rule. However, we apply that change on a prospective basis only, and, thus, it has no bearing on the outcome of this case.

Posted by: Stacey Shrader Joslin on Mar 7, 2024

Headshot of Tennessee Judge Mary WagnerTennessee lawmakers have scheduled a joint convention for Monday to vote on Gov. Bill Lee’s nomination of Shelby County Circuit Judge Mary Wagner to fill an upcoming vacancy on the state Supreme Court, the Tennessee Journal reports. Lee chose Wagner on Feb. 1 from a list of three candidates that also included Court of Criminal Appeals Judge Ross Dyer and Court of Criminal Appeals Presiding Judge Camille McMullen. Wagner will fill a vacancy that will occur when Justice Roger A. Page retires on Aug. 31. Wagner, 39, is a TBA member and alumna of the association's Leadership Law Program. She earned her law degree from the University of Memphis Cecil C. Humphreys School of Law and was appointed to the circuit court in 2016 by then-Gov. Bill Haslam. She won reelection in 2018 and 2022.

Posted by: Stacey Shrader Joslin on Mar 7, 2024

The U.S. House Energy and Commerce Committee unanimously advanced a bill today that would require TikTok’s China-based parent company ByteDance to divest the app or face a U.S. ban, The Hill reports. The “Protecting Americans From Foreign Adversary Controlled Applications Act,” advanced out of committee with overwhelming bipartisan support just two days after it was introduced by Reps. Mike Gallagher, R-Wisconsin, and Raja Krishnamoorthi, D-Illinois, the top lawmakers on the House Select Committee on the Chinese Communist Party. TikTok has pushed back on allegations that it poses national security risks based on its ownership by a Chinese company.

Posted by: Karen Belcher on Mar 7, 2024

Question: Does Tenn. Code Ann. § 40-11-118(d)(1)(B), requiring a defendant to report compliance or non-compliance with a bond condition to the District Attorney General, violate article I, section 9 of the Tennessee Constitution, by having the defendant communicate to the District Attorney General evidence against him or herself?

Opinion: No. Tenn. Code Ann. § 40-11-118(d)(1)(B) does not implicate protections against self-incrimination provided under article I, section 9 of the Tennessee Constitution.

Posted by: Karen Belcher on Mar 7, 2024

LARSEN, Circuit Judge. Charles O’Neill was charged with sexually exploiting a minor and receiving or distributing child pornography. He pleaded guilty to both charges but reserved the right to appeal the district court’s denial of his motion to suppress. For the following reasons, we AFFIRM the judgment of the district court.

Posted by: Karen Belcher on Mar 7, 2024

The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition then was circulated to the full court. Less than a majority of the judges voted in favor of rehearing en banc.


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