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Posted by: Stacey Shrader Joslin on Mar 6, 2024

Franklin trial attorney and former police officer David Veile won the Republican primary for the 21st Judicial District Circuit Court seat yesterday, defeating incumbent appointee Erin Nations. He will advance to the general election, but with no Democratic opponent currently on the ballot, he likely will be unopposed. Veile is a former TBA Board of Governors member and former president of the TBA Young Lawyers Division. Gov. Bill Lee had appointed Nations to the court following Judge Michael Binkley’s retirement in September 2023. Nations said she will support Veile’s transition into the role, according to the Williamson Herald.

Posted by: Stacey Shrader Joslin on Mar 6, 2024

Stephen Hatchett won a three-way race for the Republican nomination for district attorney in the 10th Judicial District, defeating incumbent appointee Shari Tayloe and fellow challenger and former state lawmaker Jeff Miller. Hatchett won more than 36% of the total vote in the district that serves Bradley, McMinn, Monroe and Polk counties. Tayloe netted 34% while Miller drew about 30%. Gov. Bill Lee appointed Tayloe in July after longtime DA Stephen Crump resigned to take over as executive director of the Tennessee District Attorney General's Conference. No Democratic candidates were on the ballot for the seat, so Hatchett will be unopposed in August and sworn in Sept. 1, Chattanooga Times Free Press reports.

Posted by: Stacey Shrader Joslin on Mar 6, 2024

Hamilton County General Sessions Judge Alex McVeagh yesterday won the Republican nomination for a Circuit Court judge seat according to the Chattanooga Times Free Press. McVeagh and Chattanooga attorney Michele Coffman were both seeking the nomination in the race to replace former Circuit Court Judge Marie Williams, who stepped down from the bench six years before her term was set to expire. McVeagh received 17,365 votes to Coffman's 12,599. See all county primary election results.

Posted by: Stacey Shrader Joslin on Mar 6, 2024

Stephanie Williams yesterday won the Democratic primary for the Davidson County Circuit Court Division IV judge seat, which is responsible for divorces and adoptions. With no Republicans in the race, Williams effectively won the August general election as well, the Nashville Post reports. She defeated Tusca Alexis, Audrey Anderson and Stan Kweller, who had been appointed to the position in January 2023 by Gov. Bill Lee following the death of Judge Philip Smith. Kweller finished in fourth place with 9% of the vote. He will remain in the seat until the general election. In Robertson County, Ashleigh L. Travis won the Republican primary for Circuit Court judge Part VI. She was unopposed, the Tennessean reports.

Posted by: Karen Belcher on Mar 6, 2024

Appellant filed a premises liability claim against the defendant store after she fell at its entrance. The trial court granted the defendant summary judgment. We affirm.

Posted by: Karen Belcher on Mar 6, 2024

JULIA SMITH GIBBONS, Circuit Judge. We confront a question of first impression in this Circuit: when, under § 207(f) of the FLSA, do an employee’s job duties “necessitate” irregular hours?

Posted by: Karen Belcher on Mar 6, 2024

A Montgomery County jury convicted the Defendant, Anthony Duane Gray, Jr., of assault, kidnapping, possession with intent to sell or deliver heroin, four counts of possession with the intent to sell or deliver four different scheduled drugs, and possession of drug paraphernalia. The trial court sentenced him as a Multiple Offender to an effective sentence of fourteen years of incarceration. On appeal, the Defendant contends that: (1) the trial court erred when it denied his motion to sever his offenses; (2) the trial court erred when it denied his motion to suppress evidence found during the search of a motel room; (3) the trial court erred with it denied his motion to suppress evidence obtained from the search of two cell phones; (4) the State violated his right to due process by intentionally allowing false testimony; (5) the trial court erred when it denied his motion for a judgment of acquittal to the charge of especially aggravated kidnapping; (6) the evidence was insufficient to sustain his conviction for kidnapping; and (7) the trial court erred when it denied his motion for new trial. After review, we affirm the trial court’s judgments.

Posted by: Karen Belcher on Mar 6, 2024

This is the second interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B, filed by the appellants seeking to recuse the trial judge in the underlying conservatorship action. After this Court entered its opinion and judgment in the first interlocutory appeal, the trial judge entered several orders before the mandate was entered with the trial court. In this second interlocutory appeal, appellants request, inter alia, that we declare those orders void for lack of subject matter jurisdiction. After careful review, we determine that the stay of trial court proceedings imposed by this Court in the first interlocutory appeal remained in place until the mandate was entered. Taking into consideration the limits of our review in a Rule 10B appeal, we vacate the trial court’s orders entered between the time the appellants filed their second motion to recuse and the trial court’s ruling on the recusal motion. We also vacate the trial court’s order denying the second motion to recuse. Because the trial court’s order denying the second motion to recuse is vacated, all remaining matters in this second interlocutory appeal are pretermitted as moot.

Posted by: Karen Belcher on Mar 6, 2024

The mother of an incarcerated person filed suit against the prison operator for injuries allegedly sustained when a chair in the prison visitation room collapsed as she sat in it. The trial court denied the mother’s motion for sanctions based upon allegations of spoliation of evidence. The trial court then granted summary judgment in favor of the prison operator. We affirm the trial court’s decisions on both motions.

Posted by: Karen Belcher on Mar 6, 2024

The Circuit Court for Sevier County (“the Trial Court”) dismissed the motion for summary judgment filed by Stephen Boesch (“Plaintiff”) due to his failure to file a separate statement of undisputed material facts in accordance with Tennessee Rule of Civil Procedure 56.03. The Trial Court additionally denied Plaintiff’s oral motion for default judgment against Scott D. Hall (“Defendant”) and granted Defendant’s motion for summary judgment. Plaintiff has appealed. Upon our review, we affirm the Trial Court’s judgment.


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