The appellant challenges his convictions on two charges of criminal contempt for violating an order of protection prohibiting him from contacting his former partner. The convictions arise from two communications between the appellant and the appellee when exchanging their minor child. We have determined that the underlying orders lack the required level of clarity and contain significant ambiguities. We, therefore, reverse the convictions.

This is an appeal from a final order affirming the Tennessee Bureau of Investigation’s denial of a request for termination of registration on the Sex Offender Registry. Because the appellant did not file his notice of appeal with the clerk of the appellate court within thirty days after entry of the final judgment as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Two neighboring property owners had the right to use the same easement for ingress and egress. For many years, the neighbors used and maintained a shared gravel road to access their properties. Then one property owner unilaterally removed gravel from part of the road and created an alternate route. The other property owner filed suit, seeking to protect his easement rights. The trial court held the owner who damaged the road liable for “acting beyond his legal rights” and “changing the nature and character of the easement.” Among other things, the court awarded the damaged party a judgment for the costs of the repairs plus pre-judgment interest and a permanent injunction. Because the evidence preponderates against the damages awarded, we modify the judgment by reducing the award. We also vacate the permanent injunction because the damaged property owner did not seek that relief. We affirm the trial court in all other respects.

Election Day is tomorrow and across the state, voters will see signs at their polling place reminding them they must be a "bona fide" member of a political party in order to vote in that party's primary election, reports the Knoxville News Sentinel. Former Knoxville Mayor Victor Ashe, a Republican, sued the state along with Democrat Phil Lawson and the League of Women Voters of Tennessee, alleging that the signs are meant to intimidate and confuse voters. The suit claims that there is no legal mechanism to determine whether a voter has "bona fide" party credentials or not. Tennessee has open primary elections, which allow any voter to  select any ballot at the polls, including selecting different party ballots in different election years. Judge Eli Richardson dismissed the suit, writing that the plaintiffs' argument cannot be applied because they are unable to prove that the law actually confuses and suppresses voters.

In this interlocutory appeal, the employer contests an order awarding medical benefits. The employee reported an injury to her shoulder and arm while grooming a dog, and the employer initially provided benefits. Several months later, at her first visit with an authorized pain management physician, the employee described having hit her head during the incident, and the physician referred her to a neurosurgeon for evaluation of symptoms in her cervical spine. After the neurosurgeon recommended surgery, the employer denied the procedure based on defective notice. Following an expedited hearing, the trial court ordered the employer to provide surgery as recommended by the employee’s neurosurgeon. The employer has appealed. After careful consideration, we affirm the trial court’s award of medical benefits and remand the case.

A bill is moving through the Tennessee General Assembly that would remove the requirement that foster and adoptive families be vaccinated against flu and whooping cough. HB1726/SB2359, introduced by Rep. Ron Gant, R-Piperton, and co-sponsored by Sen. Bo Watson, R-Hixson, will be discussed in the Civil Justice Committee on Wednesday. WSMV reports that the bill exempts an individual or member of an individual’s household from the Department of Children’s Services (DCS) immunization requirements for adopting or fostering a child if they object on the basis of religious or moral convictions. The Federal Administration for Children and Families requires caregivers of infants to have an up-to-date whooping cough and influenza vaccine.

The Tennessee Bar Association is now accepting nominations for its 2024 Claudia Jack Award and Justice Frank F. Drowota III Outstanding Judicial Service Award. The Claudia Jack Award honors an outstanding public defender or court-appointed private practitioner who has served the legal community and clients in an exemplary fashion. It is named after the late Claudia Jack, a public defender and long-time champion of the poor and underprivileged. The Drowota Award is given to a judge or judicial branch official of a federal, state or local court in Tennessee who has demonstrated extraordinary devotion and dedication to the improvement of the law, the legal system and the administration of justice, as exemplified by the career of former Tennessee Supreme Court Justice Frank F. Drowota III. The deadline to submit nominees for both awards, which will be presented at the TBA Annual Convention in June, is April 1.

The March/April 2024 issue of the Tennessee Bar Journal is now available online! Laura Kidwell brings readers a timely primer on the final judgment rule — and its exceptions — in Tennessee civil actions in this issue's cover story. We're saying heartfelt goodbyes to Barry Kolar in the feature story from former Journal editor Suzanne Craig Robertson. Our thanks to all the staff, former TBA presidents and other friends who contributed to this article! Russell Fowler is back with another fascinating history lesson, this time about a former Tennessee governor who was tried for assault and defended by Francis Scott Key, and Wade Davies' Crime & Punishment column delves into the question of when to notify the Tennessee attorney general before proceeding with a claim challenging the constitutionality of a statute. You can also catch up on the TBA's grassroots advocacy efforts, especially around funding for indigent representation, staffing news, a save the date for TBA's Day on the Hill and Big Shrimp reception, and more!

For the first time in over a decade, U.S. Citizenship and Immigration Services (USCIS) has reduced its backlog. Data for fiscal year (FY) 2023 released last month indicates that USCIS completed more than 10 million pending cases, resulting in an overall backlog reduction by 15%. The agency administered the Oath of Allegiance to more than 878,500 new U.S. citizens, effectively eliminating the backlog of naturalization applications. The median processing time for naturalization applicants decreased from 10.5 months to 6.1 months by the end of FY 2023. In FY 2024, the agency plans to address remaining delays, adopt a new fee schedule, implement new online filing tools and continue to build capacity to process asylum and refugee applications. More information is available on USCIS's website.

With district mock trial competitions wrapping up last week, the stage is now set for the 43rd Annual Tennessee State High School Mock Trial Competition. More than 100 teams from across the state competed in eight district competitions leading up to the selection of the teams to participate in the finals. Agathos Classical School (Columbia), Chattanooga Southeast Home Education Association (CSTHEA — Chattanooga), Central Magnet High School (Murfreesboro), Clarksville High School (Clarksville), East Hamilton High School (Ooltewah), Farragut High School Blue (Knoxville), Farragut High School Grey (Knoxville), Montgomery Bell Academy (Nashville), St. Mary's Episcopal School Marigold (Memphis), St. Mary's Episcopal School Orchid (Memphis), Sevier County High School (Sevierville), Signal Mountain High School (Signal Mountain), Unicoi County High School (Erwin) and the University School of Nashville (Nashville) will compete in Nashville on March 22 and 23 at the Metropolitan Courthouse. Special thanks is due to the lawyers who coordinated district competitions across the state: Caroline Rogers (District 1), Celia Ball and Isaac Westling (Districts 2, 3 and 4), Mary Frances DeVoe and Alex McVeagh (District 5), Morgan Hanna (District 7), Paige Barbeauld and Lindsey Ralston (Districts 8 and 10), Hayley Baker, Pooja Bery, Caleb Hogan and Richard Swor (District 9),  Dylan Harper (District 11), and Brande Boyd and Faith Watson (District 14). The TBA YLD's version of "March Madness" is under the direction of Ashley Tipton, chair, and Michael Holmes, vice chair. Zack Walden serves as the long range planning coordinator. The mock trial competition is the largest public service project of the TBA.