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Posted by: Stacey Shrader Joslin on Feb 14, 2024

Shelby County General Sessions Judge Deborah Means Henderson was honored by the Shelby County Commission at its meeting on Feb. 5, the Administrative Office of the Courts reports. A resolution, sponsored by Commissioner Erika Sugarmon, noted Henderson’s career accomplishments and her work with the unhoused, as well as her recent election as president of the Tennessee General Sessions Judges Conference. Henderson is now the first Black woman elected president of any state judicial conference. Her service on the court includes efforts to establish a pre-litigation eviction mediation program to resolve disputes between landlords and tenants.

Posted by: Stacey Shrader Joslin on Feb 14, 2024

The Tennessee Supreme Court yesterday directed Wesley Shelman Spears to inform the court why discipline imposed in the state of Connecticut should not also be imposed in Tennessee. The court noted that Spears was suspended from the practice of law for two years by the Connecticut Superior Court in September 2023. That court found that Spears engaged in conduct that was prejudicial to the administration of justice and involved dishonesty or misrepresentation.

Posted by: Tanja Trezise on Feb 14, 2024

NALBANDIAN, Circuit Judge. Antwaun Allen pleaded guilty to possessing methamphetamine with intent to distribute. At sentencing, he sought a downward variance from his Guidelines range, raising the government’s role in his offense, policy critiques of the Guidelines’ treatment of meth purity, as well as other mitigating offense and character traits. The district court sentenced Allen to 108 months, at the bottom of his Guidelines range.

Allen makes three arguments on appeal. First, Allen claims the sentence is procedurally unreasonable because the district court failed to address the government’s provocation of his offense. Second, Allen claims that the sentence is procedurally unreasonable because the district court impermissibly ceded its sentencing discretion to Congress. Finally, Allen argues the sentence is substantively unreasonable because the district court exclusively relied on the meth’s weight and purity, as reflected in the Guidelines, to the neglect of his “whole person.” Because we conclude his three claims lack merit, we AFFIRM.

Posted by: Tanja Trezise on Feb 14, 2024

In this divorce case, Husband/Appellant appeals the trial court’s order: (1) awarding a Toyota 4-Runner to Wife/Appellee; (2) dividing the remaining debt on the vehicle between the parties; and (3) awarding Wife one-half of the attorney’s fees she incurred in the trial court. We reverse the trial court’s conclusion that the 4-Runner was Wife’s separate property and conclude that it was transmuted into marital property. We affirm the remainder of the trial court’s order. Wife’s request for appellate attorney’s fees is granted.

Posted by: Stacey Shrader Joslin on Feb 14, 2024

The 2024 TBA Leadership Law class met yesterday for its “Issues in Policy & Politics” program in Nashville. Class members heard from a number of legislators and state leaders. TBA Executive Director Sheree Wright led a panel discussion about the legislative process and what lawyers bring to the table when serving as legislators. Lawmakers participating in that session included Sen. Sara Kyle, D-Memphis, House Majority Leader William Lamberth, R-Portland, Rep. John Ray Clemmons, D-Nashville, and Rep. Johnny Garrett, R-Goodlettsville. Class members also heard from Anastasia Campbell, director of the Legislative Office of Legal Services, and Brandon Smith, chief of staff to Tennessee Attorney General Jonathan Skrmetti. See photos from the day.

Posted by: Stacey Shrader Joslin on Feb 14, 2024

On Jan. 26, the Tennessee Supreme Court temporarily suspended Alex Fletcher Thompson from the practice of law for failure to comply with an order from the court issued on Nov. 28, 2023. Thompson subsequently filed a petition for dissolution of the suspension and requested a hearing to challenge the Tennessee Lawyers Assistance Program’s interpretation of the order’s requirements. The board recommended that the dissolution petition be rejected on the grounds that Thompson did not establish good cause for a hearing. The court disagreed, saying Thompson had provided sufficient cause and directed the BPR to conduct an immediate hearing.

Posted by: Jamie Rhode on Feb 14, 2024

The Family Law Section executive council is accepting submissions of practice tips or updates for inclusion in this newsletter, which is distributed to the approximately 450 members of the Family Law Section. Submission length should be between a short paragraph and column-length (1,200 words), including endnotes. Please put any notes at the end and not at the bottom of each page, and include a brief biographical sketch (two to three sentences) separately from the text of the piece. To send in your piece, please email TBA staff coordinator Jamie Rhode by the third Monday of each month to allow for review by the executive council.

Posted by: Stacey Shrader Joslin on Feb 14, 2024

The Napier-Looby Bar Foundation will hold its 17th Annual Barristers’ Banquet and Awards Program on Feb. 22 at 14 Tenn in Nashville. A reception, beginning at 6 p.m. CST, will honor the late Judge Richard Dinkins. The program and awards presentation will follow beginning at 7 p.m. CST. Tickets are available for purchase online. Questions about the event may be emailed to the group. The foundation is the philanthropic arm of the Napier-Looby Bar Association, the Nashville affiliate of the National Bar Association.

Posted by: Laura Labenberg on Feb 14, 2024

The 2024 Estate Planning & Probate Forum will take place in person next Friday at the Embassy Suites, 820 Crescent Centre Dr. in Franklin. The forum is an excellent opportunity to meet and learn from top estate planning experts from across the state. Highlights of the day include a probate panel comprised of judges and clerk & masters from the state’s three grand divisions. Moderated by TBA Estate Planning & Probate Section Vice Chair Charles Frazier, these panelists will discuss best practices and answer questions from attendees. Other topics at the forum include how to navigate probate when there is no will, the Uniform Partition of Heirs Property Act, marital deductions, the Hamilton County public receiver initiative, legislative update and ethics. Breakfast and lunch will be provided. See the speaker line up and course agenda and register now!


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