Shelby County Commissioner Mick Wright on Thursday sent a 20-page “letter of formal complaint” against Shelby County Clerk Wanda Halbert to Hamilton County District Attorney General Coty Wamp, the special prosecutor investigating Halbert’s handling of her duties. Wright says his case “reveals a clear pattern of intentional negligence.” The Daily Memphian reports that the complaint breaks down his reasoning for ousting Halbert into three sections: the abrupt closing of the clerk’s office in Germantown in 2020 and the Poplar Plaza shopping center earlier this year, as well as the expiration of leases in other locations; the backlog of car tags and vehicle registration renewals in 2022 that Wright describes as an “operational collapse;” and Halbert’s persistent complaints since taking office in 2018 that her office isn’t getting the funding it is entitled to from the county administration and can’t hire enough employees or get the proper equipment.

A story in Thursday’s TBA Today incorrectly noted the date of King Madison Hollands’ death. Hollands died on Dec. 20. Additionally, the photograph of Hollands was taken by John Partipilo for the Tennessee Lookout.

The County Officials Association of Tennessee has named Hamilton County Juvenile Court Clerk Gary Behler its 2023 State Court Clerk of the Year, reports the Hamilton County Herald. Behler has served as the juvenile court clerk in Hamilton County since his 2010 election. In 2018, the County Technical Assistance Service recognized Behler’s office as the first fully electronic state court clerk’s office in Tennessee. In addition, the court’s electronic filing system, implemented in 2022, was one of the first to serve juvenile courts in Tennessee. Behler is a certified public administrator as well as a certified county financial officer and he has served as an adjunct professor of criminal justice at the University of Tennessee at Chattanooga for 33 years.

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Defendant, Robert L. Cody, III, was convicted of conspiracy to possess 26 grams or more of cocaine with intent to sell within 1,000 feet of a drug-free zone (count one); possession of a firearm with intent to go armed during the commission of a dangerous felony (count two); possession of a firearm by a convicted felon (count three); and the jury found that Defendant committed a criminal gang offense (count ten) enhancing count one to a Class A felony. The trial court imposed an effective thirty-three year sentence to be served in the Department of Correction. On appeal, Defendant argues: (1) that the trial court erred by denying his motion to dismiss counts two and three for failure to charge an offense, and count ten of the presentment for failure to give proper notice of the gang enhancement; (2) that the trial court erred by failing to declare a mistrial after the State read the presentment to the jury; (3) that the trial court erred by excluding Investigator Jinks from the Rule of Sequestration; (4) that the trial court erred by admitting text messages that were not properly authenticated; (5) that the evidence was insufficient to support Defendant’s drug conspiracy conviction in count one; (6) that the criminal gang enhancement violated double jeopardy and the doctrine of collateral estoppel; (7) that the trial court erred in sentencing Defendant under the prior version of the Drug-Free Zone Act; and (8) that this court should resentence Defendant under the 2022 amendments to the Drug-Free Zone Act. Following our review of the entire record, oral arguments, and the parties’ briefs, we affirm the judgments of the trial court.

This case originated in general sessions court with the filing of a pro se civil warrant. The defendant also filed a cross-complaint against the plaintiff. The plaintiff’s civil warrant was quickly dismissed in the general sessions court. The defendant/cross-plaintiff eventually obtained a judgment against the plaintiff/cross-defendant. The plaintiff/cross-defendant promptly filed a notice of appeal. The trial court dismissed the plaintiff’s appeal of the dismissal of his civil warrant due to his notice of appeal being untimely. The trial court also dismissed the plaintiff’s appeal of the judgment on the cross-complaint for failure to prosecute. We reverse both rulings and reinstate the plaintiff’s appeal.

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In this divorce, the trial court evenly divided the marital estate and denied the wife’s request for alimony. It also ordered wife to pay the attorney’s fees and costs of a third party. On appeal, the wife challenges the court’s decisions on multiple grounds. After a thorough review, we find that the court erred in not dividing the profit from a business the husband created during the pendency of the divorce as marital property. And the court erred in ordering the wife to pay attorney’s fees and costs. We affirm in all other respects.

The University of Memphis Cecil C. Humphreys School of Law will host "The New Voices in Criminal Law," a symposium presented by Professor Stephen Galoob, the law school’s visiting Herff Chair of Excellence, on April 19, 2024. The symposium will present cutting-edge research regarding criminal law and the criminal legal system. Panels will feature scholars presenting emerging research along with commentary by some of the leading criminal legal scholars in the world. Read the announcement for the full list of presenters and commentators.

Lincoln Memorial University (LMU) Duncan School of Law Vice President and Dean Matt Lyon announced the promotion of Hesper Capps to director of student services earlier this month. Capps first joined LMU in 2014 with the Paul V. Hamilton School of Arts, Humanity and Social Sciences and later joined the staff of Duncan Law School in 2017. In her new position, Capps will provide support to students in all facets of their law school experience. “Hesper’s counseling background and years of experience … make her the perfect choice for this new position,” said Lyon. Read the full announcement.