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Posted by: Paul Burch on Dec 26, 2023

The number of whistleblowers receiving awards from the Securities and Exchange Commission (SEC) dropped sharply in fiscal year 2023, reports Bloomberg Law. The agency received more than 18,000 tips in the fiscal year ending Sept. 30, a 50% jump from the previous year, according to the SEC annual report to Congress. Only 68 tipsters received awards, compared to more than 100 in 2021 and 2022. The lure of payouts, such as the $279 million that went to one tipster last year, along with no increase in the program’s budget, may be taxing the SEC’s ability to keep up with the intent of the legislation.

Posted by: Paul Burch on Dec 26, 2023

The Democratic primary for Shelby County General Sessions Court clerk will be held March 5, 2024, with early voting from Feb. 14-27. Incumbent Joe W. Brown and four other Democrats, Rheunte E. Benson, Shelandra Yvette Ford, Tami Sawyer and George Dempsy Summers, are vying for the nomination. Lisa Arnold is the sole Republican candidate to meet candidate requirements and will appear on the Aug. 1 ballot against the winner of the Democratic primary. The clerk is responsible for keeping records and funds for both the civil and criminal court divisions. Read more about the candidates.

Posted by: Paul Burch on Dec 26, 2023

TBAs CLE-Palooza offers webcast replays for all your CLE end-of-the-year requirements through Dec. 31. Webcasts include the Positive Psychology and Leadership Hour and Ethics Homeshow available now, Ethics Update on Dec. 28, Document Management and Retention on Dec. 29, Legislative Update 2023 on Dec. 30 and Eight Reasons Movie Lawyers Would Be Disciplined on Dec. 31. Visit our CLE course schedule for more info and get all your CLE credits before Dec. 31.

Posted by: Julia Wilburn on Dec 21, 2023

Don't forget, the TBA's 12 Days of Ethics ends Friday. Earn all of your ethics hours before the Dec. 31 deadline with the Ultimate Ethics CLE Package which offers up to eight hours of dual credit. Sessions include our popular Ethics Homeshow, updates from the Board of Professional Responsibility and ethics violations in the movies. Also check out our Attorney Wellness Package for five dual CLE hours. Topics include coping skills, setting work boundaries and mindfulness. Discover our other packages or choose from more than 200 on-demand programs. Sign up now!

Posted by: Paul Burch on Dec 21, 2023

The special prosecutor investigating Shelby County Clerk Wanda Halbert reported to Shelby County commissioners that “to date, we have not received in writing one formal complaint or grievance in the form of an email, letter or any other type of documented correspondence," according to the Daily Memphian. Hamilton County District Attorney General Coty G. Wamp is serving as special prosecutor to investigate if there are grounds for a move to oust Halbert from her position for mismanagement of the office. Wamp said Halbert’s tenure as clerk has included a backlog of registration renewals and violation of state law governing the release of public records requested in the probe. Halbert has denied wrongdoing and said her office has not received full funding from the county administration.

Posted by: Tanja Trezise on Dec 21, 2023

SUTTON, Chief Judge. Edgardo Esteras appeals the district court’s order revoking his supervised release and sentencing him to 24 months in prison. We affirm the district court’s revocation order for the reasons that follow.

Posted by: Tanja Trezise on Dec 21, 2023

The defendant, Cantrell Devon Hodges, pleaded guilty to two counts of possession of a firearm after having been convicted of a felony drug offense, two counts of possession of marijuana with intent to sell or deliver, and one count of possession of drug paraphernalia after the trial court denied his motion to suppress evidence recovered from his home. As part of his plea agreement, he reserved a certified question of law for appeal, challenging the denial of his motion to suppress. Because the certified question is not dispositive of the case as required by Tennessee Rule of Criminal Procedure 37(b)(2)(A), we dismiss the appeal.

Posted by: Tanja Trezise on Dec 21, 2023

A Shelby County jury convicted the Petitioner, Dariun Bailey, of second-degree murder, aggravated assault, and reckless endangerment, and the trial court sentenced him to twentytwo years of incarceration. State v. Bailey, No. W2015-00542-CCA-R3-CD, 2016 WL 3645141, at *1 (Tenn. Crim. App. June 29, 2016), perm. app. denied (Tenn. Oct. 20, 2016). This Court affirmed his convictions on appeal. The Petitioner filed a timely petition for post-conviction relief in which he alleged, as relevant to this appeal, that his trial counsel: failed to adequately review and inspect discovery, coerced the Petitioner into testifying, and failed to adequately meet with the Petitioner to review the evidence and prepare him for trial. The post-conviction court dismissed the petition after a hearing. After review, we affirm the post-conviction court’s judgment.

Posted by: Stacey Shrader Joslin on Dec 21, 2023

A number of lawyers have been reinstated after being suspended for not paying their annual registration fee to the Board of Professional Responsibility. They include 25 lawyers who did not pay their fee in 2023, three who did not pay the fee in 2022, one who did not pay the fee in 2021 and one who did not pay the fee in 2012. The TBA has records of all administrative suspensions and reinstatements going back to 2005. See all lists here.

Posted by: Tanja Trezise on Dec 21, 2023

In denying appellees’ motion to remove an estate’s personal representative, the trial court adopted appellees’ proposed findings of fact verbatim and proposed conclusions of law “to the degree they [were] not in conflict with [the] court’s order.” The proposed findings and conclusions were signed by the trial court judge and attached to the order. Because we cannot ascertain whether the trial court’s order represents its independent judgment, we vacate the order of the trial court and remand for the entry of an order that reflects that it is the product of the trial court’s individualized decision-making and independent judgment.


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