Michael Lee Woods, Jr., Defendant, was convicted by a jury of two counts of first degree murder, one count of felony murder, one count of attempted first degree murder, one count of employing a firearm during the commission of a dangerous felony, and one count of possession of a firearm after having been convicted of a felony drug offense. The convictions stemmed from an incident that left two people dead and one person paralyzed. Defendant was sentenced to an effective sentence of two consecutive life sentences plus 10 years. Following the denial of a motion for new trial, Defendant appealed, challenging: (1) the trial court’s decision to permit the State to introduce evidence of Defendant’s involvement in two unrelated shootings in violation of Tennessee Rule of Evidence 404(b); (2) the trial court’s decision to permit the State to introduce a video clip in which Defendant is seen brandishing a gun; (3) the sufficiency of the evidence with respect to the convictions for first degree murder, felony murder and attempted first degree murder; and (4) his sentence. Defendant also alleges that cumulative errors during the trial entitle him to reversal of the convictions. Because trial counsel failed to object to the introduction of evidence about the two unrelated shootings as well as the video clip of Defendant brandishing a gun and Defendant failed to establish all five factors necessary for plain error review, he is not entitled to relief on those issues. Moreover, we determine that the evidence was sufficient to support the convictions and that the trial court did not abuse its discretion in sentencing Defendant. Consequently, the judgments of the trial court are affirmed. However, we remand the matter to the trial court for correction of the judgment form in Count 5 to reflect that the sentence runs consecutively to Counts 1, 2, and 4.

The petitioner, Shawn Rafael Bough, appeals the Knox County Criminal Court’s summary denial of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Discerning no error, we affirm.

Petitioner/Appellee Matthew Long (“Long”) applied for disability pension benefits due to Post-Traumatic Stress Disorder (“PTSD”) caused by various traumatic events he experienced during his time as a firefighter with the Chattanooga Fire Department (“CFD”). The Board of Trustees (the “Board”) for Respondent/Appellant Chattanooga Fire and Police Pension Fund (the “Fund”) denied Long’s application. Long filed a Petition for Writ of Certiorari with the Chancery Court for Hamilton County (the “trial court”) seeking a reversal of the Board’s decision. Finding that the Board’s decision was arbitrary and capricious, the trial court reversed the denial of Long’s application. The trial court also denied a motion to alter or amend filed by the Fund. Following thorough review, we affirm the judgment of the trial court.

At issue in this appeal is the classification and division of marital property from a nearly 22-year marriage. The trial court divided the marital property 50/50. The husband appeals. We modify the trial court’s judgment to divide the marital property 75% to the husband and 25% to the wife. In all other respects, the judgment is affirmed.

Davidson County Fourth Circuit Court Judge Stan Kweller has announced that he is running for a full term. Kweller, who has more than 40 years of experience in the legal profession, was appointed to fill a vacancy on the court in January 2023 following the death of Judge Phil Smith. The special election to fill the seat will coincide with the presidential primary election on March 5, 2024. Read Kweller’s official announcement or learn more about his campaign at kwellerforjudge.com.

Week of December 11, 2023 - December 15, 2023

SUTTON, Chief Judge. Da’Rell Winters sought to appeal the district court’s decision denying his application for habeas relief. But he did not receive the district court’s notice in time to appeal. When he eventually did file a notice of appeal on his own behalf, he explained the reason for his delay without formally seeking to reopen the time to appeal. This explanation, we hold, sufficed to allow the district court to construe his notice as a motion to reopen. We therefore deem his appeal timely.

Tennessee Attorney General Jonathan Skrmetti recently filed what his office says is the “first-of-its-kind consumer protection lawsuit” against asset manager BlackRock Inc. The complaint alleges that Blackrock made false or misleading representations to current and potential consumers about the extent to which Environmental, Social and Governance (ESG) considerations affected its investment strategies. Skrmetti said, “BlackRock’s inconsistent statements about its investment strategies deprived consumers of the ability to make an informed choice.” The enforcement action seeks injunctive relief, civil penalties and recoupment of the state’s costs. Read more in a release from the attorney general’s office. 

Ashley McKenzie Smith — the mother of Jaylin McKenzie — has filed a pro se complaint in federal court against the Memphis Police Department and the city of Memphis for the death of her son. According to the Commercial Appeal, Smith alleges her son was killed in December 2022 during a high-speed police pursuit that followed a failed attempt to pull over his vehicle. The Shelby County District Attorney's Office announced this past fall it would not charge the police officer involved in the shooting, but would provide refresher training.

The Community Legal Center (CLC) will hold its Pro Se Parent's Clinic tomorrow and Thursday from 9 a.m. to noon and on Wednesday from 9 a.m. to 2 p.m. CST. The clinic assists non-custodial parents obtain visitation rights and those seeking uncontested divorces with minor children. For more information visit the CLC online or email tinap@clcmemphis.org. On Thursday, Memphis Area Legal Services will hold its Courthouse Legal Advice Clinic from 1-3 p.m. CST at the Shelby County Courthouse. This clinic helps pro se litigants with an active or post judgment case in General Sessions Court. Attorneys willing to help can volunteer online.