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Posted by: Karen Belcher on Nov 28, 2023

A Cumberland County jury convicted Defendant, Gregory Ryan Webb, of one count of domestic assault, a Class A misdemeanor, and the trial court sentenced him to eleven months, twenty-nine days in the county jail at seventy-five percent service. On appeal, Defendant argues: (1) the trial court erred by denying his pretrial motion to dismiss based on the State’s failure to preserve body camera footage from the crime scene; (2) there was insufficient evidence to support his conviction; and (3) his sentence was excessive. After review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Nov 28, 2023

Defendant, David Lyndel Cochran, stands convicted of one count each of aggravated rape and aggravated kidnapping. He appeals, arguing the evidence was insufficient to sustain his convictions and that the trial court erred in allowing a sexual assault nurse examiner to offer expert testimony. After review, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Nov 28, 2023

The Appellant, John Butler, entered a guilty plea to three counts of aggravated assault and one count of reckless endangerment with a deadly weapon and was placed on judicial diversion with a probationary period of six years. The State subsequently alleged that the Appellant violated his probation, and, following a hearing, the trial court revoked the Appellant’s diversion and entered judgments of conviction imposing an effective sentence of three years to be served in confinement. In this appeal, the Appellant contends the trial court erred in revoking the Appellant’s diversion and in ordering confinement. Upon our review, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Nov 28, 2023

The Hawkins County Grand Jury charged the Defendant, Kim Owen Alley,1 by presentment with one count of theft of $60,000 or more but less than $250,000, one count of transacting business as an unregistered broker-dealer, and one count of fraudulent acts or devices. A few months later, another presentment was issued charging the Defendant with two additional charges: one count of money laundering and one count of theft of $2,500 or more but less than $10,000.2 Prior to trial, the State entered a nolle prosequi for the theft count in the second presentment. Then, following the State’s proof at trial, the trial court dismissed all three charges from the first presentment because the evidence presented did not correspond to the dates alleged in the presentment. At the conclusion of the trial, the jury convicted the Defendant of the remaining money laundering count, and the trial court sentenced the Defendant as a Range I, standard offender to ten years’ incarceration with a release eligibility of thirty percent. On appeal, the Defendant argues: (1) the evidence is insufficient to sustain his money laundering conviction; (2) the trial court erred in providing a jury instruction for theft of property as a part of the jury instruction for money laundering after all the theft charges had been dismissed; and (3) his ten-year sentence is excessive. After review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Nov 28, 2023

A taxpayer appealed a County Board of Equalization’s property valuation to the State Board of Equalization. The State Board reduced the valuation. The County then sought judicial review. After a new hearing in which the trial court heard testimony from competing appraisers, it affirmed the State Board’s valuation. It also determined that the County’s request to reclassify the property was untimely. We affirm.

Posted by: Karen Belcher on Nov 28, 2023

In this breach of contract case, the trial court awarded Appellee damages for Appellant’s failure to perform his obligations under a construction contract in a workmanlike manner. Appellant appealed. Due to deficiencies in Appellant’s brief, we do not reach the substantive issues and dismiss the appeal.

Posted by: Paul Burch on Nov 28, 2023

The Texas State Bar told the state’s Supreme Court Monday that First Assistant Attorney General Brent Webster should face professional misconduct claims for his role in an unsuccessful challenge to Joe Biden's 2020 presidential win, Reuters reports. The bar's Commission for Lawyer Discipline, which polices attorney conduct, urged the court to allow its case to move forward, claiming Webster should be reprimanded for alleged dishonest statements. The case will test the power of the commission to enforce attorney ethics rules against members of executive agencies. Webster serves under Texas Attorney General Paxton who is currently fighting a misconduct case from the bar over his efforts to overturn the 2020 election.

Posted by: Paul Burch on Nov 28, 2023

A group of state supreme court justices and court administrators from around the U.S. will examine whether law schools are adequately preparing students for real-world practice, reports Reuters. The 12-member Committee on Legal Education and Admissions Reform is a joint effort by the Conference of Chief Justices and the Conference of State Court Administrators. The group will research legal education, admissions processes and a decline in the number of public interest attorneys. The committee will issue reform recommendations to state supreme courts in 2025. The National Conference of Bar Examiners will debut a new national bar exam in 2026 with a focus on practical skills over on law memorization.

Posted by: Paul Burch on Nov 28, 2023

Knox County prosecutors have dismissed charges against a Starbucks shift manager injured by Knox County sheriff's deputies, reports Knox News. The sheriff's office has opened an internal investigation into the man's arrest. Nashon Bain-Greenidge, a recent college graduate who worked at Starbucks to put himself through school, suffered serious cuts to his head and face and injuries to his hand when deputies arrested him outside the shop after he asked them why they had blocked entry to the parking lot. Knox News reports the deputies filed sparse and contradictory statements about the event. A sheriff's office spokesperson declined to answer whether either of the deputies has previously been the subject of civilian complaints.

Posted by: Paul Burch on Nov 28, 2023

Members of the TBA Young Lawyers Division (YLD) participated in two clinics last week donating an estimated $10,000 in legal services. Board members Paige Barbeauld and Shelby Silvey organized an Essential Documents for Essential Workers clinic in Montgomery County serving 35 members of the Montgomery County Fire and Clarksville Police Departments. In addition, Belmont University College of Law joined forces with the YLD and Rutherford County Recovery Court’s Re-Entry Program to host an expungement clinic at the county's Adult Detention Center and Work Center. Board members Alix Rogers, Ross Smith and YLD attorney Ginny Blake worked alongside 10 students to assist 48 clients and complete paperwork to expunge 176 charges. See photos from the events.


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