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Posted by: Stacey Shrader Joslin on Nov 27, 2023

Sean Williams, a prison escapee indicted in connection with multiple counts of state and federal child sex charges as well as rape charges, has been captured in Florida after a month-long manhunt, KnoxNews reports. Williams had escaped from a transport van while being moved from Kentucky to the U.S. District Court in Greeneville. His alleged crimes and arrest have become the subject of several lawsuits in Johnson City, where he lived and worked.

Posted by: Stacey Shrader Joslin on Nov 27, 2023

The Governor’s Council for Judicial Appointments is now accepting applications for the Tennessee Supreme Court vacancy that will be created by the retirement of Justice Roger A. Page effective Aug. 31, 2024. Interested applicants must be licensed attorneys who are at least 35 years of age, have been a resident of the state for five years and are currently a resident of Tennessee’s Eastern or Western Grand Division. Applicants must complete the designated application and submit it to the Administrative Office of the Courts by noon CST on Dec. 11. Get full application instructions on the court's website. The council will meet on Jan. 4-5 to hold a public hearing and interviews for the vacancy. Additional details about that meeting will be released soon. Questions about the process should be directed to Assistant General Counsel John Jefferson.

Posted by: Stacey Shrader Joslin on Nov 27, 2023

Need last minute CLE? The TBA will have everything you need to meet your yearly requirement! Sign up now to stay in the loop as TBA launches its Year End CLE event on Friday. This annual tradition will offer hour-based packages (ranging from six to 15 hours of credit), topical packages, live interactive webcasts and more than 200 programs on demand. Want to get started before Friday? Check out the courses available now at cle.tba.org. Don’t forget to use the prepaid credits that come with your TBA Complete Membership and save on your CLE costs. Not a member? Join now to start saving.

Posted by: Stacey Shrader Joslin on Nov 27, 2023

Daryl Hall, one half of the iconic music duo Hall & Oates, has sued and obtained a restraining order against John Oates. Though much of the suit and the order remain under seal, the AP reports that Hall is trying to stop Oates from selling his share in the joint venture Whole Oats Enterprises LLP to a management company. Hall argues the sale would violate a business agreement the two had forged. The suit was filed in Nashville on Nov. 15. Chancellor Russell Perkins issued a temporary restraining order the next day. The case is set for a court hearing on Thursday.

Posted by: Stacey Shrader Joslin on Nov 27, 2023

The 5th U.S. Circuit Court of Appeals has unveiled a proposal that would require lawyers to certify that they either did not rely on artificial intelligence (AI) programs to draft briefs or that humans reviewed the accuracy of any text generated by AI in their filings. The court’s proposed rule appears to be the first by any of the nation's 13 federal appeals courts aimed at regulating the use of generative AI tools by lawyers appearing before it, Reuters reports.

Posted by: Barry Kolar on Nov 22, 2023

This appeal concerns the denial of a motion to intervene. John A. Watson, Jr. (“Watson”) moved to intervene in a lawsuit filed by James L. Coxwell, Sr. (“Coxwell”), by and through his attorney-in-fact, Cam Coxwell Shiflett, against Watco Communities, LLC (“Watco”) and MountainBrook Assisted Living, LLC (“MountainBrook”) (“the Companies,” collectively). Watson and Coxwell were once in business together but had a falling out. Coxwell sued to recover money he had loaned the Companies. Coxwell and the Companies reached a settlement, and an agreed order was entered to that effect. Watson’s motion to intervene came after entry of the agreed order and his having known about the litigation for many months. Watson objects to language in the agreed order between Coxwell and the Companies providing for joint and several liability by the Companies, which he says is unfavorable to his interests. The Chancery Court for Sevier County (“the Trial Court”) denied Watson’s motion to intervene, citing untimeliness. Watson appeals. We find no abuse of discretion in the Trial Court’s denial of Watson’s motion to intervene. We affirm.

Posted by: Barry Kolar on Nov 22, 2023

Rebecca F. B. (“Mother”) appeals the termination of her parental rights to her children Christabell B., Ashtynn B., Colton B., and Elan B. (Colton B. and Elan B. collectively, “Minor Children”; the Minor Children, Christabell B., and Ashtynn B. collectively, “Children”).2 The Chancery Court for Maury County (“trial court”) granted a default judgment against Mother and terminated her parental rights based on several statutory grounds: abandonment; persistent conditions; and failure to manifest an ability and willingness to assume legal and physical custody. We conclude that the ground of abandonment was not proven by clear and convincing evidence, and therefore reverse the trial court’s judgment as to that ground. However, we affirm the trial court’s findings as to the other statutory grounds and its finding that termination of Mother’s parental rights is in the Minor Children’s best interests.

Posted by: Barry Kolar on Nov 22, 2023

Petitioner, Detrick Turner, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding that he received the effective assistance of counsel. He argues that appellate counsel was ineffective for failing to communicate and failing to raise additional issues on appeal. Following our review of the entire record, including the briefs of the parties, and the applicable law, we affirm the judgment of the post-conviction court.

Posted by: Barry Kolar on Nov 22, 2023

Defendant, Rony Noe Ambrocio Cruz, was convicted by a Cumberland County jury of second degree murder. The trial court sentenced Defendant to twenty-five years to serve at 100%. On appeal, Defendant argues that the evidence was insufficient to support his second degree murder conviction. He also contends that the trial court erred in sentencing when it applied an enhancement factor related to his immigration status. After a thorough review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Posted by: Barry Kolar on Nov 22, 2023

A special three-judge panel of state court judges has found Tennessee state Senate district boundaries are unconstitutional, the Tennessean reports, giving the General Assembly until Jan. 31 to redraw the lines. Three voters, backed by the state Democratic party, sued Tennessee in 2022 over allegations that legislative Republicans unconstitutionally drew House and Senate maps to further entrench the GOP supermajority in the legislature.  The judicial panel sided with the state on the House map, with two of the three judges ruling it met constitutional requirements. Read the decision.


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