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Posted by: Paul Burch on Oct 31, 2023

TBA's Immigration Law Section will present Immigration Law Basics, an introductory-level CLE program, virtually on Nov. 16. This event is designed to provide law school students, new attorneys, and attorneys seeking a new practice area with the necessary knowledge and insight to become familiar with the fundamentals of immigration law. Learn more or register here. Participants will become acquainted with the basics, including: • Key terminology and concepts • Sources of immigration law and agencies involved • Different types of immigrant and non-immigrant visas—both employment-based and family-based • Deportation and removal proceedings • Potential avenues for humanitarian relief Schedule: 1-2pm CT: Immigration Law 101 - Elaine Witty 2-3pm: Five Easy Pieces...To Successfully Launch Your Immigration Practice - Linda Rose

Posted by: Kate Prince on Oct 31, 2023

The TBA Podcast Network is home to a collection of podcasts for Tennessee attorneys. BarBuzz is a monthly rundown of TBA news and upcoming events at the local and state bar levels while Legislative Updates covers activity in the General Assembly, and the Young Lawyers Division offers "War Stories," which features seasoned attorneys talking about lessons learned while practicing law. All shows are now available on Spotify, Apple Podcasts, Google Play, Stitcher, TuneIn and the TBA's website. Simply search the show title or "Tennessee Bar Association" wherever you listen to podcasts.

Posted by: Paul Burch on Oct 30, 2023

The widow of audio engineer Mark Capps is suing Metro Nashville and the police officer who shot and killed Capps at his home in January, reports the Tennessean. The lawsuit contends the Nashville Police Department fostered a "culture of fear, violence and impunity" among its officers and failed to adequately reform its policies and practices to prevent mental health-related police shootings. In January, three Nashville SWAT officers responded after Capps threatened to kill himself and his family. Capps was shot after he opened the front door once the officers were on his porch. The lawsuit challenges MNPD's narrative that Capps was armed.

Posted by: Paul Burch on Oct 30, 2023

United Auto Workers (UAW) President Shawn Fain announced today a new contract between autoworkers and GM and suspended the stand-up strike in effect for the three largest U.S. automakers, reports the Tennessean. UAW reached a tentative agreement with Ford on Wednesday and another with Stellantis on Saturday. If ratified, Fain said GM salaried workers will be given a 25% general wage increase and the return of cost of living adjustments. Ford, G.M. and Stellantis have announced car prices would increase to maintain their profits. The GM assembly plant in Spring Hill is GM's largest in North America with nearly 4,000. According to the Tennessee Economic and Community Development department, the state is the number one auto employer in the southeast.

Posted by: Paul Burch on Oct 30, 2023

A three-judge panel of the Ninth U.S. Circuit Court of Appeals has ruled unanimously that a group of health care providers can sue the state of Arizona over a law banning abortions from being performed solely because the fetus has a genetic abnormality. Reuters reports the panel did not address the merits of the challenge, finding only that the providers are entitled to pursue it in court. The providers, two doctors and medical associations, said the law was so vague they did not know when it applied. The panel found that the economic loss of not performing abortions that they otherwise would perform was enough to go forward with the lawsuit. The law was signed by Republican then-Gov. Doug Doucey in 2021 and makes nearly all abortions a crime punishable by prison. Arizona Attorney General Kris Mayes, a Democrat elected in 2022, has said she would not enforce it.

Posted by: Karen Belcher on Oct 30, 2023

CHAD A. READLER, Circuit Judge. An unfortunate series of errors by a Kentucky trial court coupled with inmate Albert Jones’s failure to appeal those mistakes resulted in Jones serving a longer sentence than he was promised by prosecutors. In that respect, the Commonwealth of Kentucky seems to have wronged Jones. The case before us, however, is not the vehicle for remedying that wrong. Defendants—state corrections officials—neither caused nor contributed to Jones’s over-incarceration, nor could they unilaterally remedy the matter, which was dictated by two court orders. Because Jones comes well short of showing that defendants deliberately failed to act (or took only ineffectual action), let alone caused Jones’s allegedly improper sentence, defendants are entitled to an award of qualified immunity. Accordingly, we reverse the judgment of the district court.

Posted by: Karen Belcher on Oct 30, 2023

A Knox County jury convicted the Petitioner, Richard Williams, III, of several offenses, including attempted first degree murder. He later filed a petition for post-conviction relief, asserting that he was denied the effective assistance of counsel. The post-conviction court dismissed the petition after finding that it was untimely and that principles of due process did not toll the running of the statute of limitations. On appeal, the Petitioner argues that the post-conviction court did not adequately consider the impact of the COVID-19 pandemic on his ability to access the prison library and, therefore, to timely file his petition. We respectfully disagree and affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Oct 30, 2023

The Defendant, Glen Edward Miller, pleaded guilty to two counts of robbery and two counts of kidnapping, and the trial court sentenced him to a twelve-year effective sentence, to be served on probation after one year of confinement. In response to the Defendant’s second proven probation violation, the trial court ordered him to serve the balance of his sentence in confinement. On appeal from this judgment, the Defendant contends that: (1) the trial court improperly admitted hearsay evidence; (2) the evidence is insufficient to prove that he violated his probation; and (3) the trial court erred when it ordered him to serve the balance of his sentence in confinement. After review, we affirm the trial court’s judgment.

Posted by: Karen Belcher on Oct 30, 2023

The Defendant, Nicole L. Lindholm, appeals the trial court’s imposition of an effective five-year sentence in the Tennessee Department of Correction for her convictions for aggravated assault, a Class C felony, and reckless endangerment with a deadly weapon, a Class E felony, which followed the trial court’s revocation of her probationary sentence on judicial diversion. The Defendant argues on appeal that the trial court imposed an excessive sentence and erred by denying her request for probation. Based on our review, we affirm the sentence imposed by the trial court.

Posted by: Karen Belcher on Oct 30, 2023

A Hawkins County jury convicted the Defendant, Christopher James Funk, Sr., of driving under the influence of an intoxicant and possessing a firearm while under the influence of alcohol. The trial court sentenced the Defendant to concurrent sentences of eleven months and twenty-nine days after service of forty-eight hours in custody. On appeal, the Defendant argues that the trial court erred in denying both his motion to suppress and his subsequent motion for an interlocutory appeal. The State asserts that the Defendant waived any issue regarding his motion to suppress by failing to file a motion for a new trial. It also argues that the denial of an interlocutory appeal may not be challenged in a later direct appeal. On our review, we agree with the State and respectfully affirm the trial court’s judgments.


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