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Posted by: Barry Kolar on Oct 26, 2023

Funeral services have now been scheduled for Memphis attorney and civic leader Ricky Wilkins, who died last week. Visitation will be Friday from 5 to 7 p.m. CDT at First Baptist Broad, 2835 Broad in Memphis. Funeral services will be Saturday at 10:30 a.m., also at First Baptist Broad. A memorial reception will be held on Saturday from 1:30 to 4:30 p.m. at Serenity Columbarium and Memorial Garden, 1638 Sycamore View Rd. in Memphis.

Posted by: Barry Kolar on Oct 26, 2023

The National Conference of Bar Examiners (NCBE) will continue offering the existing Uniform Bar Exam through February 2028, while also offering the new Next Gen Bar Exam starting in July 2026, Reuters reports. The NCBE said in September that the test in its current form would retire after the July 2027 exam, but some state courts have said they need more time to adopt the new test. The decision of which bar exam each state uses lies with individual states.

Posted by: Tanja Trezise on Oct 26, 2023

MATHIS, Circuit Judge. Rajon Jamison challenges the enhanced sentence he received under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), after pleading guilty to a federal firearm offense. We must decide whether a violation of Michigan’s felony-firearm statute is a “violent felony” under the ACCA when a juvenile is convicted of that offense for possessing a firearm while committing second-degree murder. For the reasons below, we hold that it is. Thus, we affirm.

Posted by: Tanja Trezise on Oct 26, 2023

THAPAR, Circuit Judge. Donald James seeks a writ of habeas corpus. When the Michigan Court of Appeals upheld his conviction, it stated that a weapon tied James to the crime scene. No evidence supported this finding. But when it comes to habeas, even serious errors aren’t enough to warrant relief by themselves. Petitioners need to show a violation of the Constitution or federal law. Here, James needs to prove the state had insufficient evidence to convict him. He hasn’t, so we affirm.

Posted by: Tanja Trezise on Oct 26, 2023

KAREN NELSON MOORE, Circuit Judge. Bradley Grote died of acute methamphetamine intoxication three days after his arrest and detention at the Kenton County Detention Center in Covington, Kentucky. Although Grote was visibly in distress when put in a booking cell at the jail, the jail’s medical provider failed to render any treatment at all or seek further medical attention from a doctor on call or emergency medical services. Grote’s case exposes myriad failures by county and jail officials, including a lack of basic knowledge concerning overdoses and how to respond to them. Under the facts of this case, we hold that a jury could find that the medical provider was deliberately indifferent to Grote’s need for medical attention, but not that the jail deputies acted unconstitutionally.

We REVERSE IN PART and AFFIRM IN PART.

Posted by: Tanja Trezise on Oct 26, 2023

JANE B. STRANCH, Circuit Judge. In early 2020, Ryohei Akima was arrested for operating a vehicle while intoxicated based on his performance on a three-part field sobriety exam and a preliminary breathalyzer test. Arresting Officer Caitlyn Peca determined that he failed the assessments across the board, but that proved to be incorrect. The Officer had both administered the field sobriety tests improperly and misread the breathalyzer by a factor of ten. Although Akima blew a blood alcohol content of 0.02, well below the legal limit of 0.08, Peca read the result as 0.22 and arrested him, causing Akima, a Japanese citizen, to lose his work visa and to be deported. When a blood test confirmed the Officer’s error, Akima sued, alleging constitutional violations and common law torts. Officer Peca moved to dismiss, and later for summary judgment, based on qualified immunity. The district court permitted Akima’s constitutional claims to proceed, concluding that a reasonable jury could determine the Officer lacked probable cause and was not entitled to qualified immunity. We AFFIRM.

Posted by: Tanja Trezise on Oct 26, 2023

The Appellant appeals his convictions of second degree murder and possession of a firearm with a prior violent felony conviction, for which he received an effective sentence of fortyeight years’ imprisonment. In this appeal, the Appellant argues that (1) the trial court erred in denying the motion to suppress his confession; and (2) the evidence is insufficient to establish his identity as the perpetrator of the offenses. After review, we affirm the trial court’s judgments.

Posted by: Tanja Trezise on Oct 26, 2023

The Defendant, Deonta Baskin, was convicted of first degree murder and possession of a firearm by a convicted felon. The trial court sentenced the Defendant to life without parole pursuant to the repeat violent offender statute for his first degree murder conviction to be served consecutively to thirty years’ confinement as a Range III, persistent offender for his possession of a firearm by a convicted felon conviction. On appeal, the Defendant argues that the trial court erred by imposing excessive sentences based on his prior convictions. After review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Oct 26, 2023

In this health care liability action, the trial court granted summary judgment to the appellee surgeon based on the expiration of the statute of limitations and the appellant patient’s failure to show evidence of causation and damages. On appeal, we conclude that (1) there is a genuine dispute of material fact as to when the appellant’s cause of action accrued; (2) the trial court did not specifically rule on the propriety of appellant’s pre-suit notice; and (3) there are genuine disputes of material facts as to the causation and damages elements of the appellant’s claim. Accordingly, we reverse in part, vacate in part, and remand for further proceedings.

Posted by: Tanja Trezise on Oct 26, 2023

This post-divorce appeal concerns the trial court’s finding of contempt against the father for his failure to pay child support and the court’s calculation of his support arrearage owed. We affirm.


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