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Posted by: Tanja Trezise on Oct 13, 2023

This is an appeal from an order denying a motion for relief under Tennessee Rule of Civil Procedure 60.02. Because the appellant did not file his notice of appeal within thirty days after entry of the order as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Posted by: Stacey Shrader Joslin on Oct 13, 2023

The Covenant School shooter's manifesto still has not been released, but the Tennessee Court of Appeals is set to hear oral arguments on Monday regarding a lower court’s decision to allow Covenant church members, school staff and parents to intervene as they try to block the writings from being released publicly. Individuals connected to the school argue that release of the writings would traumatize families and children. The National Police Association is seeking all records, emails, texts and communication about the shooter from the Metro Police Department, WCYB reports.

Posted by: Stacey Shrader Joslin on Oct 13, 2023

The State Building Commission has approved funding for selecting a designer and construction manager for renovations at the structures currently housing the Tennessee Supreme Court and former state library, the Nashville Post reports. Department of General Services Commissioner Christi Branscom told the commission that with the opening of a new state library, there is an opportunity to combine the two structures “to house more administrative offices of the court’s divisions.” Branscom said the project will preserve the historic elements of both buildings while providing a more modern and functional space. The plan includes additional office space and parking and an evaluation for a secure access corridor between the buildings.

Posted by: Stacey Shrader Joslin on Oct 13, 2023

Cleotha Abston-Henderson, the man charged with abducting and killing Memphis teacher Eliza Fletcher, will go to trial on April 8, 2024, in a separate rape case, the Commercial Appeal reports. Abston-Henderson is accused of raping Alicia Franklin about a year before Fletcher was killed. Franklin had filed a civil suit against the city of Memphis and Memphis Police Department for failing to adequately investigate the rape but the suit was dismissed earlier this year. Abston-Henderson’s new defense attorney, Juni Ganguli, has requested that jurors from Nashville be brought to Memphis for the trial, citing extensive local media coverage and public comments on social media. The Shelby County District Attorney's Office opposes that move.

Posted by: Stacey Shrader Joslin on Oct 13, 2023

Attorney and law student volunteers are needed for a Rights Restoration Project being planned by the Tennessee Supreme Court’s Access to Justice Commission (ATJ). The commission will provide a virtual training on Oct. 20 from 1-2:30 p.m. CDT focused on the rights restoration process, available forms and resources, and recent changes in the law. The training is free but registration is required. After completing the training, lawyers will be matched with a law student and a client. Cases will be worked throughout the month of November. Those who would like more information before signing up for the training may watch a recording of an informational meeting about the project (use passcode 8UW#%GnU) and follow along with this slide deck.

Posted by: Stacey Shrader Joslin on Oct 13, 2023

TBA’s 23rd Annual Health Law Primer and 35th Annual Health Law Forum make their return to Nashville in just a few weeks. The primer, which will take place on Nov. 1 from noon to 4:30 p.m. CDT at the Nashville office of Bass, Berry & Sims, will focus on introductory topics, while the forum, set for Nov. 2-3 at the Music City Center, will dig into topics such as AI, the False Claims Act, No Surprises Act, telehealth, antitrust laws, fraud and abuse, Tennessee legislative update, state case law review and ethics. Don't miss the state's premier educational event for health law practitioners!

Posted by: Tanja Trezise on Oct 12, 2023

A Madison County jury convicted the Appellant, Markettus L. Patrick, of aggravated assault by strangulation or attempted strangulation, a Class C felony, see Tenn. Code Ann. § 39-13-102(a)(1)(A)(iv), for which he received a sentence of five years to be served on supervised probation following service of 150 days in confinement. The sole issue presented for our review is whether the evidence is sufficient to support the conviction. Upon our review, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Oct 12, 2023

This case involves an accident between a motor vehicle and a school bus that occurred on Highway 1 lE on a foggy December morning in Jefferson County, Tennessee. The automobile was traveling eastbound on Highway 1 lE when it struck the bus, which was stopped across the two eastbound lanes ofHighway 1 lE positioned to make a left tum onto the westbound lanes. The driver of the car, Jacob Cook, sustained serious injuries as a result of the impact. Mr. Cook, together with his grandfather, Rickey Macari, who owned the vehicle, brought an action in tort seeking damages against Jefferson County, the Jefferson County Board of Education, and the driver of the school bus, Harold Moody. In their complaint, Mr. Cook and Mr. Macari alleged that Mr. Moody's negligence in stopping the school bus across the eastbound lanes was the proximate cause of Mr. Cook's injuries. The defendants filed a counterclaim alleging that Mr. Cook's negligence, and not Mr. Moody's, was the proximate cause of the accident because Mr. Cook had been speeding when the sccident occurred. During a bench trial, the defendants' expert witness, an accident reconstructionist, opined that Mr. Cook had been speeding at the time of the accident but that Mr. Cook's car would have collided with the stopped school bus even had he been following the speed limit. At the conclusion of the bench trial, the trial court found that Mr. Cook was indeed speeding at the time of the accident, but that Mr. Moody should not have attempted to turn left across the eastbound lanes given the traffic and weather conditions. Accordingly, the trial court determined that Mr. Moody's actions were the proximate cause of Mr. Cook's injuries and allocated 80% of the fault for the accident to Mr. Moody, with 20% of the fault assigned to Mr. Cook. The defendants timely appealed. Discerning no reversible error, we affirm the trial court's judgment with one modification: we direct the trial court to dismiss Jefferson County as a defendant because the Jefferson County Board of Education, as the owner of the school bus, is undisputedly the proper defendant in this action.

Posted by: Paul Burch on Oct 12, 2023

The U.S. Attorney’s Office for the Western District of Tennessee announced today that two former tactical officers for the state’s Department of Corrections Strike Force pleaded guilty for their roles in the assault of an inmate, and the cover up that followed, at Northwest Correctional Complex in Tiptonville. Javian Griffin of Nashville pleaded guilty to using unlawful force on an inmate and providing false information in his official report for the incident. His co-defendant, Sebron Hollands of Clarksville, pleaded guilty to providing false information in his official report regarding the same incident. Pursuant to a plea agreement, Griffin will serve a 48-month prison sentence. Hollands faces a maximum penalty of 20 years in prison. His sentencing hearing is set for Jan. 19, 2024.

Posted by: Tanja Trezise on Oct 12, 2023

MATHIS, Circuit Judge. After Lawrence Schumaker pleaded guilty to being a felon in possession of a firearm and the district court sentenced him, the government appealed the sentence because the district court did not sentence Schumaker in accordance with the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). We remanded the case and instructed the district court to sentence Schumaker under the ACCA. The district court did just that. Now, Schumaker appeals, arguing that the district erred by following our instructions and following our precedent. We affirm.


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