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Posted by: Barry Kolar on Oct 3, 2023

The staff of Nashville’s Community Oversight Board will likely stay on board even after it is reconstituted as a Civilian Review Board, WPLN reports. The legislature earlier this year took away much of the power the boards held to monitor police departments, but newly elected mayor Freddie O’Connell has said he thinks civilian oversight is still important and will keep the staff in place to get the new Civilian Review Board “up and running as quickly as possible.”

Posted by: Barry Kolar on Oct 3, 2023

Legislation passed this last session has made it harder for staff at Adult Protective Services to investigate self-neglect in clients who may be suffering from malnutrition, not getting needed medical care or living in filthy conditions, WKRN reports. The bill, sponsored by Sen. Todd Gardenhire, R-Chattanooga, changed the definition of “abuse or neglect” to be instances where a “caretaker” inflicts pain or deprives an adult of necessary services. “I’ve seen people in horrible hoarding situations," said Davidson County Assistant District Attorney Mary Griffin. She adds that some are living for months without water, electricity or other basic services. As a result of the new legislation, instances of self-neglect no longer fall under the purview of APS and those cases now have to be investigated by police. 

Posted by: Karen Belcher on Oct 3, 2023

The Defendant, Gregory S. Clark, appeals from his guilty pleaded convictions for aggravated assault, a Class C felony, and attempted aggravated burglary, a Class D felony. See TCA §§ 39-13-102 (aggravated assault) (2018) (subsequently amended), -14-403 (aggravated burglary) (2018) (subsequently repealed and replaced by T.C.A. § 39-13-1003 (Supp. 2021)). The Defendant agreed to an effective six-year sentence as a Range I offender, with the manner of service to be determined by the trial court. On appeal, the Defendant contends that the court erred by denying alternative sentencing. We affirm the judgments of the trial court.

Posted by: Karen Belcher on Oct 3, 2023

A temporary injunction restrained a former employee of an accounting firm from committing acts of harassment against the firm or any of its principals, employees, or agents. An Internet news article reported the former employee’s perspective on his history with the firm. The former employee posted a link to the article on his Facebook page and circulated the article to clients of the firm and others. The firm filed a petition for criminal contempt, alleging that the former employee violated the restraint on acts of harassment against the firm. The trial court held the former employee in criminal contempt for willfully disobeying the injunction. We affirm in part and reverse in part.

Posted by: Karen Belcher on Oct 3, 2023

PER CURIAM. When Michigan’s Edenville Dam collapsed, it caused disastrous flooding. Daniel and Cathleen Allen lived downstream, and their home was among those destroyed. The Allens sued, alleging that the United States negligently entrusted operation of the Dam to an unfit operator. The district court dismissed the case for lack of subject-matter jurisdiction, holding that the government was entitled to sovereign immunity. We affirm.

Posted by: Karen Belcher on Oct 3, 2023

A Shelby County jury convicted Defendant, Rico Reed, of one count of aggravated sexual battery. The trial court sentenced Defendant to twenty years in prison. On appeal, Defendant argues that the evidence was insufficient to support his conviction because there was no evidence produced at trial that the contact was for sexual arousal or gratification. After review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Oct 3, 2023

The Petitioner, Anthony Tremayne Cartwright, appeals from the denial of his petition seeking post-conviction relief from his convictions of aggravated assault and domestic assault, for which he received consecutive sentences of fourteen years and eleven months, twenty-nine days, respectively. He alleges that trial counsel’s failure to investigate and present witnesses deprived him of his right to the effective assistance of counsel. After review, we affirm the judgment of the post-conviction court.

Posted by: Barry Kolar on Oct 3, 2023

The 19th Judicial District Mental Health Court is now a reality, thanks to years of hard work from Judge Kathryn W. Olita and a team of passionate supporters. “When I started regularly hearing criminal cases here in the 19th, I noticed that certain defendants were cycling through my courtroom,” Olita says. “A jail stay would give them some access to mental health treatment, meals and shelter, but often after release a repeat offense or violation will bring that person right back.” Graduates of mental health court programs are more likely to break that cycle, Olita says. The court is now accepting new clients through referrals from the district attorney and public defender.

Posted by: Barry Kolar on Oct 3, 2023

The Workers’ Compensation Appeals Board has set four cases for live oral argument in Knoxville this week, and one virtual oral argument later in the month. The in-person cases will be heard Thursday in Knoxville, with a fifth set for Oct. 19 online. Arguments start at 9 a.m. local time on both dates. Learn more about the cases.

Posted by: Barry Kolar on Oct 3, 2023

The Tennessee Supreme Court has upheld a trial court’s pre-trial ruling prohibiting a defendant doctor from using evidence that another physician, who was not in the lawsuit, caused the plaintiff’s injuries, because the defendant doctor did not give the plaintiffs notice that he intended to shift the blame for the injuries to the other doctor. In a split opinion, the court also held that Tennessee law prohibited the defendant doctor from putting on evidence of the plaintiff’s insurance or related discounts on his medical bills. Read the court's decision from Justice Holly Kirby and the concurring and dissenting opinion from Justice Roger Page.


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