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Posted by: Stacey Shrader Joslin on Sep 27, 2023

The Tennessee Supreme Court reinstated three lawyers yesterday who had been suspended for failing to complete annual continuing legal education requirements. View the order or the full list of those suspended and reinstated online.

Posted by: Stacey Shrader Joslin on Sep 27, 2023

Three lawyers at Southwest Airlines have received a reprieve from a judge's order requiring them to take "religious-liberty training" from the Christian legal group Alliance Defending Freedom, Reuters reports. The Fifth U.S. Circuit Court of Appeals recently put on hold Dallas-based U.S. District Judge Brantley Starr’s order directing the lawyers to attend the training. The order has drawn a judicial misconduct complaint from a reform advocacy group Fix the Court.

Posted by: Stacey Shrader Joslin on Sep 27, 2023

Funding that would have been given to the state of Tennessee for low-income family planning services will now be given to Planned Parenthood of Tennessee and North Mississippi to serve Tennessee residents, the Commercial Appeal reports. The state was disqualified from receiving federal Title X funding in April after an audit revealed that service providers were not in compliance with federal guidelines that stipulate patients must be informed of all options available to them, including abortion. The state condemned the decision at the time, arguing it was counseling patients on all options legal in the state. Planned Parenthood of Tennessee and North Mississippi is receiving the funds as a subgrant from the Virginia League for Planned Parenthood and Converge Inc., a Mississippi group that focuses on reproductive health in the south.

Posted by: Tanja Trezise on Sep 27, 2023

The defendant, Tyrell Webb, pleaded guilty to rape, and the trial court imposed a sentence of eight years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for probation and in restricting cross-examination of the victim. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. However, we remand the case for entry of judgments reflecting the dismissal of counts two and three.

Posted by: Tanja Trezise on Sep 27, 2023

The defendant, Mario Deshon Murray, pleaded guilty to unlawful possession of a firearm after being convicted of a felony involving violence, and the trial court imposed a sentence of fifteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for alternative sentencing, in misapplying mitigating factors, and in imposing consecutive sentences. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

Posted by: Tanja Trezise on Sep 27, 2023

This case involves the assertion of various claims by several of the decedent’s siblings in connection with the administration of the decedent’s estate. The initially-appointed administrator, another sibling, could not post the bond ordered by the probate court, prompting the court to direct that the administrator’s attorney have joint control over all assets. The claims at issue in this appeal, which were dismissed by the probate court, are against the law firm of that attorney and one of his associates at the law firm. Of note, however, the initially-appointed administrator was also sued in the probate court proceedings, and it is against the backdrop of his alleged malfeasance that the actions of the law firm and associate attorney are scrutinized. The heart of the present dispute centers on when the sibling plaintiffs had standing to sue for the alleged wrongs. The law firm and associate attorney, who are appellees in this appeal, claim that the sibling plaintiffs had standing well before they ever asserted any claims, such that the claims are time-barred. The sibling plaintiffs, along with a successor administrator who later intervened in the case, assert that the sibling plaintiffs did not have standing to sue until another person was formally rejected as a potential heir. For the reasons stated herein, we affirm the trial court’s dismissal of the claims at issue.

Posted by: Tanja Trezise on Sep 27, 2023

This is an appeal from a final order entered on February 10, 2023. The Notice of Appeal was not filed with the Appellate Court Clerk until March 14, 2023, more than thirty days from the date of entry of the order from which the appellant is seeking to appeal. Because the Notice of Appeal was not timely filed, we have no jurisdiction to consider this appeal.

Posted by: Tanja Trezise on Sep 27, 2023

This appeal arises from a dispute over the estate of Mrs. Willie Seeber. Mrs. Seeber left a purported Last Will and Testament executed in 2021, which the personal representative named therein has offered to the Probate Court for Loudon County for solemn form probate. However, various family members and friends of Mrs. Seeber seek to challenge this will and allege Mrs. Seeber lacked testamentary capacity and was unduly influenced to execute the will. The contestants rely upon earlier testamentary documents to establish standing to bring a will contest. The proponent appeals an order of the probate court holding the contestants have standing to bring a will contest. We hold the probate court did not err in its various findings and affirm the judgment of the probate court. This case is remanded for further proceedings.

Posted by: Stacey Shrader Joslin on Sep 27, 2023

The Shelby County District Attorney's Office said yesterday that it will not charge the Memphis police officer who fatally shot Jaylin McKenzie. Others involved in the pursuit of McKenzie also will not be charged. The Commercial Appeal reports that District Attorney Steve Mulroy said there were concerns about the incident, but no evidence suggested that police shot at McKenzie for reasons other than self-defense. The officers involved in the pursuit were given "refresher training" for the various violations, which included not having body camera turned on, not notifying a supervisor about the pursuit, not turning on lights and siren during the high-speed chase, and failing to separate officers after the shooting.

Posted by: Tanja Trezise on Sep 27, 2023

Because the notice of appeal was untimely, this Court lacks subject-matter jurisdiction over the appeal. Appeal dismissed.


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