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Posted by: Karen Belcher on Sep 18, 2023

The Defendant, Stacy M. Miller, was convicted by a Meigs County Criminal Court jury of three counts of first degree felony murder, criminally negligent homicide, especially aggravated kidnapping, aggravated robbery, and theft of property valued at less than $1000. See T.C.A. §§ 39-13-202(a)(2) (2018) (subsequently amended) (first degree felony murder), 39-13-212 (2018) (criminally negligent homicide), 39-13-305 (2018) (especially aggravated kidnapping), 39-13-402 (2018) (aggravated robbery), 39-14-103 (2018) (theft). The trial court merged the three first degree felony murder convictions and imposed an effective life sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support her first degree felony murder convictions and (2) the trial court erred in failing to merge the criminally negligent homicide conviction with the first degree felony murder conviction and to merge the theft conviction with the aggravated robbery conviction. We affirm the judgments of the trial court but remand for entry of corrected judgments reflecting the requested mergers of convictions and for correction of the judgment form in Count 6 to reflect the correct conviction offense, aggravated robbery.

Posted by: Karen Belcher on Sep 18, 2023

The pro se petitioner, Dan E. Durrell, appeals the Knox County Criminal Court’s summary dismissal of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Discerning no error, we affirm.

Posted by: Karen Belcher on Sep 18, 2023

A Hamblen County jury convicted Defendant, Raymond D. Arwood, of one count of sexual exploitation of a minor involving more than fifty images. The trial court imposed a sentence of ten years as a Range II, multiple offender to be served in confinement. On appeal, Defendant argues that the trial court abused its discretion by denying his motion to suppress certain photographs and that the evidence was insufficient to support his conviction. After reviewing the record and briefs of the parties, and considering the applicable law, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Sep 18, 2023

In this appeal from the termination of parental rights, the mother does not challenge the grounds for terminating her rights. Rather she argues that the evidence was less than clear and convincing that termination was in the child’s best interest. After a review of both the statutory grounds for termination and the best interest determination, we affirm.

Posted by: Karen Belcher on Sep 18, 2023

This appeal arises from a conservatorship proceeding. The issues on appeal concern the assessment of the fees of the attorney ad litem in the amount of $1,060. The trial court assessed the fees against the petitioners and the respondent, jointly and severally. The petitioners appeal, contending that, pursuant to Tennessee Code Annotated § 34-1-125, the court had no discretion but to assess the fees of the attorney ad litem against the respondent. The petitioners and the estate of the respondent also challenge the assessment of the fees against the respondent on other grounds. We have determined that the trial court was statutorily required to assess the fees of the attorney ad litem against the respondent and that it lacked the discretion to assess the fees against the petitioners. We have also determined that the petitioners have no standing to challenge the assessment of the fees against the respondent and that the issues raised by the estate of the respondent lack merit. Thus, we reverse the assessment of the fees of the attorney ad litem against the petitioners but affirm the assessment of the fees against the respondent.

Posted by: Jamie Rhode on Sep 18, 2023

WKRN has reported that the Tennessee Department of Children’s Services’ (DCS) call centers are experiencing an increase in reports to their hotline. This spike occurs every year as children come back into contact with safe adults after the summer break. Alex Denis, executive director of communications and external affairs for DCS, issued a reminder that everyone in Tennessee is a mandated reporter, "so if you suspect abuse or neglect, you are mandated by law to make a referral to children’s services.” The specific statistics and links to DCS's online portal can be found at WKRN.

Posted by: Stacey Shrader Joslin on Sep 18, 2023

Cleotha Abston-Henderson is slated to have the first of his criminal cases go to trial in early 2024, Shelby County Criminal Court Judge Lee V. Coffee said Friday. The first trial will center on allegations that he raped Alicia Franklin in 2021. He has been charged with aggravated rape, aggravated kidnapping and unlawful possession of a firearm as a convicted felon in that case, the Commercial Appeal reports. After disposition of that case, Abston-Henderson will stand trial for allegedly kidnapping and killing Memphis teacher Eliza Fletcher in September 2022. The Fletcher case, Coffee said, should be tried by the end of 2024. Shelby County Deputy District Attorney Paul Hagerman said the Franklin case was set earlier given that the alleged offense took place almost a year before the Fletcher case.

Posted by: Karen Belcher on Sep 18, 2023

For the week of September 11, 2023 - September 15, 2023

Posted by: Stacey Shrader Joslin on Sep 18, 2023

Nashville Mayor-Elect Freddie O'Connell on Friday announced an initial set of advisers who will guide his transition into office. Among the group are local lawyers David Esquivel with Bass Berry & Sims, Bob Mendes with Sherrard Roe Voigt & Harbison and Junaid Odubeko with Bradley Arant Boult Cummings. The group will focus on three areas: how Nashville works, how Nashville moves and how Nashville grows, the Nashville Business Journal reports.

Posted by: Stacey Shrader Joslin on Sep 18, 2023

Birmingham-based Bradley Arant Boult Cummings has tapped Nashville attorney A.J. Bahou to head its new practice group focused on artificial intelligence, the Nashville Post reports today. The cross-disciplinary AI Practice Group will advise companies on the creation, regulation and use of AI technology, including in the health care, technology and financial services sectors. Read more from the firm. Bahou is a frequent speaker at TBA education programs and serves as chair of the TBA's Special Committee on the Future Practice of Law and on the executive councils for the TBA’s Health Law Section, Intellectual Property Section and Law Office Technology & Management Section.


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