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Posted by: Julia Wilburn on Sep 8, 2023

Prosecutors are opposing motions to sever the trials of former Memphis Police Department officers charged in the killing of Tyre Nichols. The five officers, accused of second-degree murder and related charges, are currently charged as co-defendants. The Daily Memphian reports that the state argues that the officers should be tried together, emphasizing factors such as the simplicity of the case, the shared evidence and witnesses and the absence of prejudicial statements from the officers. The officers' motions had cited concerns about confusing the jury, differences in involvement and potential conflicts in their defense strategies as reasons for severance.

Posted by: Julia Wilburn on Sep 8, 2023

The Memphis Brooks Museum of Art is facing legal challenges in its construction project at a new downtown location. The lawsuit against the museum is brought by Friends for Our Riverfront, alleging that the project violates an easement established in the early 19th century. The Daily Memphian reports that attorneys for the museum estimate that halting construction temporarily could cost the project between $5 million to $7 million, and they are requesting a bond to cover this cost. The museum's response questions the timing of the lawsuit and cites historical court cases supporting its position on property rights.

Posted by: Julia Wilburn on Sep 8, 2023

Munford native and former Knoxville attorney Frankie Ellis Wade died Thursday. She was 80. Wade attended the University of Tennessee Knoxville and majored in home economics. After having two children as an army wife, Wade returned to Knoxville to raise her family and later attended law school at UT. She began her career in law in 1978 as the only female lawyer at Ambrose, Wilson and Grimm in Knoxville. Wade soon started her own firm and became a family law attorney, serving as an active member of both the Tennessee Board of Professional Responsibility and the Tennessee Bar Association. In lieu of flowers, please consider a donation to the Frankie Ellis Wade Scholarship Endowment at the University of Tennessee. This scholarship provides an opportunity for former Lady Vol student-athletes to pursue a law degree. A Celebration of Life Service will be held Sept. 15 at 10 a.m. CDT at Idlewild Church, 1750 Union Ave. Memphis, with a reception to follow. Please wear your UT orange! See more

Posted by: Julia Wilburn on Sep 8, 2023

Memphis attorney Rehimhan "Rehim/Ray" Babaoglu died on Aug. 24. He was born in Milan, Italy, in 1946. His family immigrated to the United States in 1951, and he attended Rutgers University, graduating in 1969 with a degree in Russian language and literature. Babaoglu served in the U.S. Army Reserve in Hattiesburg, Mississippi, and later he and his wife, Lydia, moved to midtown Memphis. Babaoglu attended Memphis State University College of Law, earning his law degree in 1974. After graduation, Babaoglu embarked on a 45-plus year career specializing in immigration law. He served both the Memphis Bar Association and Mid-South Immigration Advocates as a board member, and was on the board of directors of Memphis Area Legal Services for nearly 22 years, serving two years as chair. Services are private with a celebration for Babaoglu scheduled for a later date. In lieu of flowers, donations may be made in his name to the Memphis Zoo, New Ballet Ensemble and School or the Captain Paul Watson Foundation.

Posted by: Karen Belcher on Sep 8, 2023

A Davidson County jury convicted the Defendant, Antonio Donte Jenkins, a.k.a. Antonio Donte Gordon Jenkins, of second degree murder and felony reckless endangerment. The trial court sentenced the Defendant to serve an effective sentence of twenty-seven years. On appeal, the Defendant argues that the evidence is insufficient to sustain his conviction for second degree murder. He also asserts that the trial court erred by (1) instructing the jury on criminal responsibility; (2) failing to declare a mistrial after a State’s witness testified that the Defendant had an outstanding warrant; (3) allowing portions of a witness’s testimony from the juvenile transfer hearing to be read into evidence; (4) allowing evidence that had not been presented during trial into the jury room during deliberations; and (5) imposing an excessive sentence. We respectfully conclude that the jury should not have been instructed on criminal responsibility and that the error was not harmless. For this reason, we vacate the Defendant’s conviction for second degree murder and remand for a new trial. Finally, although we also affirm the Defendant’s conviction and sentence for reckless endangerment, we remand for entry of an amended judgment reflecting that this sentence is not currently aligned consecutively to any other sentence.

Posted by: Karen Belcher on Sep 8, 2023

Defendant, Isaiah Harris, appeals the trial court’s order revoking his probationary sentence for four counts of attempted second-degree murder and two counts of felony reckless endangerment and ordering him to serve the balance of his sentence in confinement. Following our de novo review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

Posted by: Julia Wilburn on Sep 8, 2023

AI is coming for lawyers. Whether it’s ChatGPT, virtual assistants or other new technology, lawyers are facing new challenges. Join the CLE Performer Stuart Teicher for a webcast on Oct. 12 at 11:30 a.m. CDT as he explores the never-ending problems with the hottest technologies.

Posted by: Paul Burch on Sep 7, 2023

Members of the TBA Young Lawyers Division visited Belmont University College of Law in September to speak with students about their entry into the profession and to share some of the benefits of TBA membership. Membership, which is free for law students, will allow them to network and increase their professional knowledge through attending CLE programs. Students were also encouraged to apply for the Class of 2024 Diversity Leadership Institute. Thanks to YLD presenters Anthony Adewumi, Charles Ferguson and Billy Leslie, as well as Belmont’s Director of Career and Professional Development Alix Rogers for their contributions to the event. Email Laura Labenberg for more information about upcoming YLD visits to Tennessee’s other law schools this fall. See photos from the event.

Posted by: Paul Burch on Sep 7, 2023

Members of the TBA Young Lawyers Division visited Belmont University College of Law earlier this month to speak with students about their entry into the profession and to share some of the benefits of TBA membership. Membership, which is free for law students, will allow them to network and increase their professional knowledge through attending CLE programs. Students were also encouraged to apply for the Class of 2024 Diversity Leadership Institute. Thanks to YLD presenters Anthony Adewumi, Charles Ferguson and Billy Leslie, as well as Belmont’s Director of Career and Professional Development Alix Rogers for their contributions to the event. Email Laura Labenberg for more information about upcoming YLD visits to Tennessee’s other law schools this fall. See photos from the event.

Posted by: Stacey Shrader Joslin on Sep 7, 2023

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