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Posted by: Paul Burch on Aug 31, 2023

The city of Memphis has hired former Shelby County Criminal Court Judge Bobby Carter to perform court monitoring duties at the Shelby County Criminal Justice Center, the Commercial Appeal reports. His hours are capped at 10 per week. Carter is expected to make periodic reports on the efficiency and transparency of the court system by observing cases and examining court records and data. The year-long contract will not be limited to criminal courts and can be extended for an additional year. 

Posted by: Paul Burch on Aug 31, 2023

Attorneys for death row inmate Christa Pike filed a motion in Knox County yesterday to reopen her petition for post-conviction relief, citing a recent court opinion that her youth should have served as a factor in sentencing, the Tennessean reports. Pike, now 47, was sentenced to death in 1996 for torturing and killing fellow Knoxville Job Corps member Colleen Slemmer. Pike is the last person in Tennessee to receive a death sentence for a crime committed as an 18-year-old and has been the only woman on Tennessee's death row since 2010. A U.S. district judge upheld the conviction in 2012 ruling there were not “valid grounds” for an appeal to proceed. Pike was also convicted in 2004 for attempting to strangle a fellow inmate. 

Posted by: Paul Burch on Aug 31, 2023

Former Tennessee state Sen. Brian Kelsey, R-Germantown, and his new attorneys have asked a judge to allow Kelsey to avoid reporting to federal prison until a higher court rules on his appeal, the Tennessean reports. Kelsey argued in a new filing this week that prosecutors breached a plea agreement by "advocating" during sentencing for an upward adjustment under federal sentencing guidelines. Kelsey was sentenced earlier this month to 21 months in prison for campaign finance violations after pleading guilty to felonies related to illegal campaign funding maneuvers. Kelsey's attempt to retract his guilty plea were unsuccessful, leading to a longer sentence recommendation from prosecutors.

Posted by: Julia Wilburn on Aug 31, 2023

The Tennessee Supreme Court is unfamiliar territory for most lawyers and success in this court requires not only thorough preparation, but mastery of oral and written advocacy as well. The Tennessee Supreme Court Boot Camp allows lawyers to observe oral arguments in real cases being presented to the court, followed by analysis and discussion on the preparation and considerations for deciding to seek review in the court. Join colleagues at the Tennessee Supreme Court in Nashville Oct. 4 from 9:30 a.m. to 4:30 p.m. CDT and earn one dual and 3.75 general credits.

Posted by: Stacey Shrader Joslin on Aug 30, 2023

The TBA YLD in partnership with the Tennessee Supreme Court Access to Justice Commission hosted two Essential Documents for Essential Workers Clinics this past Saturday. The clinics in Cookeville and Murfreesboro aided first responders and their families in drafting wills, powers of attorney and advanced health care directives. In all, 20 volunteer attorneys and notaries assisted 26 first responders in drafting these essential documents; 19 Belmont law students served as witnesses. The two events resulted in more than $13,000 of free legal services to first responders. Thanks to YLD District Representatives Morgan Hanna and Amber Vargas for hosting these events. See photos here.

Posted by: Stacey Shrader Joslin on Aug 30, 2023

The Trial Court Vacancy Commission meeting today in Murfreesboro selected three nominees to forward to Gov. Bill Lee for his consideration in filling a vacancy in the 16th Judicial District. They are: Murfreesboro lawyers Terry A. Fann, Derek R. Howard and R. Michelle Howser. The vacancy on the court, which serves Rutherford and Cannon counties, is due to the Sept. 1 retirement of Circuit Court Judge J. Mark Rogers. Read the announcement from the Administrative Office of the Courts.

Posted by: Stacey Shrader Joslin on Aug 30, 2023

The Tennessee Supreme Court today appointed former judges D. Kelly Thomas and Vanessa Agee Jackson as new senior judges for the state. They will take office on Sept. 1. Thomas replaces Judge Thomas Wright, who is stepping down from the bench, for a term of two years. He has more than 30 years of judicial experience, having served on the Court of Criminal Appeals from 2006-2022 and as a circuit court judge in the Fifth Judicial District from 1990-2006. Jackson is being appointed for a term of four years. She previously was a circuit court judge in the 14th Judicial District from 2009-2022. Under Tennessee law, the court may appoint senior judges when one or more judicial districts require additional resources and the appointment will promote the effective administration of justice.

Posted by: Stacey Shrader Joslin on Aug 30, 2023

Tennessee Supreme Court Justice Sharon G. Lee received a warm farewell from colleagues and friends during a retirement dinner held by the Bradley County Bar Association last week, the Cleveland Banner reports. The dinner, held at the Museum & Cultural Center Friday, honored Lee for her years of judicial service, including as the state’s first female chief justice from 2014 to 2016. Lee is retiring from the court tomorrow. A number of events across the state this month have honored her work.

Posted by: Tanja Trezise on Aug 30, 2023

Corrections are as follows:

Page 26 (1) comma added: Tenn. Sup. Ct. R. 10, § 2.11(A)(1), (6)(a), (b).

Page 28 (1) Removed “the” from quote: At a suppression hearing, “[q]uestions of credibility of the witnesses, the weight and value of the evidence, and resolution of conflicts in the evidence are matters entrusted to the trial judge as the trier of fact.” State v. Odom, 928 S.W.2d 18, 23 (Tenn. 1996).

Page 29 (1) Changed to “searches and seizures.” “The Defendant’s suppression issues implicate the protections against unreasonable searches and seizures found in our federal and state constitutions.” (2) Comma added in addition to capitalizing “oath” and “warrant.” "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (3) Quotations marks added: “Probable cause has been defined as a reasonable ground for suspicion, supported by circumstances indicative of an illegal act.” Henning, 975 S.W.2d at 294

Page 30 (1) “Crim. App.” to citation: State v. Dobbins, 754 S.W.2d 637, 641 (Crim. App. Tenn. 1988).

Page 32 (1) Add “2d” to Littleshort citation.

Posted by: Tanja Trezise on Aug 30, 2023

KAREN NELSON MOORE, Circuit Judge. Police officers Michael Curtis and Kyle Gray responded to a 911 call reporting a domestic dispute. When they arrived at the reported location, all was quiet, and they could not detect any signs of an altercation. The officers knocked on Robert Reed’s front door. After a brief verbal exchange, Reed refused to engage further with the officers because they did not have a warrant. The officers then broke down Reed’s front door, pointed a gun at his head, and removed him from his home. Reed filed a suit against the officers in their official and individual capacities under 42 U.S.C. § 1983. Upon motions for summary judgment, the district court denied the officers qualified immunity for Reed’s Fourth Amendment claims of unlawful entry, false arrest, and excessive force. We AFFIRM the district court’s denial of qualified immunity.


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