The Defendant, Kelli M. Cates, pleaded guilty to driving under the influence (“DUI”) after the trial court denied her motion to suppress. As a part of her plea agreement, she sought to reserve five certified questions of law for appeal challenging the legality of the traffic stop leading to her arrest. However, following our review, we conclude that the certified questions are not dispositive of the case and do not clearly identify the scope and limits of the legal issues reserved as required by Tennessee Rule of Criminal Procedure 37(b)(2)(A). Accordingly, we are without jurisdiction to consider the appeal, and the case is dismissed.

Mother appeals the termination of her parental rights to her eldest child on a number of grounds. We reverse the trial court’s finding that Mother engaged in only token visitation with the child during the relevant time period. We vacate the trial court’s finding that Mother failed to manifest an ability and willingness to parent because the trial court failed to make findings as to whether the return of the child would pose a risk of substantial harm. We affirm the trial court’s findings as to the remaining grounds, as well as the trial court’s finding that termination is in the child’s best interest.

This case involves competing claims for breach of a commercial lease agreement. The tenant commenced this action seeking to recover the security deposit and pre-paid rent, contending that the landlord breached the lease by failing to comply with the notice-andcure provision in the lease before leasing the premises to another tenant. The landlord denied any breach and filed a counterclaim for damages and attorney’s fees contending that the tenant breached the lease by not paying rent. Each party moved for summary judgment, seeking affirmative relief as well as dismissal of the other party’s claims. After ruling that the tenant was the first to materially breach the lease by failing to pay rent and holding that the landlord failed to comply with the notice-and-cure provision in the lease, the court summarily dismissed the tenant’s complaint and the landlord’s counterclaims. Both parties appeal. We affirm the dismissal of the tenant’s complaint but reverse the dismissal of the landlord’s counterclaims and remand for further proceedings consistent with this opinion.

Nashville mayoral candidate Alice Rolli announced Monday she would no longer employ McShane, a campaign consultant firm, after she found it had "more than a strong connection to the Proud Boys" militia group, reports the Tennessean. Rolli's campaign had paid the Las Vegas-based firm over $250,000 since March, according to finance records. Woodrow Johnston, a senior vice president for McShane, resigned from the campaign on Saturday but disputed Rolli's portrayal of the separation, claiming they disagreed on the direction of the campaign.

A judicial reform advocacy group filed a misconduct complaint on Tuesday against a Texas federal judge for requiring three attorneys for Southwest Airlines to attend "religious liberty training," reports Reuters. Fix the Court accused U.S. District Judge Brantley Starr of violating the judicial code of conduct by assigning Alliance Defending Freedom, a conservative legal group not involved in the case, to carry out attorney sanctions related to a religious bias case brought by a flight attendant against the airline.

The Tullahoma City School District today removed a disciplinary action from the record of a high school student who had been suspended for memes he shared on his personal Instagram account during vacation, reports the Tennessean. The action comes two months after the student filed a lawsuit against the school district and two administrators for First Amendment violations. The district also removed two student handbook policies challenged in the lawsuit. The student’s lawsuit is still pending.

Tennessee Rep. Andy Ogles, R-Columbia, and Sen. Mike Lee, R-Utah, have proposed a resolution that names “irresponsible and sensationalistic” reporting practices as a major factor in the recent rise in mass gun violence across the country, the Commercial Appeal reports. The resolution calls on the media to change its coverage of mass shootings and “prioritizing coverage” of heroics “of any law enforcement, first responders or bystanders.” The proposal has been criticized by First Amendment advocates for the potential harm of limiting coverage on an issue that poses a danger to the public.

The 20th annual TBA Leadership Law (TBALL) program has launched their annual call for nominations for the 2024 class. Nominees should have from 5 to 15 years of experience in practice. Nominations are due Oct. 2. Last year, 33 lawyers from across the state were accepted into the program. TBALL programming will kick off in January 2024 with an opening retreat at Henry Horton State Park and end in June with class commencement during the TBA Annual Convention in Memphis. Read more about the program here or contact Paul Burch for more information.

The Tennessee Bar Association supports 33 sections, specialized groups that focus on a particular legal or practice area. Each of these sections provides its members with a number of resources and activities, from continuing legal education to news, information and advocacy. Each section has a leadership team called the executive council that directs the activity of the section. This role serves the organization and also provides leadership, networking and CLE opportunities. If you are interested in becoming a member of a section leadership executive council, please complete this form to share your expertise and grow your career with the TBA! If you have additional questions you may contact Lorne Hiller, YLD Sections Liaison. 

A Davidson County jury on Friday found a former security guard not guilty of murder in a fatal shooting outside a Nashville restaurant where he was working, reports the Associated Press. Nathan Glass faced an indictment for second-degree murder in the death of Deangelo Knox, who was engaged in a shootout outside the Pharmacy Burger Parlor & Beer Garden. Prosecutors argued that Knox was fleeing assailants who were firing on him. Glass’s attorneys contended he was protecting himself and patrons when Knox turned toward the restaurant holding a gun. A lawsuit filed by Knox’s family against Glass was settled privately. Glass had been admitted to the police academy prior to the shooting. His entry into the program was paused during the investigation. He resigned in 2021.