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Posted by: Laura Labenberg on Aug 11, 2023

The Nashville Bar Association YLD is hosting a Mural Unveiling Celebration on Sept. 14 from 5:30-7:30 p.m. CDT for the Tennessee Justice Center's new forever home located at 1155 Lafayette St. in Nashville. There will be a brief ceremony followed by a reception. The event is free. Click here for more information and to RSVP.

Posted by: Laura Labenberg on Aug 11, 2023

The Memphis Bar Association YLD's district mock trial competition has been selected to receive a grant next year from the ABA Young Lawyers Division. The Embracing Diversity Grant recognizes and awards top young lawyer organization programs that increase diversity in the legal profession. Congratulations to TBA YLD board members Patrick Hillard, Patrick Morris and Rod Watson, and TBA YLD member Eliza Jones who worked on this grant.

Posted by: Karen Belcher on Aug 11, 2023

The defendant, Eric Williams, appeals his Shelby County Criminal Court jury convictions of aggravated assault and assault, arguing that the evidence was insufficient to support his convictions and that the trial court erred by classifying him as a Range II, multiple offender. Discerning no error, we affirm.

Posted by: Julia Wilburn on Aug 11, 2023

Former Tennessee state Sen. Brian Kelsey, R-Germantown, has been sentenced to 21 months in prison for campaign finance violations after pleading guilty to felonies related to illegal campaign funding maneuvers, the Tennessean reports. Kelsey's attempt to retract his guilty plea and claims of innocence earlier this year were unsuccessful, leading to a longer sentence recommendation from prosecutors. The case revolved around improper movement of campaign funds through political action committees to support his unsuccessful congressional campaign, with prosecutors highlighting his misuse of funds and betrayal of public trust. 

Posted by: Karen Belcher on Aug 11, 2023

Lonell Montez Hartshaw, Defendant, appeals the manner of service of his sentences and fines imposed by the trial court after he entered guilty pleas to felony evading arrest, driving under the influence ("DIJI") (second offense), simple possession of a controlled substance, driving on a revoked license (second offense), speeding, violation of the registration law, and violation of the window tint law. Because the trial court did not abuse its discretion, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Aug 11, 2023

The Defendant, Kenneth Benard Hudspeth, was convicted by a Montgomery County Circuit Court jury of first degree felony murder, second degree murder, and two counts of aggravated rape. See T.C.A. §§ 39-13-202(2) (Supp. 1998) (subsequently amended) (felony murder in perpetration of rape); 39-13-210 (1997) (subsequently amended) (second degree murder); and 39-13-205 (1997) (subsequently amended) (aggravated rape). After the appropriate merger, the trial court sentenced the Defendant to life imprisonment plus twenty years. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions, (2) the trial court erred by denying his motion to suppress his police statement, and (3) the court erred by ordering consecutive service of his sentences. We affirm the judgments of the trial court.

Posted by: Karen Belcher on Aug 11, 2023

In this appeal, the circuit court determined that the plaintiff had failed to timely perfect her appeal from an order of the juvenile court. Upon our review of the record, we affirm the ruling of the circuit court.

Posted by: Karen Belcher on Aug 11, 2023

This appeal arises from the filing of a detainer warrant in general sessions court. The plaintiff sought to remove the defendant and her mobile home from his real property. The general sessions court granted possession of the real property to the plaintiff but ordered him to pay for the removal of the mobile home. The defendant appealed to the circuit court. The circuit court concluded that the plaintiff was entitled to the relief requested and awarded him possession of his real property. However, contrary to the general sessions court, the circuit court ordered the defendant to remove her mobile home from the plaintiff’s real property at her expense. The defendant appeals. We affirm.

Posted by: Karen Belcher on Aug 11, 2023

In this interlocutory appeal, the employer appeals the trial court’s order for medical benefits, including a total knee replacement, in light of evidence indicating the employee had a pre-existing knee condition. The employee suffered a fall at work, resulting in complaints of pain in the left knee. Following conservative treatment, the employee’s authorized physician recommended a total knee replacement. The employer declined to authorize the procedure based on questionnaire responses from the treating physician. After the denial, the employer received medical records from two providers indicating the employee had a history of left knee complaints within months of the work accident, as well as a prior surgery to the left knee in 2012. At the expedited hearing, the employee presented testimony from the authorized physician stating her work injury was the primary cause of her need for surgery. The trial court found the employee was likely to prevail at a hearing on the merits and ordered the employer to provide medical treatment, including the recommended surgery, and temporary total disability benefits. The employer has appealed. Upon careful consideration of the record, we affirm the trial court’s order and remand the case.

Posted by: Julia Wilburn on Aug 11, 2023

U.S. Magistrate Judge Andrew M. Edison of the Southern District of Texas delves into the intriguing matter of legal language in a recent opinion, addressing the perplexing question of whether it should be "attorney fees," "attorneys fees," "attorney's fees" or "attorneys' fees." The issue has caused confusion in federal statutes, rules and cases, with different forms being used interchangeably. Edison references the U.S. Supreme Court's style guide, the insights of legal experts like Bryan A. Garner, and the ABA Journal's own style, ultimately settling on the use of "attorney's fees" when one lawyer requests fees and "attorneys' fees" when multiple lawyers are involved. The ABA has more on this vexing conundrum.


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