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Posted by: Tanja Trezise on Aug 4, 2023

NALBANDIAN, Circuit Judge. A Michigan jury convicted Dorreon McBride of murder. After unsuccessfully contesting his conviction in state court, he sought federal habeas relief. But because he failed to exhaust one of his claims in state court, the district court dismissed his petition without prejudice. Rather than return to state court to litigate his unexhausted claim or refile in federal court without the unexhausted claim, McBride moved to reconsider. In doing so, he cited for the first time the Supreme Court’s decision in Rhines v. Weber, which gives courts facing habeas petitions with both exhausted and unexhausted claims two options besides dismissal. The district court denied his motion. McBride now argues that the district court should have sua sponte considered alternatives to dismissal. We disagree and AFFIRM the district court’s judgment.

Posted by: Tanja Trezise on Aug 4, 2023

A Madison County jury convicted the Petitioner, Jamauri Ransom, of aggravated robbery and first degree felony murder. The Petitioner appealed, claiming insufficient evidence, and this court affirmed the Petitioner’s conviction. State v. Jamauri Ransom, No. W2019- 02319-CCA-R3-CD, 2021 WL 1310877, at *1 (Tenn. Crim. App., April 8, 2021), perm. app. denied (Tenn. July 12, 2021). The Petitioner timely filed a post-conviction petition, alleging that he received the ineffective assistance of counsel because trial counsel failed to move for a mistrial based upon alleged juror misconduct. After a hearing, the postconviction court denied relief. After review, we affirm the post-conviction court’s judgment.

Posted by: Stacey Shrader Joslin on Aug 4, 2023

The U.S. legal services sector lost 1,200 jobs in July, new Labor Department data released today shows. Legal sector jobs totaled 1,182,500 last month as scattered layoffs continue at large firms, Reuters reports. At least two firms – Katten Muchin Rosenman and Armstrong Teasdale – said this week they are laying off lawyers and professional staff in the wake of reduced demand. Today’s jobs report also revised numbers for June legal employment, reducing the total from 1,185,100 to 1,183,700 jobs.

Posted by: Tanja Trezise on Aug 4, 2023

Following a bench trial, Shanynthia Gardner (“Defendant”) was convicted of four counts each of first degree premeditated murder, first degree felony murder in perpetration of aggravated child abuse, first degree felony murder in perpetration of aggravated child neglect, aggravated child abuse, and aggravated child neglect, for which she received an effective sentence of life. In this direct appeal, Defendant contends that: (1) the trial court used an incorrect legal standard in determining that she failed to carry her burden of establishing her insanity at the time of the offenses; (2) the evidence is insufficient to support her convictions; and (3) the trial court erred when it denied Defendant’s request to make an offer of proof of the entirety of a witness’s audio recorded statement to police. Following a thorough review, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Aug 4, 2023

This appeal concerns the termination of a father’s parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Knox County (“the Juvenile Court”) seeking to terminate the parental rights of Robert F. (“Father”) to his minor son Zachary F. (“the Child”). The Child was removed from the parents’ custody in part due to allegations that he was exposed to drugs. Some five months before DCS’s petition was heard, Father tested positive for fentanyl. After the hearing, the Juvenile Court entered an order terminating Father’s parental rights on five grounds. Father appeals. He argues, among other things, that he completed all of the tasks on his permanency plan except to obtain housing. He argues further that DCS made no effort to help him obtain housing. We find that the evidence does not preponderate against the Juvenile Court’s findings. Applying the standard of clear and convincing evidence, we affirm all five grounds found for termination. We find further, also by clear and convincing evidence, that termination of Father’s parental rights is in the Child’s best interest. The judgment of the Juvenile Court is affirmed in its entirety.

Posted by: Stacey Shrader Joslin on Aug 4, 2023

A legal clinic for veterans will be held in Memphis next Tuesday from noon to 2 p.m. CDT. The clinic will be moving back to an in-person forum, but virtual/telephonic options will still be available. No experience in legal issues specific to veterans is necessary for lawyers who would like to volunteer. Those interested in helping should contact Jake Dickerson.

Posted by: Stacey Shrader Joslin on Aug 4, 2023

The Tennessee Firearms Association is launching an initiative aimed at defeating Gov. Bill Lee’s proposed gun control measure. John Harris, the group’s executive director, says they’re calling the campaign “Red Flag Down.” Instead of separating dangerous people from guns, Harris argues that Tennessee gun owners want to see dangerous people separated from society, temporarily, for mental health treatment. Nashville Public Radio has more on the story.

Posted by: Stacey Shrader Joslin on Aug 4, 2023

Progressive activist Aftyn Behn defeated former Metro Council member Anthony Davis for the Democratic nomination to replace Rep. Bill Beck, D-Nashville, who died in June. Davis had been serving as the interim representative after the council appointed him to the post. Behn now will face Republican David Hooven in the general election scheduled for Sept. 14. The Tennessean has more on the race.

Posted by: Stacey Shrader Joslin on Aug 4, 2023

Democratic Representatives Justin Jones, D-Nashville, and Justin Pearson, D-Memphis, yesterday won their respective races to return to the state House of Representatives after being expelled in April for their involvement in gun safety protests. Both were reappointed by their respective city councils a week later and won their primary races in June. Jones defeated Republican Laura Nelson to retake House District 52. Pearson defeated independent candidate Jeff Johnston to retake House District 86. The Tennessean has more on their election.

Posted by: Stacey Shrader Joslin on Aug 4, 2023

Metro Nashville Council member Freddie O'Connell and Alice Rolli, a member of former Gov. Bill Haslam's administration, will advance to a runoff election on Sept. 14 to determine Nashville’s next mayor. The Tennessean reports that none of the 11 candidates garnered the necessary 50% plus one vote to win the election outright. O'Connell netted just over 27% of the vote while Rolli, a conservative business strategist and former campaign manager, earned 20%. The paper also has a wrap up of results from a number of Metro Council races as well as the race for vice mayor.


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