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Posted by: Karen Belcher on Jul 24, 2023

Petitioner, Robert Wayne Garner, appeals from the Wayne County Circuit Court’s summary denial of his second petition for habeas corpus relief, in which he challenged the sufficiency of the felony murder indictment under which he was convicted. Petitioner argues on appeal that the habeas corpus court erred in failing to make findings of fact and conclusions of law in denying relief. After review, we affirm the judgment of the habeas corpus court.

Posted by: Karen Belcher on Jul 24, 2023

For the week of July 17, 2023 - July 21, 2023

Posted by: Stacey Shrader Joslin on Jul 24, 2023

The Legal Aid Society of Middle Tennessee and the Cumberlands (LAS) will host a free legal clinic Wednesday at Operation Stand Down, 1125 12th Ave S., Nashville 37203. The clinic will offer help to veterans on a variety of civil and criminal legal issues. The event will run from 11 a.m. to 1 p.m. CDT . Call 615-248-1981 to schedule or for more information. To volunteer, contact Kendra Cheek, 615-780-7131. Watch the LAS website for clinics coming in August.

Posted by: Paul Burch on Jul 21, 2023

Stanford law dean Jenny Martinez informed students in an email last week that Tirien Steinbach has stepped down as associate dean for diversity, equity and inclusion, reports Reuters. On March 9, Steinbach joined students protesting a visit by 5th U.S. Circuit Judge Stuart Kyle Duncan, who had been invited by the campus chapter of the Federalist Society. A widely circulated video showed Steinbach intervening on behalf of protestors and claiming Duncan's positions on LGBTQ+ people and others might make his presence painful for some students. Steinbach was criticized for her comments and that her failure to stop the protestors was in violation of Stanford’s free speech policies.

Posted by: Paul Burch on Jul 21, 2023

Magistrate Judge Debra Poplin ruled today that unclaimed funds set aside from a lawsuit involving international accounting firm KPMG be directed to the Institute for Law & Economic Policy, KnoxNews reports. The Eastern District U.S. judge chose the recipient at the recommendation of law firm Cohen, Milstein, Sellers and Toll.

Posted by: Paul Burch on Jul 21, 2023

Alabama lawmakers declined to create a second majority-Black congressional district today in defiance of a ruling by the U.S. Supreme Court in June to give minority voters a greater voice in elections, reports Associated Press. The senate instead created a plan to increase the percentage of Black voters from 31% to 40% in the state’s 2nd District. The map was completed hours before a court-imposed deadline. Alabama Gov. Kay Ivey is expected to sign the legislation.

Posted by: Tanja Trezise on Jul 21, 2023

The Defendant, Randall Murphy, appeals his convictions by a Williamson County Circuit Court jury of aggravated kidnapping, reckless aggravated assault, aggravated assault, criminal impersonation of law enforcement, and domestic assault. The Defendant argues: (1) the trial court committed reversible error when it misstated the law and provided its personal opinion on the determinate element of the kidnapping offense; (2) the trial court expressed its personal opinion regarding the testimony of one of the State’s key eyewitnesses; (3) the trial court improperly excluded evidence that the victim had consumed alcohol with her prescription medications at the time of the alleged offenses; (4) the trial court failed to give any weight to the applicable mitigating factors before imposing the maximum sentence for the aggravated kidnapping conviction; and (5) the cumulative effect of the trial court’s errors entitles him to a new trial on all counts. After review, we reverse and remand this case for a new trial on the aggravated kidnapping charge in Count 1 and affirm the remaining counts.

Posted by: Tanja Trezise on Jul 21, 2023

Husband and wife appellants, acting pro se, appeal the trial court’s decision to pierce the corporate veil of husband’s construction company to hold husband individually responsible for the corporation’s breach of contract, as well as the judgment against both husband and wife for contemptuous conduct. We do not reach the merits of the case due to the appellants’ failure to comply with the briefing requirements set out in Rule 27 of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals of Tennessee and dismiss the appeal.

Posted by: Tanja Trezise on Jul 21, 2023
A juvenile appeals the decision to re-commit him to DCS custody for treatment and services. We conclude that this appeal is moot in light of post-judgment facts.
Posted by: Tanja Trezise on Jul 21, 2023

Before his election to the bench, the probate judge in this interpleader action served as an expert witness in a 2017 case involving one of the defendants, Watson Burns, PLLC. In the current case, Watson Burns, PLLC and another law firm defendant moved for the probate judge’s recusal based on the expert opinions the judge expressed in the 2017 case. The probate judge denied the motion, and the law firms filed an accelerated interlocutory appeal as of right to the Court of Appeals pursuant to Tennessee Supreme Court Rule 10B. The Court of Appeals reversed, ordered the probate judge’s recusal, and remanded for assignment of another judge. Two other parties to the interpleader action then filed an accelerated application for permission to appeal in this Court pursuant to Rule 10B, section 2.07. We ordered the parties prevailing in the Court of Appeals to file a response to the application. Having thoroughly reviewed the Rule 10B application for permission to appeal, the response, all appendices, and the applicable law, we grant the Rule 10B application, dispense with additional briefing and oral argument, and hold that the probate judge’s denial of the recusal motion was appropriate in this case. Therefore, we reverse the judgment of the Court of Appeals and remand for further proceedings consistent with this decision.


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