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Posted by: Stacey Shrader Joslin on Jul 17, 2023

The Metro Nashville Police Department plans to leave $5.25 million in new state funding for school resource officers (SRO) on the table, saying the agency does not have capacity to staff the district’s 70 public elementary schools. Instead, the department will seek $3.38 million in state grant funding to support existing positions at middle and high schools. For elementary schools, it will continue its previous policy of conducting patrols around campuses, the Tennessean reports. The state SRO funding was approved in the wake of the deadly shooting at The Covenant School in March.

Posted by: Tanja Trezise on Jul 17, 2023

A Madison County Circuit Court jury found the Defendant, Halley OBrien Thompson, guilty of aggravated sexual battery. The trial court sentenced the Defendant to fourteen years in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court erred by allowing an investigator to testify that it was common for child victims to delay reporting allegations of sexual assault. He also argues that the State presented improper prosecutorial argument during its rebuttal closing argument. Upon review, we respectfully disagree and affirm the trial court’s judgment.

Posted by: Tanja Trezise on Jul 17, 2023

Defendant was convicted of a single count of aggravated sexual battery, and the trial court imposed a sentence of eight years as a Range I offender to be served in confinement. On appeal, Defendant argues that the evidence was insufficient to support his conviction and that the trial court erred by admitting the video recording of the minor victim’s forensic interview. Following our review of the entire record and the parties’ briefs, we reverse Defendant’s conviction and remand this case for a new trial.

Posted by: Stacey Shrader Joslin on Jul 17, 2023

The State Building Commission last week approved the first steps in a plan by Department of Children’s Services (DCS) to open a new transitional facility for kids coming into custody and to expand and add more security to buildings that house delinquent youth. Tennessee Lookout reports that the commission approved the initial phase of a $19 million expansion in institutional space. In the near term, this will allow the agency to add more than 100 beds, including 24 at a temporary assessment center. A Nashville facility that houses about 50 teenage boys also will get more security. Commissioner Margie Quin called the action a “positive step toward mitigating the statewide youth placement crisis.”

Posted by: Stacey Shrader Joslin on Jul 17, 2023

The U.S. Senate Judiciary Committee is scheduled to vote this week on a measure that would impose a binding ethics code on the U.S. Supreme Court. The committee chair tells the Associated Press that it is time for the justices to bring their conduct in line with the ethical standards of other branches of government. The news outlet has been releasing investigative pieces that show the justices, regardless of ideological stripes, have engaged in activity that raises ethical concerns. The legislation being considered would require the court to adopt an ethics code. One Republican on the committee said Congress should leave the matter to the court given concerns around the separation of power.

Posted by: Tanja Trezise on Jul 17, 2023

CHAD A. READLER, Circuit Judge. Two Columbus businessmen saw an opportunity in the annuities market. They founded Novus Group and developed a product to fill the gap. Using a third party, Novus pitched its new concept to a Columbus-based insurance titan, Nationwide. Not long thereafter, two Nationwide employees left the company to join another insurance giant, Prudential. Prudential later launched an annuity product that was purportedly just like Novus’s idea. Believing its concept had been stolen, Novus sued Prudential. The company’s complaint alleged that Prudential engaged in trade secrets misappropriation, in violation of Ohio’s Uniform Trade Secrets Act. The district court granted summary judgment to Prudential. We affirm.

Posted by: Stacey Shrader Joslin on Jul 17, 2023

Shelby County Criminal Court Judge Paula Skahan ruled in favor of the Shelby County district attorney and a local defense attorney, saying that a state law passed earlier this year to strip all post-conviction death penalty proceedings from local district attorneys is unconstitutional, the Tennessean reports. Specifically, Skahan found that the General Assembly did not give proper notice to the public about the law and that the law wrongfully removed jurisdiction from locally elected district attorneys. Shelby County District Attorney Steve Mulroy and defense attorney Robert Hutton brought the suit. They also argued that the law violates the rights of voters but Skahan did not address that issue. The state attorney general has until Aug. 4 to appeal the decision.

Posted by: Tanja Trezise on Jul 17, 2023

RONALD LEE GILMAN, Circuit Judge. Jaquetta Ann Coopwood was around six-months pregnant and incarcerated in the Wayne County Jail (the Jail) when she was allegedly kicked in the stomach by Deputy Jailer Jonith Watts. After losing her child in a stillbirth, Coopwood brought suit against Watts and Wayne County (collectively, Defendants). The district court found that Coopwood, despite having a documented history of severe mental illness, had not exhausted her available administrative remedies under the Prison Litigation Reform Act (PLRA). It therefore granted summary judgment in favor of Defendants based on this procedural deficiency. For the reasons set forth below, we REVERSE the judgment of the district court and REMAND for further proceedings consistent with this opinion.

Posted by: Tanja Trezise on Jul 17, 2023

The circuit court, finding that Father committed twenty-one counts of criminal contempt, imposed a jail sentence and awarded Mother attorney’s fees. Father appeals, arguing that the court’s holding violates the prohibition against double jeopardy, that the evidence is insufficient to support thirteen of the counts, and that the court erred in awarding attorney’s fees. We conclude that double jeopardy is not implicated in the findings of contempt and that Father has not presented an argument entitling him to relief regarding the attorney’s fees award. However, because the evidence is insufficient to support the finding of contempt on Counts 9, 16, 36, and 40, we reverse the circuit court’s finding of contempt on these counts. In addition, we conclude that Count 12 must be vacated because the factual predicate of the trial court’s findings appears to potentially rest upon an unsupported basis. The remaining 16 counts are affirmed and the case is remanded for further proceedings.

Posted by: Tanja Trezise on Jul 17, 2023

This appeal arises from the termination of a mother’s parental rights to her minor child upon the juvenile court’s finding by clear and convincing evidence of the statutory grounds of abandonment by failure to provide a suitable home, abandonment by failure to visit, abandonment by failure to support the child, abandonment by wanton disregard for the child’s welfare, substantial noncompliance with the permanency plan, persistent conditions, and failure to manifest an ability and willingness to assume custody of the child. The juvenile court further found that termination of the mother’s parental rights was in the child’s best interest. Discerning no error, we affirm.


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