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Posted by: Julia Wilburn on Jul 13, 2023

Hosted by the TBA Family Law Section, the Intersections of Family Law CLE will examine how domestic law intersects with other legal segments, providing a more holistic view to incorporate into practice. Sessions will cover litigation regarding closely held businesses in divorces and criminal law considerations for domestic lawyers. A networking reception will follow the program. Join colleagues in Memphis on Aug. 17 from 2-4:30 p.m. CDT for this program.

Posted by: Stacey Shrader Joslin on Jul 12, 2023

The Tennessee Supreme Court recently issued an opinion that Supreme Court Rule 13 — which provides the procedure for administering funds for assisting indigent litigants in capital cases — was constitutionally applied in the state’s case against Jessie Dotson. Following conviction for premeditated first-degree murder, Dotson raised claims of ineffective assistance of counsel and requested funds to hire experts to assist him. The post-conviction court authorized the funds, but the Administrative Office of the Courts and the Tennessee Supreme Court chief justice reduced the amount in some instances and denied approval in others. After the Court of Criminal Appeals upheld those changes, Dotson appealed to the Supreme Court, arguing, among other things, that he was denied a full and fair post-conviction hearing. The high court disagreed, ruling that the application of Rule 13 to Dotson’s case was constitutional, that he was not denied due process, and that he was afforded a full and fair post-conviction hearing. Read more about the case.

Posted by: Stacey Shrader Joslin on Jul 12, 2023

The U.S. legal services sector added 5,100 jobs in June for a total of 1,185,100 legal jobs, nearing a high-water mark set in July 2022, Reuters reports. That month, the legal sector reached 1,187,900 jobs. According to the U.S. Bureau of Labor Statistics, the count includes a range of legal workers, but the majority are lawyers. Despite the overall job growth, at least a dozen large U.S. law firms have confirmed laying off lawyers, staff or both since November. Layoffs are being driven in part by a slowdown in the global mergers and acquisitions (M&A) market. The total value of global M&A deals in the first six months of 2023 shrank to $1.3 trillion, a 37% drop compared to the first half of 2022, according to financial market data firm Refinitiv.

Posted by: Stacey Shrader Joslin on Jul 12, 2023

Memphis lawyer Donna Elizabeth Dyer Smith died July 5 at the age of 76. Originally from Virginia, Smith moved frequently as the child of a military family. She finally settled in Memphis and went on to work for Southwestern University (now Rhodes College) and pharmaceutical company Schering Plough. Smith worked as a paralegal there while pursuing a law degree at the University of Memphis. She later joined Arcadian as corporate counsel, Guardsmark as vice president and finally, the Memphis office of the Internal Revenue Service. Visitation will be held on July 22 from 1-2 p.m. CDT at Memphis Funeral Home, 5599 Poplar Ave., Memphis 38119. A memorial service will follow at 2 p.m. Memorial donations may be made to the Cecil C. Humphreys School of Law at the University of Memphis.

Posted by: Karen Belcher on Jul 12, 2023

RONALD LEE GILMAN, Circuit Judge. Following an incident in which both she and a state trooper were shot, Tiffany Renee Miller pleaded guilty to (1) possession of a firearm by a convicted felon, and (2) possession of a stolen firearm. The district court, after applying the cross-reference to attempted murder from the United States Sentencing Guidelines (U.S.S.G.), sentenced Miller to 240 months of imprisonment. This is the statutory maximum based on the firearms offenses to which she pleaded guilty. Miller appeals her sentence, arguing that it is both procedurally and substantively unreasonable. For the reasons set forth below, we AFFIRM the judgment of the district court.

Posted by: Karen Belcher on Jul 12, 2023

Petitioner, Marshall G. Tate, appeals from the Franklin County Circuit Court’s order denying him post-conviction relief. On appeal, Petitioner argues he received ineffective assistance of counsel when he pleaded guilty to driving with a blood alcohol concentration of .08 percent or more (DUI per se). Petitioner also argues counsel’s ineffective assistance rendered his guilty plea unknowing and involuntary. Following our review of the record, the parties’ briefs, and the applicable law, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Jul 12, 2023

Dan E. Durell, Petitioner, appeals from the summary dismissal of his habeas corpus petition, in which he claimed his convictions were void because the State withheld exculpatory evidence during sentencing; the State misrepresented facts to the trial court that were relied upon in sentencing; and his convictions violate double jeopardy. After a thorough review of the record and the applicable law, we affirm the judgment of the habeas court.

Posted by: Stacey Shrader Joslin on Jul 12, 2023

Tennessee Attorney General Jonathan Skrmetti recently joined a 27-state coalition in asking the U.S. Supreme Court to uphold a lower court ruling that the Consumer Financial Protection Bureau’s (CFPB) funding mechanism is unconstitutional. The Fifth Circuit Court of Appeals ruled last October that Congress improperly delegated power to the CFPB when it guaranteed an independent, perpetual income stream. Read more about the case and the amicus brief.

Posted by: Stacey Shrader Joslin on Jul 12, 2023

Retired Chattanooga attorney Landon “Lanny” Haynes Goins, formerly of Signal Mountain, died in Colorado on July 4 after a brief illness. Goins, a 1966 graduate of the University of Tennessee College of Law, began practicing law at his father’s firm of Goins, Gammon, Baker & Robinson. He later co-founded the firm of Goins & Carpenter. He retired in 2005 and moved to Colorado to be close to his daughters. Goins served on the Chattanooga Bar Association Board of Governors from 1980-1986 and as its president from 1984-1985. He also was an avid outdoorsman who enjoyed camping and hunting throughout East Tennessee and fishing with friends in Canada. Memorial donations in his name may be made to the M.D. Anderson Cancer Center in Houston, Texas.

Posted by: Karen Belcher on Jul 12, 2023

The pro se Defendant, Ryan Monroe Allen, appeals his jury convictions for second degree murder and abuse of a corpse, and his resulting effective forty-year sentence. On appeal, the Defendant argues as follows: (1) the trial court erred by denying the Defendant’s motion to continue or, in the alternative, to proceed pro se that was made at the start of trial, thus, forcing the Defendant to proceed to trial with an attorney who had a conflict of interest; (2) the trial court erred by admitting evidence of the Defendant’s prior bad acts in violation of Tennessee Rule of Evidence 404(b), and the prosecutor explicitly defied the trial court’s pretrial 404(b) ruling during opening statements; (3) the trial court erred by failing to address pretrial the Defendant’s motion to dismiss the abuse of a corpse charge due to insufficient proof of venue or, in the alternative, to sever the two offenses; (4) the evidence was insufficient to support the Defendant’s convictions; (5) the trial court erred by not excusing a juror who indicated that she might have known the spouse of someone who assisted with the investigation; (6) the trial court erred by denying the Defendant’s motion for a mistrial made because the State failed to disclose prior to trial that two witnesses were going to testify to having seen certain evidence in the Defendant’s residence; (7) the trial court erred by denying the Defendant’s motion to recuse made on the ground that the trial court was holding court proceedings without the Defendant present and was biased against the Defendant; (8) the Defendant’s sentence was out-of-range and illegal because he was not provided with the State’s notice of its intention to seek enhanced punishment; (9) the State’s case was based on perjured and recanted testimony; and (10) the State committed prosecutorial misconduct by suppressing certain pieces of evidence. Following our review of the record and applicable authorities, we affirm the judgments of the trial court.


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