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Posted by: Paul Burch on Jul 11, 2023

The Tennessee Supreme Court has suspended Shelby County attorney Gerald D. Waggoner Jr. from the practice of law in Tennessee for two years with 18 months to be served on active suspension and the remainder on probation. Waggoner also must engage a practice monitor, pay restitution and complete 12 additional hours of CLE in ethics or handling client property.

Posted by: Karen Belcher on Jul 11, 2023

The petitioner, Undray Luellen, appeals the denial of his Rule 36.1 motion to correct an illegal sentence, asserting that his sentence is illegal because the trial court imposed consecutive sentences without stating its reasons on the record. Upon our review of the record and applicable law, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Jul 11, 2023

The petitioner, Frederick D. DeBerry, appeals from the Fayette County Circuit Court’s summary dismissal of his pro se motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Based on our review of the record, the parties’ briefs, and the applicable law, we conclude that the petitioner’s appeal is untimely, the interest of justice does not mandate waiver of the untimely notice, and therefore, the appeal should be dismissed.

Posted by: Paul Burch on Jul 11, 2023

Join colleagues on Aug. 3 at noon CDT for Real Estate Essentials 2023: Cybersecurity Considerations in Real Estate Transactions. This program will cover aspects of safeguarding information from cyber threats specific to real estate transactions. David Palmer, a supervisory special agent in the FBI Memphis field office will lead the session.

Posted by: Karen Belcher on Jul 11, 2023

BOGGS, Circuit Judge. A jury convicted Xiaorong You, a chemical engineer, of stealing trade secrets from her former employers. On appeal, You argues that the district court admitted racist testimony that denied her a fair trial, gave jury instructions that mischaracterized the government’s burden of proof as to You’s knowledge of the trade secrets and their value to China, and, in calculating her sentence, both improperly considered and unreasonably calculated the loss that she intended to cause.

We affirm You’s conviction, but vacate the sentence imposed and remand for resentencing. The district court did not err in its evidentiary rulings, its jury instructions, or its reliance on intended loss. However, in calculating the intended loss, the district court clearly erred by relying on market estimates that it deemed speculative and by confusing anticipated sales of You’s planned business with its anticipated profits.

Posted by: Karen Belcher on Jul 11, 2023

The Defendant, Kyanedre Oshea-Malik Benson, was convicted in the Haywood County Circuit Court of one count of employing a firearm during the attempt to commit voluntary manslaughter, a Class C felony; one count of possession of a firearm by a convicted felon, a Class C felony; one count of attempted voluntary manslaughter, a Class D felony; ten counts of reckless aggravated assault, a Class D felony; and one count of reckless endangerment with a deadly weapon, a Class E felony. After a sentencing hearing, he received an effective sentence of sixty-two years in confinement. On appeal, the Defendant claims that the evidence is insufficient to support his convictions of attempted voluntary manslaughter and employing a firearm during the attempt to commit voluntary manslaughter and that the trial court erred by refusing to merge one of his convictions of reckless aggravated assault into his conviction of attempted voluntary manslaughter. Upon review, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Jul 11, 2023

Defendant, Rex Allen Moore, appeals the trial court’s revocation of his probation after incurring new criminal charges related to his failing to report an email address to the sex offender registry. On appeal, Defendant argues that the trial court abused its discretion by finding that he knowingly violated the terms of his probation. Following a de novo review of the record, we affirm.

Posted by: Paul Burch on Jul 11, 2023

Three Black employees of the Nashville Electric Service (NES) have filed separate lawsuits in federal court alleging that the utility's promotion process was discriminatory, that they were subject to a hostile work environment and that NES was negligent in failing to take corrective action, the Tennessean reports. NES President and CEO Teresa Broyles-Aplin said the utility is aware of the suits but does not comment on pending litigation.

Posted by: Karen Belcher on Jul 11, 2023

The Petitioner, Ricky Campbell, Jr., pleaded guilty to theft of more than $10,000. Thereafter, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel, which the post-conviction court denied after a hearing. After review, we affirm the post-conviction court’s judgment.

Posted by: Karen Belcher on Jul 11, 2023

Defendant, Luis Alexis Briceno, was convicted of alternative counts of driving under the influence of an intoxicant (second offense), driving on a revoked license, and violation of the financial responsibility law. The trial court imposed an effective sentence of eleven months, twenty-nine days, with seventy-five percent release eligibility, and service of fiftynine days in confinement before release on probation. On appeal, Defendant argues that the Tennessee Administrative Office of the Courts erred by denying his request of funding for expert assistance; Rule 13 of the Tennessee Supreme Court is unconstitutional both on its face and as applied in his case; and the trial court erred by denying his motion to suppress the results of his breath test. After a thorough review of the record and the briefs and oral arguments of the parties, we affirm the judgments of the trial court.


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