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Posted by: Julia Wilburn on Jul 10, 2023

The Sixth U.S. Circuit Court of Appeals has temporarily reinstated Tennessee’s law banning gender-affirming medical care for transgender minors, allowing a ban on treatments that include hormone blockers and surgery to take immediate effect. The Associated Press reports that a three-judge panel voted 2-1 to reverse a Nashville federal judge’s order that prevented the law from taking effect July 1. Attorney General Jonathan Skrmetti praised the ruling in a statement, saying “The case is far from over, but this is a big win.”

Posted by: Karen Belcher on Jul 10, 2023

In this case involving termination of the father’s parental rights to his children, the trial court found by clear and convincing evidence three statutory grounds for termination of the father’s parental rights to all three of his children, and the court found by clear and convincing evidence additional putative father grounds for termination of his parental rights to his youngest child only. The trial court further determined that clear and convincing evidence established that termination of the father’s parental rights was in the children’s best interest. The father has appealed. Having determined that the trial court found two statutory grounds, abandonment by failure to visit and abandonment by failure to support, that were not included in the petitioners’ original or amended petitions, we reverse the court’s findings on these two grounds. We must also reverse the four statutory grounds applicable to a putative father inasmuch as the petitioners did not present evidence to establish that the father qualified as a putative father. We affirm the trial court’s judgment in all other respects, including termination of the father’s parental rights based upon the remaining ground and best interest analysis.

Posted by: Karen Belcher on Jul 10, 2023

This action involves the termination of a father’s parental rights to his child. Following a bench trial, the court found that clear and convincing evidence existed to establish the following statutory grounds of termination: (1) abandonment by wanton disregard; (2) incarceration for a period of ten or more years; and (3) the persistence of conditions which led to removal. The court also found that termination was in the best interest of the child. We affirm the trial court’s ultimate termination decision.

Posted by: Karen Belcher on Jul 10, 2023

For the week of July 3, 2023 - July 7, 2023

Posted by: Julia Wilburn on Jul 10, 2023

The city of Memphis Friday filed a motion to dismiss the civil suit from Tyre Nichols’ mother and estate, saying that Nichols’ death was the product of “five rogue police officers” and the city had no hand in the man’s death. According to the Daily Memphian, the city said it should not be a party to the suit because it fired the officers charged in Nichols’ death and disbanded the unit they belonged to.

Posted by: Julia Wilburn on Jul 10, 2023

Jennifer Sink is leaving her position as attorney for the city of Memphis to take a position at Memphis Light, Gas and Water. The Daily Memphian takes a look at her tenure at City Hall under Mayor Jim Strickland which included the COVID-19 pandemic and several lawsuits against the city. Sink says that much of her work — like a lot of what city government does — probably has gone unnoticed by residents. “There’s a lot of little things that we’ve done that maybe aren’t glamorous, maybe don’t make the news, but they’re important, and they have a ripple effect on people’s livelihood and their lives."

Posted by: Julia Wilburn on Jul 10, 2023

Dresden attorney and former Democratic lawmaker Roy Herron passed away on Sunday due to injuries sustained in a jet ski accident on July 1. He was 69. The former chair of the Tennessee Democratic party, Herron served a combined 26 years in the state’s House and Senate, where he became floor leader and caucus chair for the Democrats. A graduate of the University of Tennessee at Martin, Herron was also one of the first students to earn joint degrees in divinity and law from Vanderbilt University. Herron is the author of three books, including "Things Held Dear: Soul Stories for My Sons." He recently attended TBA’s convention in Knoxville to participate in a book signing. TBA President Jim Barry says, “Roy was a credit to our profession and a great Tennessean. He will be deeply missed by his family and many friends, and his family is in our thoughts and prayers.” Herron is survived by his wife of 36 years, Rev. Nancy Carol Miller-Herron, his three sons, John, Rick and Benjamin; his brother, Ben; and many cousins, nephews and nieces. Funeral arrangements are pending, but services are expected to be held on Saturday at First United Methodist Church in Martin.

Posted by: Julia Wilburn on Jul 10, 2023

Three free legal help clinics are available in Middle Tennessee this week through Legal Aid Society of Middle Tennessee and the Cumberlands. To volunteer contact Kendra Cheek, 615-780-7131.

  • July 11 at the Gallatin Civic Center from 4:30-5:30 p.m. CDT, 210 Albert Gallatin Ave., Gallatin 37066
  • July 12 at Operation Stand Down (veterans only) from 11 a.m.-1 p.m. CDT, 1125 12th South, Nashville 37203
  • July 13 at Greenhouse Ministries from 3 p.m.-4:30 p.m. CDT, 309 South Academy St., Murfreesboro 37130

A veterans-only legal help clinic will be held in Knoxville on July 12 at the Knox County Public Defender's Office from noon-2 p.m. EDT, 1101 Liberty St., Knoxville 37919.

Posted by: Karen Belcher on Jul 10, 2023

The Defendant, Marquez Travell Billingsley, pleaded guilty to conspiracy with intent to sell over fifteen grams of heroin in a drug-free zone, a park. In exchange, the State dismissed other charges pending against him. Pursuant to the plea agreement, the trial court sentenced the Defendant to twelve years, to be served at 100%. Several years later, the Defendant filed a motion to be resentenced pursuant to Tennessee Code Annotated section 39-17-432(h). After a hearing, the trial court denied relief. On appeal, we conclude that an appeal as of right does not lie from a trial court’s decision regarding a motion for discretionary resentencing pursuant to the Drug-Free School Zone Act. Accordingly, the Defendant’s appeal is dismissed.

Posted by: Karen Belcher on Jul 10, 2023

LARSEN, Circuit Judge. The Federal Aviation Administration (FAA) temporarily suspended Delbert Stewart’s private pilot airman’s certificate, but Stewart kept flying his plane. So the FAA permanently revoked Stewart’s airman’s certificate. Still, Stewart kept flying. Now Stewart challenges his criminal conviction for flying without authorization. We AFFIRM.


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