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Posted by: Tanja Trezise on Jul 5, 2023

CHAD A. READLER, Circuit Judge. Paul Brewer was found blindfolded and tied to his bed with two bullet holes in him. Brewer’s death went unexplained for years, until Natasha Martin confessed to being part of a scheme to rob Brewer in his home. According to Martin, Nickie Miller and others killed Brewer after Martin left the scene. But Martin would later recant and re-confess, and would do so more than once. Despite the back and forth, Miller was arrested and charged with murder based primarily on Martin’s confession.

Miller believed that Martin’s shifting story was the product of official misconduct. So he brought this action under 42 U.S.C. § 1983 against the prosecutor, polygrapher, and investigating officers, as well as Montgomery County. While couched under the umbrella of numerous causes of action, the crux of Miller’s argument is that he was illegally detained without nonfabricated probable cause. The district court granted a mix of absolute and qualified immunity to defendants. We agree and affirm.

Posted by: Tanja Trezise on Jul 5, 2023

The petitioner, Jaselyn Grant, appeals the denial of her petition for post-conviction relief, which petition challenged her convictions of second degree murder, reckless endangerment, and aggravated assault, alleging that she was deprived of effective assistance of counsel at trial. Because the petitioner has failed to establish that she is entitled to post-conviction relief, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Jul 5, 2023

Petitioner, Joshua Allen Felts, appeals from the Davidson County Criminal Court’s denial of post-conviction relief from his 2013 convictions for theft of property valued at less than $500 (Counts One and Four), attempted theft of property valued at less than $500 (Counts Two and Three), and theft of property valued at $1,000 or more but less than $10,000 (Count Five). Petitioner contends that he was denied the effective assistance of counsel based upon trial counsel’s failure to: (1) file a motion to withdraw as requested by Petitioner; (2) object to a witness’s hearsay testimony regarding the ownership of the stolen items in Counts One through Four; (3) challenge the value of the stolen laptop in Count Five; (4) adequately prepare for trial; and (5) adequately communicate with Petitioner. Petitioner further contends that the cumulative effect of trial counsel’s errors entitles him to relief. Following our review, we affirm the post-conviction’s court denial of relief as to Petitioner’s conviction in Count Five; however, we reverse the denial of post-conviction relief as to Counts One through Four. We vacate the judgments of conviction in Counts One through Four and remand for a new trial on those counts.

Posted by: Tanja Trezise on Jul 5, 2023

This is an appeal from a summary judgment dismissal entered in favor of all defendants in a civil enforcement action involving violations of the Tennessee Consumer Protection Act and the Government Imposters and Deceptive Advertising Act. We vacate the dismissal and remand for further proceedings consistent with this opinion.

Posted by: Tanja Trezise on Jul 5, 2023

This is an insurance policy coverage dispute between Tennessee Farmers Mutual Insurance Company (“Tennessee Farmers”) and its insured, Hayes Family Partnership (“Hayes”). At issue is property damage to a commercial building owned by Hayes and insured by Tennessee Farmers. The damage, which was in excess of two hundred thousand dollars, was caused by a third-party tortfeasor, George Hardey, who drove his vehicle into the insured building. Shortly after the accident and without the knowledge or consent of Tennessee Farmers, Hayes executed a release of all claims against Hardey and his insurer, Allstate Property & Casualty Company (“Allstate”), in consideration for the $25,000 policy limits paid by Allstate. After Hayes submitted its claim to Tennessee Farmers for benefits under its policy, Tennessee Farmers denied Hayes’ claim based on Hayes’ violations of material provisions in the insurance policy, including the provision that required Hayes to “do everything necessary to secure [Tennessee Farmers’] rights” and “do nothing after loss to impair them.” The trial court denied Tennessee Farmers’ Motion for Summary Judgment based, in part, on the “made whole” doctrine, and it ruled that “the release executed by Hayes in favor of the third-party tortfeasor George Hardey does not foreclose Hayes’ right to pursue recovery from Tennessee Farmers.” The trial court also reasoned that Tennessee Farmers may not avoid coverage “on the basis of breach of the insurance policy condition that its insured must do everything necessary to secure its rights and nothing to impair those rights, and Hayes[’] release of Hardey.” The trial court then granted Tennessee Farmers’ motion for permission to file an interlocutory appeal, which we also granted. The dispositive issue on appeal is whether Hayes forfeited its right to coverage under the Tennessee Farmers’ policy by, inter alia, releasing all of Hayes’ claims against the thirdparty tortfeasor and his insurance company without the knowledge or consent of Tennessee Farmers. We have determined that Hayes materially breached the insurance policy by releasing the third-party tortfeasor and his insurer from liability without the consent of Tennessee Farmers; therefore, Tennessee Farmers was entitled to summary judgment as a matter of law. Accordingly, we reverse the decision of the trial court and remand with instructions to summarily dismiss the complaint.

Posted by: Stacey Shrader Joslin on Jul 5, 2023

Three civil rights groups filed a complaint against Harvard on Monday, claiming its preferential policy for undergraduate applicants with family ties to the school overwhelmingly benefits white students, and therefore violates a federal law banning race discrimination. The complaint, which asks the Department of Education to investigate the matter, comes just days after the U.S. Supreme Court struck down race-conscious admissions policies at the university. The groups said the high court’s decision made it even more imperative to eliminate policies that disadvantage non-white applicants, Reuters reports. In related news, UT Law Professor Ben Barton recently talked about how the Supreme Court’s decision will affect colleges in an interview with WVEC-TV Channel 13 News Now.

Posted by: Stacey Shrader Joslin on Jul 5, 2023

U.S. District Judge Terry A. Doughty of Louisiana directed the Biden administration on Tuesday to limit contact with social media companies, Bloomberg Law reports. The preliminary injunction affects large swaths of the government, including the Department of Health and Human Services and the Federal Bureau of Investigation. Doughty said the government could not talk to social media companies for “the purpose of urging, encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech.” The case was brought by Louisiana and Missouri attorneys general who claimed the government was trying to silence posts that questioned COVID policies and the validity of the 2020 election.

Posted by: Stacey Shrader Joslin on Jul 5, 2023

A conservative nonprofit legal group, American First Legal, is warning law schools that give preferences to minorities and women that it will sue over those policies following last week's U.S. Supreme Court decision on affirmative action at two undergraduate schools. According to Reuters, the group sent letters to 200 U.S. law schools warning them not to give preferences in admissions, hiring or law journal selection. The group also said decisions based on factors in an applicant's biography that could serve as a proxy for race — such as socioeconomic status — also would be challenged. Read the letter.

Posted by: Stacey Shrader Joslin on Jul 5, 2023

The University of Tennessee College of Law recently announced on social media that Kristina “KK” Kersey will be joining the school’s clinic as an advocacy clinic professor. Kersey brings more than two decades of practice, teaching and training experience to the clinic. She previously worked at the Washington, D.C., based Gault Center as senior youth defense counsel, where she trained individuals defending youth in transfer proceedings throughout the country. Kersey’s dog, Biggie Smalls, also joins the clinic as the newest “furry” member.

Posted by: Stacey Shrader Joslin on Jul 5, 2023

Legal Aid of East Tennessee will host a free virtual clinic on July 15 at 10 a.m. EDT to assist adults seeking to change their names, Knox News reports. Participants will receive step-by-step assistance in completing their name change petitions as well as advice on filing pro-se. Interested individuals must pre-register by July 7 by calling 423-402-4765. LAET is partnering with the TBA Young Lawyers Division and Legal Aid Society of Middle Tennessee and the Cumberlands to hold this event. To volunteer email tglance@laet.org.


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