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Posted by: Karen Belcher on Jun 28, 2023

The Defendant, Darrick Hicks, was convicted by a Shelby County jury of aggravated assault and theft of property valued at more than $1,000. He was sentenced to an effective term of three years, which was suspended to probation after service of six months in custody. The sole issue raised on appeal is whether the evidence presented at trial is sufficient to sustain his conviction for theft of property. Based on our review, we respectfully affirm the judgment of the trial court, but we remand the case for correction and entry of judgments.

Posted by: Karen Belcher on Jun 28, 2023

In this interlocutory appeal, the employer asks whether the trial court had the authority to order it to provide personal contact information of company employees who are potential witnesses when no motion to compel discovery was pending. The employee suffered fatal injuries in a fall from a ladder, and the employer denied the claim, asserting a defense of willful misconduct. During a deposition, a company supervisor identified five employees who may have information regarding the existence and/or enforcement of the employer’s workplace safety rules. The claimant’s attorney requested these individuals’ contact information, and the employer’s attorney indicated he would provide that information voluntarily. After several status conferences, during which the employer’s counsel indicated he had not yet provided the requested information, the trial court entered an order compelling the employer to provide the requested information by a date certain. Three days prior to the deadline, the employer filed a motion for relief from the order and provided information needed to facilitate scheduling the depositions of these witnesses through the employer. The claimant’s attorney filed a responsive motion, indicating this information was neither responsive to her request nor compliant with the court’s order. The court issued a second order requiring the employer to provide the requested contact information “by the close of business” that day. The employer has appealed. Upon careful consideration of the record, we affirm in part and modify in part the trial court’s order and remand the case.

Posted by: Paul Burch on Jun 28, 2023

Nashville attorney John W. Dalton III died on May 23 at age 57. A Nashville native, Dalton graduated from the University of Virginia and earned a law degree at the University of Tennessee. Dalton worked as an attorney with the legal offices at TennCare and the Department of Health, but spent most of his career as senior counsel for the Office of the Tennessee Attorney General and Reporter,  advising clients from Memphis to Mountain City on complex matters involving employees of the state’s agencies and higher education institutions. The family asks to consider a donation to Second Harvest Food Bank of Nashville or the Governor’s Early Literacy for Children program in Dalton's memory.

Posted by: Paul Burch on Jun 28, 2023

Attorneys for the Tennessee Office of Legislative Administration stated in a Davidson County Chancery Court filing last week they believe state public records laws don’t apply to the legislative body, reports the Chattanooga Times Free Press. In addition, the attorneys argue it would violate the separation of government powers for a court to compel them to release documents related to their ongoing investigation into sexual harassment allegations against former Republican Rep. Scotty Campbell. The statements were made in response to a lawsuit by Brian Manookian, who is seeking public records related to the ethics investigations and personal schedules of top House officials.

Posted by: Paul Burch on Jun 28, 2023

The Florida Board of Bar Examiners say the state will not use the new version of the bar exam when it debuts in July 2026, reports Reuters. The test is currently being revamped by the National Conference of Bar Examiners. Florida is the fourth-largest bar exam jurisdiction in the U.S. behind New York, California and Texas. Nearly 2,800 law graduates took the exam in Florida in July 2022. The National Conference has said that it will offer jurisdictions a choice between the current Uniform Bar Exam and the NextGen Bar exam in 2026. But within two years, states will have to choose between the NextGen Bar exam or some other form of the test.

Posted by: Stacey Shrader Joslin on Jun 27, 2023

The Daily Memphian recently launched a series of reports on local residents’ perceptions of crime and public safety. Each installment is based on results from a public safety poll it commissioned. Daily Memphian CEO Eric Barnes writes in an introduction that survey results must be a “wake-up call for Memphis” to address the lack of accountability, transparency and trust in the local criminal justice system. The first installment, published Thursday, looked at thoughts on local crime and desire for more police. Friday’s piece looked at the range of area support for gun reform while Saturday’s issue explored the problem of speeding. On Sunday, the paper looked at how residents feel about their city. Monday’s installment carried reaction to the poll from Mayor Jim Strickland and the eight candidates running for mayor. Today, the series wrapped up with a look at how perceptions compare to actual crime data.

Posted by: Paul Burch on Jun 27, 2023

The state Supreme Court today permanently disbarred A. Sais Phillips Finney from the practice of law in Tennessee and ordered her to pay all costs incurred to the Board of Professional Responsibility. After final default hearing upon the disciplinary petition the hearing panel determined by a preponderance of the evidence that Finney failed to act diligently in the representation, failed to reasonably communicate with her clients regarding the status of their case, charged an unreasonable fee for the work performed, failed to refund all or a portion of client funds, failed to hold client funds in trust account, failed to respond to the disciplinary complaints and inquiries from the Board’s disciplinary counsel and knowingly violated the Tennessee Rules of Professional Conduct. Finney must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28.1 regarding the obligations and responsibilities of disbarred attorneys.

Posted by: Barry Kolar on Jun 27, 2023

The 2023 edition of the Tennessee Rules of Professional Conduct is now available from the Tennessee Bar Association. This handy, pocket-sized edition of the Rules features convenient indexes and finding aids and was produced through the efforts of the TBA's Standing Committee on Ethics and Professional Responsibility. It is the first update since the 2018 edition and includes all amendments as of and through Nov. 30, 2022. It is available for purchase in a spiral-bound format for $40 or free in PDF format.

Posted by: Paul Burch on Jun 27, 2023

The Court of Criminal Appeals has unanimously elected Judge Camille R. McMullen as its presiding judge. McMullen was appointed to the court by former Gov. Phil Bredesen in 2008. She is the first woman and the first African-American to lead the 12-member appellate court. McMullen succeeds Judge Curwood Witt of Knoxville. The presiding judge is elected by the members of the court and is tasked with managing the court’s docket, case assignments, meetings, committees and overall leadership.

Posted by: Karen Belcher on Jun 27, 2023

THAPAR, Circuit Judge. Since his lawyer didn’t file a notice of appeal, Michael McCormick moved to vacate his conviction. The district court denied the motion, and we affirm. 


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