A news item in Tuesday’s edition of TBA Today incorrectly reported a Sixth Circuit Court of Appeals decision on a death penalty appeal from William Glenn Rogers. The item was based on reporting from a dated story. Judge Amul R. Thapar on Monday delivered the opinion of the court to uphold the death penalty for Rogers.

The TBA recently learned of the death of former Nashville attorney Steve Cobb, who died earlier this year in Fort Myers, Florida. He was 78. A former member of the Tennessee House of Representatives, Cobb later represented the Tennessee Bar Association before the legislature for many years. In his private practice, Cobb focused on family law and immigration. He is a former president of the Nashville Bar Association and was instrumental in the founding of the Tennessee Foreign Language Institute (now the Tennessee Language Center) and the Nashville Sister Cities organization, which continues to support the longstanding relationship between lawyers in Nashville and Caen, France. Contributions in his memory can be made to UNICEF.

A special primary election will be held Aug. 3 to fill the House District 51 seat left vacant by the death of Rep. Bill Beck, D-Nashville, the Tennessean reports. The Davidson County Election Commission today set that date and Sept. 14 for the general election. Beck, a Nashville lawyer and longtime Democratic state representative died after suffering a heart attack on Sunday. He was 61.

Defendant, Randy O. Reynolds, stands convicted by a Dickson County jury of aggravated vehicular homicide (Count 1), vehicular homicide (Count 2), reckless homicide (Count 3), vehicular assault by driving under the influence (Count 4), simple possession of a schedule II controlled substance (Count 5), leaving the scene of an accident (Count 6), evading arrest (Count 7), and driving on a revoked license (Count 8). On appeal, Defendant argues (1) the trial court erred in denying his motion to suppress the results of his blood alcohol test; (2) the trial court erred in allowing the State to present expert testimony regarding the effects of intoxication; and (3) the evidence produced at trial was insufficient to support his all of his felony convictions, and his misdemeanor evading arrest conviction. After a thorough review of the record and applicable law, we affirm.

An injured truck driver brought suit against his alleged employer seeking to recover worker’s compensation benefits. The alleged employer did not appear at trial, and the trial court entered judgment in favor of the plaintiff. Eight months later, the alleged employer moved the trial court to set aside the judgment pursuant to Tennessee Rule of Civil Procedure 60.02, on the grounds that it did not receive notice of the trial date. The trial court denied the motion, finding that the alleged employer failed to notify the court and the plaintiff of its change of address and that plaintiff would be severely prejudiced if the court set aside the judgment. Discerning no error, we affirm.

At the heart of this appeal is a narrow procedural question: whether the 2021 amendment to Tennessee Code Annotated section 39-13-203 permits the Defendant, Byron Black, to move for a hearing on whether he has an intellectual disability and is therefore ineligible for the death penalty. The trial court dismissed the motion after determining that the Defendant was procedurally barred from bringing the issue. On appeal, we hold that because the issue of the Defendant’s intellectual disability has been previously adjudicated, he may not file a motion pursuant to Tennessee Code Annotated section 39-13-203(g)(1). We also hold that the General Assembly’s decision not to entitle the Defendant to a second hearing does not subject him to cruel and unusual punishment, nor does it deny him due process of law or the equal protection of the law. Accordingly, we respectfully affirm the judgment of the trial court.

The Defendant, Paul Tracy Bailes, appeals from the Hamilton County Criminal Court’s probation revocation of the fourteen-year split-confinement sentence he received for his guilty-pleaded convictions for forgery, two counts of theft of property, and two counts of attempted possession of methamphetamine for resale. On appeal, the Defendant contends that the trial court abused its discretion in revoking his probation, rather than permitting him to participate in the mental health court program. We affirm the judgment of the trial court.

A pro se petitioner seeks accelerated interlocutory review of an order denying a motion for recusal. Because the filing does not comply with Tennessee Supreme Court Rule 10B, we dismiss the appeal.

For the week of May 29, 2023 - June 2, 2023

THAPAR, Circuit Judge. Darrin VanPelt tried to escape while under arrest. So Officer Aaron Layne tackled him and physically tried to lift him up. Now, VanPelt claims that he was tackled and then lifted and dropped in violation of the Fourth Amendment. The district court granted summary judgment, concluding Officer Layne was entitled to qualified immunity. We affirm.