The budget committee of the Sumner County Commission voted last week to eliminate the county’s human resources department, a move which would save the county approximately $100,000 annually. The Tennessee Lookout reports that HR Director Cheryl Lewis-Smith told the committee that she was concerned about the welfare of Sumner County employees and the potential liability risks to the county if the HR department is dissolved. The vote must be approved by the full commission.

THAPAR, Circuit Judge. Jarmaine Carter pled guilty to illegally possessing a firearm. Because Carter had been convicted of robbery, the district court enhanced Carter’s sentencing range. On appeal, Carter argues the enhancement was improper because robbery isn’t a crime of violence. We disagree and affirm. 

Join your colleagues at TBA’s Annual Convention in Knoxville to learn about employment law issues that arise in a multitude of legal practice areas. “Top 10 Employment Law Updates All Tennessee Lawyers Should Know About” will discuss emerging issues in federal and state employment law that all Tennessee lawyers should know about to effectively spot issues, help their clients navigate them and identify resources to do so effectively. Visit the Convention CLE page for more information on this and other CLE programming. Can't make it to the full convention? You can register for just this individual course. 

On demand videos from this year's Business Law Forum: Business Transactions in the News — What Tennessee Lawyers Oughta Know are now available for purchase in the CLE Course Catalog. As a member of the TBA Business Law Section, you will always receive a discount on CLE programming produced by the section. This year’s program featured Tennessee practitioners commenting and interpreting many of these newsworthy developments, including issues related to artificial intelligence, crypto failures, non-competes and celebrity executives. The speakers examined ethical uses of AI-driven platforms such as ChatGPT in the legal profession, current concepts related to transactional non-competes (including the related impact of proposed federal policies), lessons learned from cryptocurrency bankruptcies like FTX, and the legal constraints that celebrity executives and directors must navigate when balancing their public image with regulatory obligations.

Check out the individual videos or purchase the convenient 1-click CLE package.

TBA is hitting the road and coming Gallatin on Wednesday. The Court Square series is designed to provide attorneys with the latest developments in multiple areas of the law. Kick off the afternoon with a lunch and learn networking session with TBA leadership. Titles include a TBA Legislative Update with Government Affairs Director Berkley Schwarz, Can You Truly Protect Assets From TennCare Estate Recovery? with Bryson Eubanks of Kane & Crowell, and a Social Security 101 update with Gallatin attorney Chris George of George & George. Visit the registration site for details.

Can't join us for the full TBA Convention later this month? Or maybe you need to add on a guest ticket? Individual tickets are now available for purchase for Thursday's law school breakfasts, the Bench Bar Luncheon and the social event with judges at Neyland Stadium, as well as Friday's Lawyers Luncheon. Visit our ticket site for more info.

DAVIS, Circuit Judge. Matthew Dickson brought this action under the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. § 227, alleging that Direct Energy, LP sent him multiple ringless voicemails (“RVMs”). The district court determined that Dickson received only one RVM and dismissed the suit, finding that Dickson suffered no concrete harm and therefore lacked standing. Dickson now appeals the order dismissing his claim. We conclude that, regardless of the number of RVMs Dickson received, his asserted injury bears a close relationship to one recognized at common law. We further find that Direct Energy caused Dickson precisely the type of harm Congress sought to address through the TCPA. Accordingly, Dickson suffered a concrete injury for purposes of Article III standing. We therefore REVERSE the order of the district court and REMAND for further proceedings.

The Appellant, Antonio Tywan James, appeals as of right from his convictions of firstdegree premeditated murder and tampering with evidence, for which he received an effective sentence of life imprisonment. The Appellant argues the trial court erred in denying funds to obtain expert services and in excluding the Appellant’s conversation with his aunt, Annie Merriweather, as inadmissible hearsay. Based upon the combination of these two alleged trial errors, the Appellant contends reversal under the cumulative error doctrine is required. The Appellant additionally argues the trial court erred in not requiring the State to elect which item it was using in its prosecution of tampering with evidence. Upon our review, we affirm.

Citizens of Tennessee may apply to the Tennessee Department of Revenue (the “Department”) for license plates featuring unique, personalized messages. Tennessee Code Annotated section 55-4-210(d)(2) provides that “[t]he commissioner shall refuse to issue any combination of letters, numbers or positions that may carry connotations offensive to good taste and decency or that are misleading.” After her personalized plate featuring the message “69PWNDU” was revoked by the Department, Leah Gilliam (“Plaintiff”) filed suit against David Gerregano (the “Commissioner”), commissioner of the Department, as well as the then-Attorney General and Reporter. Plaintiff alleged various constitutional violations including violations of her First Amendment right to Free Speech. The Department and the State of Tennessee (together, the “State”) responded, asserting, inter alia, that the First Amendment does not apply to personalized plate configurations because they are government speech. The lower court, a special three judge panel sitting in Davidson County, agreed with the State. Plaintiff appeals, and we reverse, holding that the personalized alphanumeric configurations on vanity license plates are private, not government, speech. We affirm, however, the panel’s decision not to assess discovery sanctions against the State. Plaintiff’s other constitutional claims are pretermitted and must be evaluated on remand because the panel did not consider any issues other than government speech. This case is remanded for proceedings consistent with this opinion.

During this year's TBA Convention in Knoxville, the TBA is offering individual registration for a select number of our CLE courses. Options include Mediator Ethics, Top 10 Employment Law Updates All Tennessee Lawyers Should Know, Embracing ChatGPT for Lawyers, Positive Psychology and Leadership Hour, and Attorney Wellness Inside and Out. Visit the individual registration sites for dates and times.