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Posted by: Julia Wilburn on May 19, 2023

The Sixth Circuit Court of Appeals has dismissed the remaining claims against Hamilton County Sherriff’s deputy Jacob Goforth in the “baptism case” against former deputy Daniel Wilkey. Wilkey arrested a woman during a traffic stop and then “baptized” her in Soddy Lake. Goforth allegedly arrived on the scene and a lawsuit against him says that he should have tried to stop the baptism. The Chattanoogan reports that attorney Jerry Tidwell said, "In a unanimous opinion, the court ruled that deputy Goforth was entitled to qualified immunity as his actions violated no clearly established constitutional right of the late Shandle Riley.”

Posted by: Julia Wilburn on May 19, 2023

Chancellor JoeDae Jenkins ruled Thursday that two Memphis mayoral candidates can continue their campaigns, citing a 1996 ballot referendum that eliminated the five-year residency requirement. Shelby County Sheriff Floyd Bonner and Memphis NAACP President Van Turner sued the Shelby County Election Commission over the requirement that candidates must have lived in Memphis for at least five years to be eligible. The Commercial Appeal quotes Jenkins’ ruling, saying, "The court finds and concludes it does not find any ambiguity at all … rather the reading is quite simple on its face, particularly when read in its proper context which retains the integrity of the ordinance without adding or taking away from it. That is to say, the mayoral qualification clause is dependent on the qualifications of the (city council members).”

Posted by: Julia Wilburn on May 19, 2023

Two free legal help clinics are scheduled for next week in Nashville, hosted by the Legal Aid Society for Middle Tennessee and the Cumberlands (LAS). May 24 is a veterans only clinic from 11 a.m.-1 p.m. CDT at Operation Stand Down, 112 12th Ave. S. Nashville 37203. On May 27, a clinic will take place from 9:30-11:30 a.m. CDT at Belmont Ministry Center, 2005 12th Ave. S, Nashville 37204.

Posted by: Julia Wilburn on May 19, 2023

Mark your calendar for Dec. 1 and plan to attend the Annual Environmental Forum! More details will be available soon on the CLE website.

Posted by: Paul Burch on May 18, 2023

President Joe Biden approved federal disaster assistance for Tennessee today to supplement recovery efforts in the areas affected by severe storms that occurred March 1-3. The designation allows federal disaster assistance to be made available to affected individuals in Benton, Bledsoe, Campbell, Carroll, Cheatham, Clay, Crockett, Davidson, Decatur, Dickson, Fentress, Gibson, Giles, Grundy, Hamilton, Hardin, Haywood, Henderson, Henry, Hickman, Houston, Humphreys, Jackson, Lake, Lauderdale, Lawrence, Lewis, Macon, Madison, Marion, Meigs, Monroe, Montgomery, Moore, Obion, Perry, Pickett, Polk, Rhea, Robertson, Stewart, Sumner, Tipton, Wayne and White counties. Those who sustained losses can begin applying for assistance online or by calling 800-621-3362 Learn more about ways you can help.

Posted by: Tanja Trezise on May 18, 2023

A Shelby County jury convicted the Defendant, Gregory Hickman, of rape of a child, and the trial court sentenced the Defendant as a Range II offender to forty years in prison. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction and that the trial court erred when it allowed the State to submit a rebuttal closing argument. After our review, we affirm the trial court’s judgment.

Posted by: Paul Burch on May 18, 2023

The U.S. Court of Appeals for the 5th Circuit heard oral arguments Wednesday in the case Alliance for Hippocratic Medicine v. FDA, which challenges the Food and Drug Administration's 2000 approval of mifepristone, a commonly used drug for abortions and miscarriages, reported Roll Call. The three judge panel expressed concern about telemedicine and the lack of oversight when prescribing and dispensing the drug by mail. The pharmaceutical industry has warned that a court ruling challenging the FDA’s authority to regulate drugs would be unprecedented and could undermine the development and approval of new medications.

Posted by: Tanja Trezise on May 18, 2023

Defendant, Charles Randolph Johnson, was convicted by an Anderson County Jury of one count of possession with intent to sell or deliver heroin within 1,000 feet of a drug free school zone; possession of more than 14.175 grams of marijuana with intent to sell or deliver; and possession of drug paraphernalia. The trial court imposed an effective thirtyyear sentence to be served in confinement. On appeal, Defendant appears to argue that (1) the length of time between his trial and the hearing on his motion for new trial violated his right to due process; (2) the search warrant was invalid; (3) the untimely “constructive amendment” of the indictment rendered it invalid; (4) the evidence was insufficient to support his convictions, and the State committed prosecutorial misconduct; and (5) he received ineffective assistance of counsel. After a thorough review of the record and the parties’ briefs, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on May 18, 2023

A patient brought a health care liability action against a hospital after she developed a pressure wound during her hospital stay. The hospital moved for summary judgment on the ground that the patient’s standard of care expert was not competent to testify under the Health Care Liability Act. Alternatively, it sought to narrow the remaining claims through a partial summary judgment. The trial court disqualified the expert witness and granted the hospital summary judgment on all claims. The court’s decision was based, in part, on grounds not raised in the hospital’s motion for summary judgment. Because we conclude that the expert was competent to testify and the trial court erred in ruling on additional grounds not raised by the movant, we vacate the judgment in part.

Posted by: Tanja Trezise on May 18, 2023

CHAD A. READLER, Circuit Judge. Vickie Tranbarger’s quality of life declined precipitously after a routine surgery. She later left her job and claimed disability benefits, which her insurer denied. Tranbarger challenged that decision in district court. Resolution of the case turned on Tranbarger’s ability to demonstrate complete and continuous disability during the six months following her resignation. After reviewing the administrative record, the district court concluded that Tranbarger failed to prove as much. Accordingly, the court granted judgment to the insurer. We now affirm. 


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