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.

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.

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.

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.

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. 

Rick Barnes, head coach of the University of Tennessee men’s basketball team, will address the 2023 Bench Bar Luncheon during the annual TBA Convention in Knoxville, June 14-17. The luncheon will follow the annual Bench Bar program, which features three sessions looking at sports and the law. Barnes was named the 2019 Naismith College Coach of the Year after guiding Tennessee to a school-record-tying 31 wins and a sweet 16 appearance. Also during the luncheon, Tennessee Supreme Court Justice Sharon G. Lee will receive the TBA’s prestigious Justice Frank F. Drowota III Outstanding Judicial Service Award and First Judicial District Chancellor John C. Rambo of Jonesborough will be presented with the Judge Pamela L. Reeves Tennessee Professionalism Award, which is given jointly by TBA and the Tennessee American Inns of Court. Learn more about and register for the TBA Convention.

CLAY, Circuit Judge. Plaintiff Appalachian Regional Healthcare, Inc. sued Defendant U.S. Nursing Corporation for indemnity in this diversity of citizenship action pursuant to 28 U.S.C. § 1332(a). Appalachian sought reimbursement for costs it incurred to a settle a lawsuit initiated by a patient whose injuries were allegedly exacerbated by the nursing staff provided to Appalachian’s hospital facility by U.S. Nursing. Appalachian prevailed at trial, and U.S. Nursing now appeals the district court’s order denying its request for a new trial. For the reasons set forth below, we AFFIRM.

The Tennessee Supreme Court today placed Davidson County lawyer Cristy Ann Braun on disability inactive status. Attorneys on disability inactive status may not practice law while on inactive status but may petition the court for reinstatement to active status after showing their disability has been removed.

Members of the Memphis City Council have begun the process of eliminating the elected office of city court clerk and reinstating the Division of Traffic Violations under city administration, the Commercial Appeal reports. Council members are considering allowing voters to decide next year whether to recreate the elected position. City attorneys advised the Memphis City Council that the 1975 ordinance that created the office of city court clerk was never formerly adopted as a charter amendment. City Court Clerk Myron Lowery, whose term ends Jan. 1, 2024, said he had not been informed of the vote.

The TBA LGBT Forum 2023 will take place virtually on June 23, as a kick off to Pride weekend. This year’s forum will provide three dual hours of CLE on topics affecting the trans community. Join leaders from across the state who will provide essential updates on emerging issues, access to health care, trans-focused bills and much more. The first 10 registrants will receive a reserved seat on Nashville’s Big Drag Bus for a two-hour tour of the city with LGBT Section leadership and some of the city’s top drag performers! Learn more and register below.

When: Friday, June 23, 10 a.m. – 1:15 p.m. CDT
Where: Zoom webinar, connection info sent the week of the forum

Drag bus tour: Friday, June 23, 6 – 8 p.m. CDT, Nashville

REGISTER NOW