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Posted by: Tanja Trezise on May 5, 2023

The Petitioner, Christopher Bostick, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions for rape of a child and aggravated sexual battery. On appeal, the Petitioner argues that the post-conviction court erred by denying his claims that he received the ineffective assistance of trial counsel. We affirm the post-conviction court’s judgment.

Posted by: Tanja Trezise on May 5, 2023

The Defendant, Joshua X. Beasley, was convicted in the Knox County Criminal Court of various drug offenses committed within a drug-free zone and received an effective fifteenyear sentence to be served at one hundred percent in confinement. Subsequently, the trial court granted his motion to resentence him pursuant to the amended version of the Drug- Free Zone Act and imposed an effective twelve-year sentence to be served at thirty percent release eligibility. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court erred by initially sentencing him under the previous version of the Act. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the Defendant’s convictions but remand for resentencing as to his conviction in count four, delivering fentanyl, and correction of the judgment.

Posted by: Tanja Trezise on May 5, 2023

A father appeals the termination of his parental rights to two children. The trial court concluded that the petitioners proved four statutory grounds for termination by clear and convincing evidence. The court also concluded that there was clear and convincing evidence that termination was in the children’s best interest. After a thorough review, we agree and affirm.

Posted by: Tanja Trezise on May 5, 2023

This is an appeal from a final decree of divorce involving the trial court’s award of parenting time and requiring parental restrictions. The trial court entered a permanent parenting plan in which Mother and Father were awarded equal parenting time, with Father being named the primary residential parent. The trial court also ordered that neither Father nor Mother were to consume alcohol in the presence of Child. Father appeals. Having carefully reviewed the record, we affirm the trial court’s order. We further award Mother her attorney’s fees on appeal and remand to the trial court for a determination of the amount awarded.

Posted by: Paul Burch on May 5, 2023

The Tennessee Supreme Court in a ruling released Friday extended the favorable termination standard to claims for malicious prosecution only if an objective examination, limited to the documents disposing of the proceeding or the applicable procedural rules, indicates the termination of the underlying criminal proceeding reflects on the merits of the case and was due to the innocence of the accused. Read the full ruling.

Posted by: Paul Burch on May 5, 2023

Former Tennessee Titans offensive tackle Taylor Lewan has filed a lawsuit against surgeon Dr. James Andrews and employees of the Andrews Institute Orthopedics & Sports Medicine for malpractice and damages relating to Lewan's knee surgery performed in 2020, the Tennessean reports. Lewan alleges Andrews and his surgical team failed to properly treat his injury to the anterior cruciate ligament, resulting in permanent damage, severe pain and disability and his inability to sustain his football career.

Posted by: Paul Burch on May 5, 2023

Robert Lewis, a founding partner of Lewis Brisbois Bisgaard & Smith, stepped down as chairman on Wednesday after 110 of the firm’s lawyers quit in a mass departure. Lewis Brisbois has offices throughout the U.S. including Nashville. On Tuesday, John Barber, the former chair of the firm’s employment practice, told Reuters that up to 140 lawyers could eventually join a new firm he is forming with Jeffrey Ranen, the former national vice chair of the labor and employment practice at Lewis Brisbois. In January, 32 cybersecurity lawyers left Lewis Brisbois to join a rival firm, Constangy, Brooks, Smith & Prophete. Read more from Reuters.

Posted by: Paul Burch on May 5, 2023

In celebration of Mental Health Awareness Month, the Institute for Well-Being in Law has inaugurated the first annual Well-Being Week in Law (WWIL) May 1-5. Visit the website to find out more. In addition, the U.S. Surgeon General’s office released a new study about the healing effects of social connections. Visit the website for details. TBA Members attending the 2023 TBA Convention in Knoxville June 14-17 who are interested in mental health issues should sign up for the CLE, Attorney Wellness Inside and Out, a two-part panel discussion on how to improve your well-being. Visit the Convention page for more details and be sure register for the convention.

Posted by: Paul Burch on May 5, 2023

Legal Aid Society of Middle Tennessee and the Cumberlands (LAS) will host four legal aid clinics in the Nashville area next week May 9-13. On May 10, the clinic Operation Stand Down will be held exclusively for veterans. Find out more on the LAS website.

Posted by: Paul Burch on May 5, 2023

Davidson County attorney Tyree B. Harris IV was reinstated to the practice of law today. He had been placed on inactive status on April 29, 2022. The Board of Professional Responsibility indicated that the petition for reinstatement was satisfactory. The Tennessee Supreme Court made his reinstatement effective as of May 2.


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