Vivian Wilhoite, a former Metro council member and current Davidson County property assessor, is the latest candidate announce a campaign to be Nashville’s next mayor. She joins former Republican congressional candidate Natisha Brooks; state Sen. Heidi Campbell, D-Nashville; Metro Council members Sharon Hurt and Freddie O’Connell; state Sen. Jeff Yarbro, D-Nashville; Republican strategist Alice Rolli; former Metro official Matt Wiltshire; former school board member Fran Bush; and former AllianceBernstein executive Jim Gingrich. The filing deadline is May 18. The Nashville Scene has more on the race.

JANE B. STRANCH, Circuit Judge. Cornelius Pierre Howell died of a sickle cell crisis while in pretrial custody at the Hamilton County Justice Center on December 9, 2018. Rather than transport a distressed Howell to a local hospital, nurses and jail personnel placed him in a restraint chair and put him in an observation room in the Jail’s mental health unit. Howell remained strapped to the chair with minimal observation until jail personnel found him dead approximately four hours later. His Estate sued the nurses, their employer, NaphCare, Inc., the jail personnel, and Hamilton County for, as relevant to this appeal, deliberate indifference to his serious medical needs, excessive force, and failure to train, all in violation of the Fourteenth Amendment. The district court found that none of the Defendants violated Howell’s constitutional rights and granted summary judgment. We AFFIRM IN PART, REVERSE IN PART, and REMAND for further proceedings.

The Defendant, Tinisha Nicole Spencer, appeals her jury conviction for driving under the influence, fifth offense. The trial court sentenced her to two years suspended after service of 150 days in jail. On appeal, the Defendant challenges whether the State established an unbroken chain of custody for her blood sample, whether the sentence enhancement counts were void because they included the dates of the prior offenses rather than the dates of conviction as required by statute, and whether the sentence enhancement counts vested the trial court with jurisdiction to sentence her as a multiple offender because they incorporated a facially void judgment. Following our review, we affirm the judgments of the trial court.

The Defendant, Shaquil Murphy, was convicted by a Knox County Criminal Court jury of attempted first degree premeditated murder, attempted second degree murder, unlawful possession of a firearm by a convicted felon, two counts of aggravated assault, and two counts of employing a firearm during the commission of a dangerous felony. On appeal, the Defendant challenges the sufficiency of the evidence for the attempted murder and employing a firearm convictions and argues that the trial court erred by not dismissing the employing a firearm counts of the indictment and by including duty to retreat language in the jury instruction on self-defense. Based on our review, we affirm the judgments of the trial court.

In this interlocutory appeal, the employee asserts the trial court erred in denying his request for a second medical opinion related to alleged bilateral wrist injuries. Specifically, the employee contends he injured his hands and wrists while installing steel shelving in the course and scope of his employment. The employer eventually authorized medical treatment, provided a panel of physicians, and approved a referral to a hand specialist. After one visit, the authorized specialist placed the employee at maximum medical improvement, assigned no permanent impairment, and opined that the employee’s condition was related to an underlying pre-existing condition. Thereafter, the employee asked to see another physician for treatment options. Following an expedited hearing, the trial court concluded that the employee was not entitled to a second opinion because his authorized treating physician did not recommend surgery or refer him for a second opinion. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s decision and remand the case.

Those arrested in Nashville who show signs of mental illness can be referred to a Behavioral Care Center where they are provided with 30 days of treatment as an alternative to incarceration. The center has been in operation for three years and now Shelby County Mayor Lee Harris and a delegation from the county criminal justice system plan to visit the facility in hopes of opening something similar in the Memphis area. Harris tells the Tennessean that chances look good for opening a mental health center in Shelby County.

Week of April 24, 2023 - April 28, 2023

The U.S. Supreme Court today announced it will hear a case that could significantly scale back federal agencies’ authority, with major implications for the future of environmental and other regulations, The Hill reports. During the next term, the justices will consider whether to overturn a decades-old precedent that has come to be known as the “Chevron” doctrine, which grants deference to agencies when Congress leaves ambiguity in a statute. In the case accepted for review, a fishing company is appealing a lower court ruling that upheld a National Marine Fisheries Service regulation based on the doctrine.

The TBA will host a webinar this Wednesday from noon to 1 p.m. CDT to look at the health and wellness impacts of changing our clocks for Daylight Saving Time. Join us as we explore the science and advocacy related to this practice. Joanna McCracken, chair of the TBA’s Attorney Well Being Committee, will interview Dr. Beth Malow, director of the Vanderbilt Sleep Division, who has testified on the health aspects related to the practice of changing clocks and has spearheaded legislation to end Daylight Saving Time in Tennessee. Learn more and register here.

Memphis Area Legal Services (MALS) will hold three legal clinics in May. The “Attorney of the Day Clinic” will take place May 4 and 18 from 1-3 p.m. CST at the Shelby County Courthouse, 140 Adams Ave., Room 134, Memphis 38103. The monthly clinic at the Benjamin Hooks Library will take place May 13 beginning at 10 a.m. The library is located at 3030 Poplar Ave., Memphis 38111. For both clinics, clients will be served on a first come, first served basis. For questions or to volunteer contact Heather Staggs or Walter Casey.