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Posted by: Laura Labenberg on Mar 24, 2025

Montgomery Bell Academy (MBA) of Nashville was named the 2025 Tennessee State High School Mock Trial champion Saturday night after two days of preliminary rounds. The school prevailed over Agathos Classical School from Columbia. Tennessee State Supreme Court Justice Mary Wagner presided over the round, while members of the TBA Young Lawyers Division's (YLD) Executive Committee, TBA President Ed Lanquist Jr., TBA Vice President Heidi Barcus and TBA Executive Director Sheree Wright served as jurors. Earlier in the day, the top eight teams were announced, an MVP for each of the 16 teams was recognized, individual awards were presented to the best advocates and witnesses, and Sevier County High School of Sevierville was awarded the 2025 Sportsmanship Award. The top three artists in the inaugural Artist in the Courtroom Contest also were recognized and the first place winner was on hand to accept the award. Read more about the event and see photos.

Posted by: Stacey Shrader Joslin on Mar 24, 2025

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a new structure for handling the appointment of attorneys in indigent cases. One question that has been raised is whether attorneys currently taking appointed cases will be able to continue to do so under the new structure. In a recent interview with TBA President Ed Lanquist Jr., AOC staff explained that the plan assumes that all those currently taking cases will continue to do so. This proposal in no way is intended to exclude anyone. While the process for appointment will be different, the goal is to maintain the current roster of attorneys while also expanding the pool of available lawyers. AOC staff indicated they have been encouraged by interactions with lawyers who previously stopped accepting appointed cases but are interested in getting involved again. They also believe the new structure will be appealing to new lawyers and those interested in practicing in rural areas since the contract model will provide a “book of business” and more steady income. Watch the full interview or learn more about the plan and indigent representation in Tennessee.

Posted by: Jarod Word on Mar 24, 2025

The TBA Appellate Practice Section on April 30 will host a free webinar regarding recent developments on waivers in Tennessee appellate courts. Presenters Donald Capparella and Jacob Vanzin will explore recent decisions by the Tennessee Court of Appeals and Supreme Court affecting when a litigant will be determined to have waived an issue on appeal. The speakers will emphasize the impact of these decisions on issue statements and citations in appellate briefs. One hour of general CLE credit is available for a $60 processing fee. Learn more and register here.

Posted by: Azya Thornton on Mar 21, 2025

BLOOMEKATZ, Circuit Judge. Aaron Salter spent 15 years in prison for a deadly shooting he did not commit. Salter’s conviction rested on a single eyewitness’s testimony identifying him as one of two shooters. There was no physical evidence or other witness tying Salter to the murder. Instead, the eyewitness identified Salter when the lead investigator, Detective Donald Olsen, showed him a single mug shot of only Salter and said that police had already arrested one of the shooters. That same eyewitness testified that he also identified a different man as the shooter from a photo array. And that man more closely resembled the witness’s description of the shooter than Salter. The investigator’s file also contained a separate closeup photo of that man, suggesting he was a suspect. Salter claims that Detective Olsen failed to disclose any of this information, leading to an unfair trial and his wrongful conviction. In this civil rights lawsuit, Salter contends that Detective Olsen violated his constitutional rights in two ways: first, by withholding favorable evidence pointing to a different suspect, in violation of Brady v. Maryland, 373 U.S. 83 (1963); and second, by conducting an unnecessarily suggestive identification process that led to the eyewitness’s false identification of Salter. Detective Olsen moved for summary judgment on both these claims, arguing that he was entitled to qualified immunity. The district court denied the motion, and Detective Olsen appealed. Because we do not have interlocutory jurisdiction over several aspects of this appeal, we dismiss in part. For the parts we review on the merits, we affirm.

Posted by: Azya Thornton on Mar 21, 2025

Petitioner, Demarcus Keyon Cole, acting pro se, appeals from the summary dismissal of his petition seeking a writ of error coram nobis, claiming that Judge Donald H. Allen erred by summarily dismissing the petition while Petitioner’s motion to recuse Judge Joseph T. Howell was pending. We conclude that Petitioner is not entitled to relief and affirm the summary dismissal of the petition. However, we remand for Judge Howell to enter a written order granting the recusal motion.

Posted by: Azya Thornton on Mar 21, 2025

The Defendant, Jerry Buckner, was convicted by a Davidson County Criminal Court jury of second degree murder, a Class A felony, and unlawful possession of a firearm by a convicted felon, a Class B felony. See T.C.A. §§ 39-13-210 (2018) (second degree murder), 39-17-1307(b)(1)(A) (2018) (subsequently amended) (unlawful firearm possession). The trial court sentenced the Defendant to serve concurrent sentences of forty years for second degree murder and twenty years for the firearm possession. On appeal, he contends that the evidence is insufficient to support his convictions and that the trial court erred in declining to instruct the jury on the defense of self-defense. We affirm the judgments of the trial court and remand for correction of a clerical error on the judgment for the firearm conviction.

Posted by: Azya Thornton on Mar 21, 2025

The Defendant, Jennifer Ruth Barber, appeals from the Montgomery County Circuit Court’s probation revocation of her eight-year sentence for possession of methamphetamine. On appeal, she contends that the trial court abused its discretion in ordering her to serve her sentence. We affirm the court’s judgment.

Posted by: Azya Thornton on Mar 21, 2025

Appellant appeals from the trial court’s denial of a motion to vacate a default judgment. Discerning no error, we affirm and remand.

Posted by: Azya Thornton on Mar 21, 2025

Tennessee Attorney General Jonathan Skrmetti today filed an amicus brief in the U.S. Supreme Court supporting President Donald Trump’s application to stay preliminary injunctions issued by multiple district courts in cases addressing birthright citizenship. According to a press release, the brief emphasizes that courts should interpret the Citizenship Clause of the 14th Amendment in line with its original public meaning and should limit their judicial power to specific cases and controversies, consistent with the separation of powers. “Courts are empowered by the Constitution to resolve cases and controversies, not to issue sweeping policy proclamations or manage the executive branch,” Skrmetti said. After Trump signed the executive order, “Protecting the Meaning and Value of American Citizenship,” three federal judges have issued nationwide preliminary injunctions, freezing the order and ruling it violated the Citizenship Clause. The Trump administration had asked the U.S. Supreme Court to weigh in last week. 

Posted by: Jamie Rhode on Mar 21, 2025

With immigration law in a constant state of flux at the moment, the Immigration Law Section has a jam-packed schedule of CLEs coming up to help keep you on top of things. Don't forget that all section members receive a discount on section-sponsored programming!

The annual Immigration Law Forum 2025 will take place in-person in Nashville on April 18 with a full slate of speakers from every type of government and nonprofit work. This seminar is specifically designed both for experienced immigration lawyers and those who are newer to the practice area. The first half of the seminar is focused on updates, while the second half will focus on activism and support. Be sure to make plans to join this informative program and network with your colleagues!

The section also has two webcasts scheduled in advance of the forum. The first, "Protecting Immigrant Rights: Essential Legal Protections and Advocacy Strategies for Attorneys," will be held on March 31 at noon CDT with section executive council member Edith Johnson. This session will focus on what attorneys need to know in this period of enhanced immigration enforcement, how they should counsel their clients and how to look out for the notario fraud that is prevalent in immigrant communities. The second webcast, "Health Care Immigration Compliance in the Era of Trump 2.0," is produced in conjunction with TBA's Health Law Section and is scheduled for April 9 at noon CDT. Speakers Todd Photopulos and Elizabeth Warren will discuss how health care providers should respond if ICE raids their facility, exploring the shifting policy landscape that meets at the intersection of immigration compliance and health law. You won't want to miss these timely seminars!


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