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Posted by: Stacey Shrader Joslin on Mar 14, 2025

The Tennessee Supreme Court has directed Dale Gerard Nowicki to respond within 30 days why discipline imposed in the state of California should not also be imposed in Tennessee. On Jan. 6, the California Supreme Court imposed two years of probation on Nowicki. The Tennessee court noted in its order that if Nowicki does not respond by the deadline, it will impose discipline "with identical terms and conditions" than what was imposed in California.

Posted by: Azya Thornton on Mar 14, 2025

THAPAR, Circuit Judge. In 1979, Karu Gene White used a crowbar to beat a blind seventy-five-year-old and two other seniors to death while robbing them. In the forty-five years since, White has offered various reasons why he shouldn’t be executed. Here, he argues that Kentucky shouldn’t have sentenced him to death because his trial counsel failed to investigate and present mitigating evidence. Neither argument holds up. Thus, we affirm the district court’s denial of his habeas petition.

Posted by: Azya Thornton on Mar 14, 2025

The Defendant, Jarrod Dewayne Moore, appeals the Henderson County Circuit Court’s imposition of an effective ten-year sentence in confinement for his drug and firearm-related convictions, arguing that the trial court erred in denying his request for probation. Based on our review, we affirm the sentencing determinations of the trial court.

Posted by: Azya Thornton on Mar 14, 2025

The Petitioner, Alonzo Hoskins, appeals from the denial of his petition for post-conviction relief challenging his 2019 convictions for felony murder and especially aggravated robbery. The Petitioner argues that he received ineffective assistance of counsel due ot trial counsel's failure to request a post-trial inquiry into a juror who had expressed difficulty hearing portions of the trial. The State counters that the post-conviction court correctly denied relief. Based on our review of the record, we affirm the judgment of the post-conviction court.

Posted by: Azya Thornton on Mar 14, 2025

This is an accelerated interlocutory appeal as of right filed pursuant to Tennessee Supreme Court Rule 10B. Due to numerous deficiencies in the petition, the appeal is hereby dismissed.

Posted by: Azya Thornton on Mar 14, 2025

This appeal arises out of a petition filed by Roger and Regina Judd (collectively, “Appellants”) seeking grandparent visitation with three minor children, Appellants’ grandchildren. Kaylee and Spencer Powell (collectively, “Appellees”) filed their answer to the petition, claiming that Appellants lacked standing to bring their request. The Putnam County Juvenile Court (“juvenile court”) dismissed Appellants’ petition for failure to state a claim based on lack of standing. Discerning no error, we affirm.

Posted by: Azya Thornton on Mar 14, 2025

The employee filed a notice of appeal in Spanish purportedly seeking to appeal the trial court’s denial of her motion to continue a summary judgment hearing. Despite having been instructed that the notice of appeal must be in English and having been provided resources to assist with obtaining the translation, the employee failed to file anything further. Accordingly, we are unable to discern any issues or argument on appeal, and the appeal is therefore dismissed. The case is remanded to the trial court.

Posted by: Azya Thornton on Mar 14, 2025

TBA’s Legislative Updates podcast features TBA attorneys and lobbyists Berkley Schwarz of Pier Strategies LLC, and Brad Lampley and Ashley Harbin of Adams and Reese. In the most recent episode, they discuss several key legislative topics, including SB1052/HB1355, which amends TCA §36-1-102(45)(B) to specify that a biological father who only pays token support will not qualify as a putative father; SB540/HB492, related to custody determinations and child support; SB541/HB906, legislation from the TBA probate study group and its amendment; SB394/HB569, which deals with selecting a settlement agent in real property transactions; SB943/HB1255, which focuses on continuing education for judges involved in child custody cases; and TBA's Day on the Hill. Tune in to the podcast on the TBA website or through this link. And don’t forget to register for TBA's Day on the Hill and the Big Shrimp Reception next week.

Posted by: Azya Thornton on Mar 14, 2025

A bill that could set deadlines on homeless encampment clearings and the disposal of people’s personal belongings passed the Senate on Thursday. According to the Nashville Banner, the proposal from Sen. Brent Taylor, R-Memphis, is designed to allow the state Department of Transportation (DOT) to enter into individual memoranda of understanding with local authorities to clear encampments in public areas under DOT’s purview. Taylor says the bill was spurred by his months-long struggle to get an encampment cleared in Memphis. Advocates argue the bill may violate personal property rights. While an earlier version included a $64 million fiscal note to store personal effects, the amended bill removes that provision. The bill is now headed to the House Transportation Subcommittee. Rep. Tom Leatherwood, R-Arlington, is sponsoring the House version.

Posted by: Azya Thornton on Mar 14, 2025

The woman accused of killing prominent Memphis pastor Ricky Floyd during an argument pleaded not guilty in her first court appearance Thursday, The Commercial Appeal reports. Samantha Marion is charged with voluntary manslaughter and is being held on a $100,000 bail. A hearing to review her bail was held today. Floyd was the senior lead pastor at Pursuit of God Church in Frayser. If convicted of voluntary manslaughter, Marion faces a prison sentence of eight to 30 years.


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