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Posted by: Azya Thornton on Dec 20, 2024

Gov. Bill Lee granted executive clemency in the form of a pardon to 43 individuals convicted of crimes, who have served their sentences and been out of prison for at least five years, according to a new annual list, the Daily Memphian reports. Lee said the list, which was compiled with recommendations from the Tennessee Board of Parole, includes individuals who have demonstrated "exemplary citizenship" since their release. “It’s a powerful tool, and I do not take it lightly,” Lee told reporters ahead of the list’s release. “They show a rehabilitative effort that is unique.”

Posted by: Azya Thornton on Dec 20, 2024

KETHLEDGE, Circuit Judge. Broadgate, Inc. appeals an order in which the Department of Labor found that Broadgate had willfully violated the Immigration and Nationality Act. We reject its arguments and affirm.

Posted by: Azya Thornton on Dec 20, 2024

SUTTON, Chief Judge. In Michigan, as in seventeen other States, citizens may use ballot initiatives to amend the State’s Constitution. Two Michigan state senators and nine state representatives argue that, if citizens use the initiative to regulate federal elections, that process violates the Elections Clause of the U.S. Constitution. Because they lack standing to bring the lawsuit, we affirm the district court’s dismissal under Civil Rule 12(b)(1). We affirm.

Posted by: Azya Thornton on Dec 20, 2024

Defendant was convicted of attempted first degree murder and sentenced to forty years in incarceration after stabbing his neighbor, the victim, several times. Defendant represented himself at trial and now represents himself on appeal. He raises a variety of issues including: (1) whether the evidence was sufficient; (2) whether the trial court erred in admitting the preliminary hearing testimony of the victim; (3) whether the trial court erred in denying the motion to suppress; (4) whether the trial court should have granted a continuance; (5) whether the trial court erred in excluding a statement; (6) whether the trial court improperly allowed a witness to use a “script”; (7) whether the State violated Brady, Napue, or Giglio; (8) whether the State improperly used Defendant’s prior convictions for impeachment; (9) whether Defendant was denied access to court; (10) whether the trial court properly limited Defendant’s use of an intake video; (11) whether the trial court properly instructed the jury; (12) whether the State committed prosecutorial misconduct; (13) whether Defendant was denied compulsory process; (14) whether the trial court should have recused itself; (15) whether the appellate record was transmitted in error; (16) whether the sentence is excessive; and (17) whether cumulative error requires reversal of the conviction. Finding no error, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Dec 20, 2024

A husband filed for divorce from his wife in 2022. Just before they were set to go to trial in July of 2023, the parties settled their divorce and announced their agreement to the trial court. Before the written consent judgment could be entered, however, the wife filed a notice revoking her consent to the agreement. The trial court entered the judgment regardless, and the wife later filed a motion to set that judgment aside. The trial court denied the wife’s motion, and she appealed to this Court. Discerning no error, we affirm.

Posted by: Azya Thornton on Dec 20, 2024

A father and mother appeal from an order terminating their parental rights to their two minor children. The trial court held that the evidence presented supported termination of each parent’s rights based on the statutory grounds of abandonment by failure to provide a suitable home, persistence of conditions which led to removal, severe child abuse, and failure to manifest an ability and willingness to assume custody or financial responsibility. The court also found that termination was in the children’s best interests. Discerning no reversible error, we affirm.

Posted by: Azya Thornton on Dec 20, 2024

This appeal arises from a judgment upholding a decision by the Administrative Procedures Division of the Tennessee Department of Children’s Services denying the appellant an award of reasonable expenses after a contested case hearing pursuant to Tennessee Code Annotated section 4-5-301, et. seq. Upon the appellant seeking judicial review, the trial court affirmed the decision by the Department. We affirm.

Posted by: Azya Thornton on Dec 20, 2024

Pharma Conference Education, Inc., entered into an agreement with the University of Tennessee Health Science Center to produce as many pharmaceutical continuing education programs “as is feasible.” The Health Science Center terminated the agreement before any programs were held. When Pharma sued to enforce the agreement, the State argued that the agreement lacked consideration and therefore was not a valid contract. The question in this appeal is whether a promise to produce as many programs “as is feasible” constitutes consideration or instead is an illusory promise. We hold that this promise constitutes adequate consideration. We reverse the Court of Appeals’ contrary decision and remand to the Claims Commission for further proceedings.

Posted by: Azya Thornton on Dec 20, 2024

TBA’s Ultimate Ethics Package offers a quick and convenient way to earn eight dual hours of CLE before the Dec. 31 deadline. This package includes a mix of popular sessions on Ethics Updates, Law Practice Management and Attorney Wellness, allowing attorneys to fulfill all of their ethics requirements — and more. Ideal for those needing last-minute CLE, the package provides quality content in a flexible format. For more information about this special offer, visit TBA’s website.

Posted by: Azya Thornton on Dec 20, 2024

The TBA Young Lawyers Division (TBA YLD) will continue its Rookie Series with "Combating Burnout Through Mentorship: Supporting the Next Generation of Attorneys" on Feb. 13 from noon to 1 p.m. CST. The webcast will feature a panel of experienced young lawyers and a judge discussing the crucial role mentorship plays in preventing burnout among young attorneys. Panelists will share personal experiences on how mentorship has supported their careers and well-being, as well as how they are now giving back by mentoring the next generation of lawyers. The session is free for all TBA members. CLE dual credit is available for a nominal fee. For more information and to register visit TBA’s website.


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