A Knox County jury convicted the Defendant, Bryan Anthony Capps, of two counts of sexual battery, two counts of sexual battery by an authority figure, and one count of violating the Sexual Offender Registry. The trial court sentenced the Defendant to an effective eight-year sentence to be served in the Tennessee Department of Correction. In his appeal, the Defendant argues that (1) the evidence was insufficient to show that the Defendant qualified as an authority figure or that he conducted an overnight visit at a residence with minors present; (2) the trial court’s oath as administered to the minor witnesses, which included a “pinky promise,” amounted to an improper comment on their credibility; (3) the trial court erred by allowing the prosecution to question a defense witness about felony convictions more than ten years old; and (4) the trial court erred by denying split confinement and by imposing consecutive sentences. Upon our review, we respectfully affirm the judgments of the trial court.

This appeal arises from an action to recover excess proceeds from the tax sale of a parcel of real property. After the redemption period had ended, the appellants, heirs to the decedent whose property was sold at the tax sale, moved to claim the excess proceeds pursuant to Tennessee Code Annotated § 67-5-2702. The appellee, a company that had held a valid judgment lien against the real property at the time of the tax sale, also moved to claim the excess proceeds, arguing that its lien held priority over the heirs’ claim pursuant to § 67-5-2702(c)(2). The heirs objected, asserting that because the company had allowed its judgment lien to lapse after the tax sale, the company no longer maintained priority to claim the excess proceeds from that sale. The trial court granted the company’s motion, determining that because its judgment lien had been valid and enforceable at the time of the tax sale, the company maintained priority over the heirs to receive the excess proceeds pursuant to § 67-5-2702(c)(2). Discerning no reversible error, we affirm.

This is an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B § 2.02 from the trial court’s denial of a motion for recusal. We have determined that the petition must be summarily dismissed because the petition for recusal appeal was untimely and the time for filing a petition for recusal appeal is jurisdictional and cannot be extended by this court. See Tenn. Sup. Ct. R. 10B, § 2.08. We also find that the petition would have to be dismissed due to numerous and substantive failures to comply with Rule 10B § 2.02, including the failure to file a copy of the affidavit in support of the motion for recusal as well as the trial court’s order denying recusal. Accordingly, the appeal is dismissed.

The TBA will host a webcast replay of "Ethics Update: Current Developments from the Board of Professional Responsibility (BPR)" on Dec. 31 at 10 a.m. CST. Earn an hour of dual credit with Eric Fuller, disciplinary counsel in the BPR's litigation department, as he reviews the latest ethics updates. Register here and wrap up your CLE requirements for 2024!

Crime rates in Memphis are trending down from last year, according to data from the Memphis Police Department. The Daily Memphian reports that year-to-date, overall violent crime incidents are down around 8% compared to the same point last year, and at the same time, arrests are up, likely due to a new department task force. Murders are down 31%, guns stolen from cars have decreased 24%, juvenile arrests for gun charges are down 7.3% and car thefts and car break-ins are down 38% and 19%, respectively. The number of interstate shootings also has decreased.

The Biden administration has released a rule “overhauling” the H-1B work visa program with the aim of streamlining the application process and limiting abuse of the program. An article from The Hill highlights the changes, which include clarifying who can apply for an H-1B work visa, expanding the definition of specialty occupation positions, and spelling out the requirements for nonprofit and governmental research organizations to sponsor visas. Of note, the changes impose H-1B eligibility requirements on third-party beneficiaries rather than applicant organizations; codify numerical cap exemptions for research jobs to allow nonprofits and academia to sponsor visas year-round; allow foreign nationals transitioning from a student visa to an H-1B to avoid gaps in employment; and expand the government’s authority to conduct site visits to ensure proper implementation of the visa.

Save the date to join colleagues on May 9, 2025, for the 2nd Annual TBA Young Lawyers Division Trial College. The program will be held at Belmont University College of Law and will cover a range of litigation topics, including putting together a trial notebook, planning for and presenting opening and closing statements, conducting direct and cross examination and working with expert witnesses. A panel of distinguished judges will wrap up the day with judicial insights for trial success. Registration will start at 8 a.m. CDT followed by programming from 8:30 a.m. to 4:45 p.m. at the Randall and Sadie Baskin Center, 1901 15th Ave. S, Nashville 37212. Click here for more information and to register.

Several new state laws are set to take effect Jan. 1, 2025, reports the Tennessean. The Protecting Children from Social Media Act requires social media companies to verify users' ages before they can create an account. If the user is a minor, the company must confirm "express parental consent" before the minor is allowed to create an account. The Protect Tennessee Minors Act limits minors from accessing pornography online. Companies may either require users to match an uploaded photo with a state ID or use "a commercially reasonable method relying on public or private transactional data to verify" that users are over 18 years. Both the social media and pornography age verification laws are facing free speech lawsuits in federal courts. Also on Jan. 1, residents of China, Iran, North Korea and other countries subject to the International Traffic in Arms Regulations will be prohibited from owning agricultural land in the state. It was challenged in court on Oct. 31 by investors in the Walton Tennessee company. Other laws taking effect in the new year are HB1814, which requires landlords to provide contact information for the "agent" authorized to manage the property; a new law requiring alcohol servers to be trained on preventing date-rape drugging and the role of alcohol and drugs in sexual assault; and SB1919, requiring medical providers with TennCare to begin prescribing birth control as a 12-month refill, allowing patients to get a year's worth of contraceptives without returning for multiple doctor visits.

The Tennessee Supreme Court has rejected proposed disciplinary action against Sullivan County lawyer Samuel Ervin White and referred the matter back to the Board of Professional Responsibility. In its order, the court said the following: “Based on our review of the entire record in this matter, [we have] concerns that the recommended sanction, particularly the period of active suspension, is too lenient given the number of complaints, the serious nature of the alleged misconduct, including abandonment of vulnerable clients, and dishonesty in communications with clients, other lawyers and disciplinary counsel.” White had agreed to a conditional guilty plea to resolve complaints filed against him on Oct. 29.

Lincoln Memorial University Duncan School of Law (LMU Law) has announced the hiring of Lucille C. McGee as director of experiential learning and assistant professor of law. McGee is a graduate of Harvard University’s Derek Bok Center for Teaching and Learning, where she earned a higher education teaching certificate in 2020. She received her law degree from the Appalachian School of Law and a degree in English from the University of Georgia. In her new role, McGee will oversee LMU Law’s experiential learning programs, including clinics, externships and simulation courses. She also will teach practice-oriented courses such as externships and pleadings and practice. Read more in a press release from the law school.