Petitioner, Rico Eugene Mallard, appeals the summary dismissal of his petition seeking post-conviction relief from his 1999 especially aggravated robbery conviction, for which he was sentenced to twenty-two years’ incarceration to be served consecutively to his life sentence for first degree murder. The post-conviction court found that State v. Booker, 656 S.W.3d 49 (Tenn. 2022), did not establish a new constitutional right applicable to Petitioner’s case, and therefore, the statute of limitations was not tolled, and the petition was time-barred. Discerning no error, we affirm the judgment of the trial court.

The trial court terminated a mother’s parental rights to six children based on abandonment by failure to provide a suitable home and severe abuse. The trial court further concluded that terminating the mother’s parental rights was in the children’s best interests. Mother appeals. Discerning no error, we affirm the trial court’s ruling.

The Tennessee Supreme Court temporarily suspended Hamilton County lawyer Patrick Bryant Hawley yesterday after finding that he poses a threat of substantial harm to the public. Hawley is immediately precluded from accepting any new cases, and must cease representing existing clients by Dec. 26. Previous reporting indicated that Hawley had been charged with s several federal crimes, including sexual exploitation of children and possession and distribution of child pornography.

The Tennessee Supreme Court has agreed to hear a case looking at whether judges improperly sealed files critical of Davidson County Criminal Court Judge Cheryl Blackburn’s performance on the bench. The Nashville Banner, which is bringing the suit, says that defense attorneys and prosecutors have long been concerned about Blackburn’s performance following a stroke she had in 2021. According to the Banner, Blackburn stumbled over her words, misspoke and appeared to fall asleep multiple times during a recent case. When the news outlet attempted to unseal a motion allegedly making specific claims about Blackburn’s competency, the motion was denied. The Tennessee Court of Appeals later narrowly upheld that ruling. The high court now will consider the request. The Reporters Committee for Freedom of the Press, the Tennessee Association of Broadcasters, the Tennessee Coalition for Open Government and the Tennessee Press Association have filed a brief supporting the Banner’s motion to unseal the documents.

Wayne County General Sessions & Juvenile Court Judge James Y. Ross received the Sharon G. Lee Award of Excellence at the 2024 Annual Tennessee Municipal Court Judges Conference. Ross was elected as Wayne County general sessions and Clifton city judge in 1998. He also has served as Collinwood city judge since 2000. Prior to joining the bench, Ross served as Wayne County Attorney for 10 years and as a solo practitioner. The award, named for former Supreme Court Justice Sharon Lee, recognizes a judge who has made a significant contribution to the Municipal Judges Conference. The Administrative Office of the Courts has more on Ross’ career.

The Administrative Office of the Courts regularly highlights judges who have a compelling life story or career path. A recent profile of 21st District Circuit Court Judge David Veile looks at the long but persistent journey Veile took to pursue his dream of becoming a Tennessee judge. Veile was elected in August to fill the seat of retired Judge Michael Binkley after applying several times for appointments to the bench. “I think I may hold the title of most nominated. I’m four out of four for nominations and the least appointed with zero out of four,” he says. Veile’s prior experience as a Metro Nashville Police Officer and criminal defense lawyer gives him perspective on both sides of cases. With two months on the job, Veile says he feels a different level of responsibility and is embracing the preparation needed for cases, calling it his “absolute dream job.”

The TBA Criminal Justice Section will host its annual forum on Dec. 5 with a focus on exploring how lawyers can ethically and effectively manage media relations in high-profile cases. Based on personal experience and real-world scenarios, News Channel 5 reporter Nick Beres — along with former reporter turned lawyer Amy Mohan, criminal defense expert David Raybin and communications expert Eric Kowalczyk — will detail the balance between protecting a client's legal interests and shaping the public narrative. The session will address avoiding common pitfalls, complying with ethical obligations and utilizing communication strategies to safeguard both legal outcomes and clients' reputations. Learn more and register here. Criminal Justice Section members enjoy a discounted rate. Not a section member yet? Join here.

BOGGS, Circuit Judge. In 2005, an Ohio court sentenced Delano Hale to death for the murder of Douglas Green. The Ohio Supreme Court and Ohio Court of Appeals both affirmed his conviction. Hale now petitions this court for a writ of habeas corpus, relying on two different grounds for relief. For the following reasons, we deny Hale’s petition and affirm the judgment of the district court below.

A decedent’s stepchildren filed a complaint contesting ownership of a portion of his twenty-acre property. They asserted theories of adverse possession, express oral trust, and breach of contract. The trial court dismissed the complaint. Because we conclude that the allegations of an express oral trust and breach of contract are sufficient to overcome a motion to dismiss, we reverse in part.

A Williamson County jury convicted the Defendant, Thor Lucas Coleman, of attempted first degree murder, aggravated assault by strangulation, aggravated assault by violating a restraining order, possessing a firearm during the commission of a dangerous felony, and unlawful possession of a weapon. The trial court sentenced him to a forty-five-year effective sentence. On appeal, the Defendant contends that: (1) the trial court improperly admitted evidence of his prior acts of domestic violence against the victim; and (2) the evidence is insufficient to sustain his conviction for attempted first degree murder. After review, we affirm the trial court’s judgments.