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Posted by: Julia Wilburn on Nov 27, 2024

Katherine Malone died in an accident in Idaho. Her ex-husband, Patrick Malone, was named guardian of their child, Beatrice Rose Malone (“Rosie”). A trust (“the Tennessee Trust”) was established in Davidson County, Tennessee, for all funds due to Rosie. Katherine Malone’s parents, James William Rose and Jennie Adams Rose (“the Roses”) were the personal representatives of her estate and “Limited Trust Protectors,” of the Tennessee Trust. Mr. Malone, as Rosie’s guardian, filed a wrongful death lawsuit in Idaho and recovered a settlement. The settlement funds were placed in a trust Mr. Malone established in Missouri with Blue Ridge Bank and Trust. The Roses filed this action to transfer the funds to the Tennessee Trust and to find Mr. Malone in civil contempt. The Probate Court agreed with the Roses, finding Mr. Malone in civil contempt and ordering that the funds be transferred to the Tennessee Trust. Mr. Malone and Blue Ridge Bank and Trust appealed. We affirm.

Posted by: Julia Wilburn on Nov 27, 2024

Defendant, Roger Trino Spencer, Jr., was indicted by the McNairy County Grand Jury for one count of aggravated robbery accomplished with a deadly weapon and two counts of aggravated assault by displaying a deadly weapon. Defendant was convicted as charged by a jury and sentenced by the trial court as a Range II offender to an effective eighteen years’ confinement. The trial court also imposed an effective $15,000 fine and ordered Defendant to pay $971 in restitution. In this appeal as of right, Defendant contends that the State failed to provide sufficient proof of his identity as the perpetrator of the offenses; the State’s improper comments during opening statement and closing argument entitle him to plain error relief; the trial court erred by failing to consider a validated risk and needs assessment in imposing his sentence; and the trial court erred by failing to consider his ability to pay in imposing fines and ordering restitution. Having reviewed the briefs and arguments of the parties and the record on appeal, we affirm the judgments of the trial court.

Posted by: Stacey Shrader Joslin on Nov 26, 2024

Some 30 lawyers have had their credentials misused to fraudulently secure trademark protections, a growing problem facing the U.S. Patent and Trademark Office (PTO), Bloomberg Law reports. Scammers have faked application materials, misused attorney credentials or used social engineering to hijack applicants’ accounts to file fraudulent applications. According to the Government Accountability Office (GAO), more than a third of the 2.8 million trademark applications received by the PTO may be false or inaccurate. The GAO advised the PTO to more regularly assess fraud risk of the trademark register while improving its data systems for stronger risk management. The PTO is encouraging lawyers to help spread the word about these scams.

Posted by: Stacey Shrader Joslin on Nov 26, 2024

Aspiring lawyers consistently have given law schools high marks over the past two decades, with about 80% rating their experience as either “good” or “excellent.” This year’s Law School Survey of Student Engagement is no different, according to Reuters. The survey also revealed that satisfaction rates among students of color remained consistently lower than among white counterparts. The survey found that 84% of white students rated their overall law school experience as good or excellent, whereas just 67% of Black students and 77% of Latino students gave similar high ratings. The survey, conducted by Indiana University's Center for Postsecondary Research, marked its 20th edition this year with a look back at how student diversity, debt loads, career plans and satisfaction levels have changed — or not — over the years.

Posted by: Julia Wilburn on Nov 26, 2024

Cheatham Middle School in Ashland City must choose a new mascot after the University of Cincinnati (UC) sent a cease-and-desist letter concerning copyright and licensing infringements regarding the school's current mascot, the Bearcats. In a social media post, Cheatham Middle School submitted a proposal to UC agreeing to remove the logo and create a new one but was denied and informed that the school can no longer use or refer to themselves as the "Bearcats." UC owns a sports licensing copyright for the word. The Tennessean reports that, after gathering community input, the top four choices for a new mascot are Musketeers, Bobcats, Cubs or Coyotes.

Posted by: Azya Thornton on Nov 26, 2024

The Defendant, Joshua Anthony Williams, alias, pleaded guilty in the Knox County Criminal Court to statutory rape. Pursuant to a plea agreement, the Defendant was to receive a four-year sentence as a Range II offender to be served on probation following one year of confinement, and the trial court was to determine whether to grant judicial diversion and whether to require the Defendant to register as a sexual offender. Following a hearing, the trial court granted the Defendant’s request for judicial diversion, extending the diversionary period to six years, and placed the Defendant on the sexual offender registry during the diversionary period. On appeal, the Defendant contends that the trial court erred in placing him on the sexual offender registry. We conclude that the Defendant does not have an appeal as of right pursuant to Tennessee Rule of Appellate Procedure 3 and that the Defendant failed to satisfy the requirements for extraordinary relief pursuant to Tennessee Rule of Appellate Procedure 10. Accordingly, we dismiss the appeal.

Posted by: Azya Thornton on Nov 26, 2024

The Defendant, Timothy Dion Lewis, was convicted by a Knox County Criminal Court jury of second degree murder, for which he is serving a twenty-two-year sentence as a Range I offender. See T.C.A. § 39-13-210(a)(1) (2018). On appeal, he contends that: (1) the evidence is insufficient to support his conviction, (2) the trial court erred in various evidentiary rulings, (3) he is entitled to a new trial based upon the cumulative effect of multiple trial errors, and (4) his sentence is excessive. We affirm the judgment of the trial court.

Posted by: Azya Thornton on Nov 26, 2024

After three days of a Dickson County jury trial, the Defendant, Mendy Powell Neal, who was charged with the first degree premeditated and felony murder of her husband and the aggravated arson of their home, entered a North Carolina v. Alford, 400 U.S. 25, 37 (1970), best interest plea to voluntary manslaughter, a Class C felony, in exchange for the dismissal of the felony murder and aggravated arson counts of the presentment and an agreed range of three to four years, with the trial court to determine the length and manner of service of the sentence. At the conclusion of the sentencing hearing, the trial court denied the Defendant’s request for judicial diversion, determined that she was not a suitable candidate for probation or other alternative sentencing, and sentenced her as a Range I, standard offender to four years at 30% in the Tennessee Department of Correction. Following the denial of what the Defendant styled as a “Motion for New Trial,” which the trial court treated as a Rule 35 motion for a reduction in sentence, the Defendant filed an untimely appeal to this court in which she argues that the trial court erred in both the length and manner of service of the sentence. Based on our review, we conclude that the interest of justice does not warrant that the timely notice of appeal requirement be waived for the Defendant’s attempt to appeal the trial court’s original sentencing determinations. We further conclude that the trial court acted within its discretion by declining to reduce or modify the sentence pursuant to Rule 35 of the Tennessee Rules of Criminal Procedure. Accordingly, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Nov 26, 2024

The Petitioner, Ricky Hunt, pleaded guilty to two counts of second-degree murder and one count of attempted especially aggravated robbery in exchange for an effective thirty-year sentence. The Petitioner filed a petition for post-conviction relief, along with two amended petitions. After an evidentiary hearing, the post-conviction court denied the post-conviction petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition because: (1) trial counsel was ineffective for failing to explain the corroboration requirement regarding accomplice testimony and for failing to help him file a motion to withdraw his guilty plea; and (2) his guilty plea was not knowingly and voluntarily entered because trial counsel failed to advise him that his sentence was required to be served at 100%. After review, we affirm the post-conviction court’s judgment.

Posted by: Azya Thornton on Nov 26, 2024

Defendant, Desmond Lanier Hatchett, was convicted by a Knox County jury of evading arrest with risk of death or injury, driving while his license was revoked, reckless driving, violation of the financial responsibility law, and violation of the window tint law. The trial court imposed an effective sentence of six years’ incarceration. Defendant appeals, arguing that the trial court erred in imposing a six-year sentence for evading arrest with risk of death or injury. Upon review of the entire record, briefs and oral arguments of the parties, and the applicable law, we affirm the judgment of the trial court.


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