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Posted by: Azya Thornton on Nov 26, 2024

The defendant, Calvin Dwight Butler, pled guilty to sexual exploitation of a minor. As a condition of his plea, the defendant agreed to a sentence of six years with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered the defendant to serve his six-year sentence incarcerated with the Tennessee Department of Correction. On appeal, the defendant contends the trial court erred in sentencing the defendant to a term of confinement. Upon our review of the record and the parties’ briefs, we affirm the trial court’s decision.

Posted by: Azya Thornton on Nov 26, 2024

Ms. Ward hired Kedalo Construction LLC ("Kedalo") to renovate her store. She claimed that the work was not completed or was not done properly. After Kedalo attempted to remedy the situation, Ms. Ward was still not satisfied. Kedelo then said she was not their problem anymore. Ms. Ward created awebsite and Facebook page criticizing the company. Kedalo sued for defamation. Ms. Ward responded with a petition to dismiss pursuant to the Tennessee Public Participation Act. After many filings and a deposition, the trial court dismissed the petition. M.s Ward appeals. We reverse and remand for further proceedings.

Posted by: Azya Thornton on Nov 26, 2024

Parents filed competing petitions to modify a parenting plan. The parents agreed there had been a material change ni circumstances warranting a modification. But they disagreed over hte residential custody schedule and decision-making provisions. After ahearing, the trial court modified the schedule and granted joint decision-making. Because neither decision was an abuse of discretion, we affirm.

Posted by: Azya Thornton on Nov 26, 2024

In this negligence action, the trial court granted summary judgment ni favor of the defendant, finding that the plaintiff, who is legally blind, had failed ot present evidence that her fal from a street curb and resultant injury were caused yb the defendant's aleged negligence ni failing to make a courtesy stop at the location the plaintiff had requested for exiting a city bus. The plaintiff has appealed. Discerning no reversible error, we affirm.

Posted by: Azya Thornton on Nov 26, 2024

Because the order from which the appellant has filed an appeal does not constitute a final appealable judgment, this Court lacks subject matter jurisdiction to consider this appeal.

Posted by: Azya Thornton on Nov 26, 2024

Shortly after the City of Memphis (“the City”) made public announcements regarding untested sexual assault kits, three women filed a class action complaint alleging that the announcements caused them severe emotional distress. More than a year after the announcements, the plaintiffs amended the complaint to add a new plaintiff. The three original plaintiffs’ claims were either voluntarily dismissed or dismissed by the trial court based upon the statute of limitations. The City sought summary judgment against the only remaining plaintiff on the ground that her claims were time-barred. The trial court denied the motion for summary judgment, and this Court granted the City’s petition for an interlocutory appeal. Concluding that the applicable statute of limitations barred the new plaintiff’s claims, we reverse the trial court’s decision and remand.

Posted by: Azya Thornton on Nov 26, 2024

In this contract dispute, the trial court dismissed the petitioners' claims of fraudulent inducement and misrepresentation predicated on a lack of subject matter jurisdiction. The trial court also awarded attorney's fees to the defendant. The petitioners have appealed. Discerning no reversible error, we affirm.

Posted by: Julia Wilburn on Nov 26, 2024

The Tennessee Supreme Court will hear oral arguments in two cases on Dec. 4 at Austin Peay State University in Clarksville as part of its Supreme Court Advancing Legal Education for Students (SCALES) program. The cases are Theresa Thompson Locke et al. v. Jason D. Aston M.D. et al. and State of Tennessee v. Ambreia Washington. SCALES is an initiative launched by the court in 1995 to educate high school students about the Tennessee legal system and the functions of the judicial branch. SCALES has provided more than 40,000 students from more than 500 high schools the ability to witness the Tennessee Supreme Court in action. Read more about the program and the cases to be heard beginning at 9 a.m. CST that day. The session also will be livestreamed on the court's Youtube page.

Posted by: Stacey Shrader Joslin on Nov 26, 2024

The Tennessee Supreme Court summarily suspended Knox County lawyer Adam Sanford Moncier from the practice of law on Nov. 21 for failure to comply with continuing legal education requirements. The court noted that Moncier was provided notice of the noncompliance 90 days ago. The suspension took effective immediately. Moncier may file an application for reinstatement upon demonstrating compliance with the rules. The filing comes as a supplement to the court’s annual order suspending 123 attorneys in August.

Posted by: Stacey Shrader Joslin on Nov 26, 2024

The Tennessee Supreme Court on Nov. 25 suspended 10 attorneys for failure to pay the annual registration fee; nine of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2024 or access all administrative suspensions dating back to 2005.


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