A Rutherford County jury found Defendant, Antonio M. Starnes, guilty of first degree premeditated murder and possession of a firearm by a convicted violent felon. The trial court imposed an effective sentence of life plus seventeen years and six months. On appeal, Defendant contends: (1) the evidence was insufficient to support the convictions; (2) the trial court erred in issuing a flight instruction; and (3) the trial court failed to properly poll the jury. We remand for entry of judgments reflecting the trial court’s dismissal of Counts 2, 4, 5, and 6. We otherwise affirm the judgments of the trial court.

The Defendant, Steven Alexander Greene, pleaded guilty to second degree murder, a Class A felony, especially aggravated robbery, a Class A felony, especially aggravated burglary, a Class B felony, and tampering with evidence, a Class C felony. See T.C.A. §§ 39-13- 210 (2018) (second degree murder), 39-13-403 (2018) (especially aggravated robbery), 39- 14-404 (2018) (subsequently amended) (especially aggravated burglary), 39-16-503 (2018) (tampering with evidence). Pursuant to the plea agreement, the trial court was to determine the length of the sentences, and the court imposed an effective sentence of twenty-five years. On appeal, the Defendant contends that the trial court erred by applying the mitigating factors before applying the enhancement factors when imposing the Defendant’s sentence. We affirm the judgments of the trial court.

The petitioner, John Monzell Banks, appeals the denial of his petition for post-conviction relief, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. Following our review, we affirm the denial of the petition.

Appellant/Father appeals the termination of his parental rights to the minor child on the grounds of: (1) abandonment by failure to visit; (2) abandonment by failure to support; (3) substantial noncompliance with the permanency plan; (4) persistence of the conditions that led to the child’s removal; and (6) failure to manifest an ability and willingness to assume custody. The trial court also determined that termination of Father’s parental rights is in the child’s best interest. Because the Department of Children’s Services withdrew noncompliance with the permanency plan as a ground for termination, we reverse termination of Father’s parental rights on this ground. We affirm the trial court’s termination of Father’s parental rights on all remaining grounds and on its finding that termination of his rights is in the child’s best interest.

The third installment in TBA's Indigent Representation Primer is now available. This week's post reviews the most common models indigent representation systems tend to follow, including the use of public defenders, appointed or contracted counsel, or a hybrid approach. Some jurisdictions also create specialized programs to address the unique needs of certain types of indigent defendants, such as those with mental health issues, individuals pursuing appeals or those facing the death penalty. Tennessee's system would be considered a hybrid, with two primary components: public defender offices in each judicial district and the indigent representation program administered by the Administrative Office of the Courts (AOC). Read more about these differing structures or see past primer posts here.

The Governor’s Council for Judicial Appointments received only three applications to fill a vacancy on the Court of Criminal Appeals, Eastern Section. As a result, the council will not hold a meeting as previously announced and will forward the applications directly to the governor. The applicants are Sevierville lawyer Bryce William McKenzie, Greenville lawyer Willie Santana and Knoxville lawyer Steven W. Sword. Feedback on any applicant can be submitted to the governor’s legal office at 615-734-8314 or emailed to Katelin.Brown@tn.gov. The deadline for submitting feedback is Jan. 3, 2025. More information about the applicants can be viewed on the Administrative Office of the Court's website.

Tennessee legislators are increasing pressure on the Tennessee Secondary School Athletic Association (TSSAA) to revise its restrictive transfer rule. According to the Tennessean, several state lawmakers have expressed interest in the issue and requested a meeting with TSSAA executive director Mark Reeves, who expects the meeting to occur before the new year. Reeves anticipates potential legislation addressing the transfer rule could be introduced in the upcoming legislative session. Some lawmakers argue that the TSSAA's current policy may be unlawful, and that the association is violating the law by enforcing the rule. TSSAA seeks to maintain autonomy in governing high school athletics and TSSAA member schools have said they don’t want to loosen the association’s current transfer rule, as it's viewed as a way to curtail recruiting among high schools, the newspaper reports.

The Justice Department (DOJ) on Wednesday asked a federal judge overseeing the antitrust case against Google to order the company to sell its popular Chrome browser, National Public Radio reports. In its filing, the agency also called for Google to stop making third-party payments to phone makers to secure its default search position, allow websites to opt out of having their data used to train Google’s artificial intelligence (AI) models, and either divest from its Android phone business or have the court oversee its Android division to prevent potential anticompetitive practices. DOJ officials argue that requiring Google to sell Chrome would separate its browser from its search engine, increasing competition in the online search market. A federal judge in the District of Columbia will now decide whether pushing Google to offload Chrome is the best way to foster more competition.

TBA’s 29th Annual Labor and Employment Law Forum will be held on May 2, 2025, at the Tennessee Bankers Association Bradley L. Barrett Training Center in Nashville. The event will feature a full day of sessions from 8:30 a.m.-3:30 p.m. CDT with registration open from 8-8:30 a.m. The forum will provide valuable insights and discussions on key issues in labor and employment law. More details will be available soon. Register and learn more about speakers here.

Local leaders gathered Thursday night to discuss two ordinances being considered by the Shelby County Board of Commissioners aimed at supporting justice-involved youth. According to the Daily Memphian, one ordinance would require the Shelby County Juvenile Court Clerk’s Office to provide families of justice-involved youth with information on how to expunge their records after their cases are completed. The other ordinance would mandate legal representation for youth during questioning by law enforcement and require that those interrogations be recorded. The commission is also requesting the office accept additional forms of identification, beyond licenses and state IDs, to streamline the process for children. According to the Memphis-Shelby County Crime Commission, youth charged with delinquent offenses in Memphis increased by 3.7% in the first quarter of 2024 compared to the same period in 2023.