Administrative law attorneys across the state should mark their calendars for this annual forum presented by the TBA Administrative Law Section. Make plans now to join colleagues on Dec. 13 from 9:30 a.m. to 1:30 p.m. CST at the Nashville office of Burr & Forman to learn from, and network with, peers. This year's program includes a discussion about the end of the Chevron era as a result of the Loper decision, a panel on administrative appeals and a session covering the art of self care. Don't miss it!

Michelle Mitchell Benjamin, attorney and community advocate, died Nov. 11 at age 75. Benjamin earned her law degree at North Carolina Central University and her legal career began as a staff attorney with the Legal Services Corporation (LSC) in Tullahoma. Benjamin later established a private practice in Winchester. Benjamin was a board member of the Tennessee Trial Lawyers Association, a role she held for many years, and also served as a trustee for Lawyers Involved for Tennessee, on the Tennessee Board of Professional Responsibility for two terms, and on the Judicial Selection Commission for 15 years. Her funeral service will be held Nov. 23 starting at 10 a.m. CST at All Saints’ Chapel, 735 University Ave., Sewanee 37383 with interment following at University Cemetery.

Petitioner, Brian C. Lautenschlager, filed a pro se Petition for Writ of Error Coram Nobis (“the Petition”), seeking relief based on a “newly discovered” affidavit that was signed in 2007 and “sent” to him in 2023. The coram nobis court found that the Petition was not filed within the one-year statute of limitations and that Petitioner failed to establish that he was entitled to equitable tolling of the statute of limitations and summarily dismissed the Petition. We affirm the judgment of the coram nobis court.

The Defendant, Colby Mason Kilburn, was convicted in the Lawrence County Circuit Court of first degree premeditated murder and received a sentence of life in confinement. On appeal, the Defendant contends that the evidence is insufficient to support his conviction because the State failed to prove premeditation and intent. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court.

A Knox County jury convicted the Petitioner, Byron Hartshaw, of two counts of robbery, two counts of aggravated robbery, and two counts of aggravated burglary, and the trial court sentenced him to serve an effective term of fifteen years. After that, he filed a petition for post-conviction relief alleging that he was denied the effective assistance of counsel when trial counsel failed to prepare a defense, failed to clarify a pretrial ruling, and failed to object during cross-examination, opening statements, and closing arguments. He also argued that the cumulative effect of trial counsel’s deficiencies was sufficient to establish that he was denied the effective assistance of counsel. After a hearing, the post-conviction court denied the petition, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court.

Petitioner, Derek Cunningham, Jr., claims that the trial court erred by summarily denying his pro se Petition for Writ of Error Coram Nobis and his pro se Motion to Correct an Illegal Sentence, both for failing to state a colorable claim. Discerning no error, we affirm the judgment of the trial court.

The trial court dismissed the plaintiff’s complaint in its entirety based on failure to serve the named defendants. Although we affirm the dismissal of the named defendants for insufficiency of service of process and expiration of the statute of limitations, we vacate the dismissal of the plaintiff’s attempt to hold the uninsured motorist carrier liable under Tennessee Code Annotated section 56-7-1206.

Jonathan Douglas (“Mr. Douglas”) filed a Complaint to Enforce Deed Restrictions seeking to enjoin Five Star Properties, Inc. (“Five Star”) from building a CrossMod home in a subdivision in which the parties each own property. Mr. Douglas argued that the CrossMod is a “mobile home” and is thus prohibited by the parties’ respective deeds. Following a bench trial, the trial court entered judgment in favor of Mr. Douglas. Five Star appeals that judgment. We conclude that the CrossMod home at issue is not a “mobile home,” reverse the judgment of the trial court, and vacate the injunction entered by the trial court.

In this second interlocutory appeal, the employee again challenges the trial court’s decision not to conduct another expedited hearing at the employee’s request and, rather, set a scheduling hearing. We affirm the trial court’s order, find the employee’s appeal frivolous, and assess a penalty for the filing of a frivolous appeal. The case is remanded to the trial court.

November 11, 2024 - November 15, 2024.