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Posted by: Stacey Shrader Joslin on Nov 14, 2024

A former Nashville police officer’s home was searched in September as part of the probe to determine who leaked documents related to the Covenant School shooting, WSMV reports. The newly released information shows that Tennessee Bureau of Investigation agents searched the Portland home of Garet Davidson. A document filed by another officer says Davidson, who resigned from the department last December, controlled access to the safe where police stored the Covenant School investigation files. Davidson also has been a whistleblower in the department’s internal affairs office.

Posted by: Stacey Shrader Joslin on Nov 14, 2024

The parents of Jillian Ludwig, a Belmont University freshman who was shot and killed by a man determined to be mentally incompetent, are suing the Metro Nashville government, the state and multiple other entities and individuals over their daughter’s wrongful death. The suit argues that authorities erred when determining the shooter was not competent to stand trial but not so incompetent to qualify for involuntary commitment. They are seeking more than $50 million as relief. The Tennessean has more on the suit. Earlier this year, the state legislature approved “Jillian’s Law,” which requires involuntarily commitment of certain criminal defendants who are ruled incompetent to stand trial due to intellectual disability or mental illness.

Posted by: Azya Thornton on Nov 14, 2024

SUTTON, Chief Judge. Joseph Scott Gray honored his country as a soldier but not as a civilian. For more than a decade, he served in the military, earning a range of medals for his service in the Gulf War. But after leaving the service, he lied about his health to the Department of Veterans Affairs to obtain benefits to which he was not entitled. A jury convicted Gray of several fraud-related offenses. And the district court sentenced him to five years in prison and imposed $264,631 in restitution. For these reasons, we affirm in part, vacate in part, and remand for recalculation of the amount due in restitution.

Posted by: Azya Thornton on Nov 14, 2024

Defendant, Alexis Faxon, was convicted by a Sullivan County jury of reckless driving and speeding which resulted in a fatal two-car accident. The trial court sentenced Defendant to consecutive sentences of thirty days’ incarceration for speeding and six months suspended to probation for reckless driving. Defendant appeals, arguing that the evidence is insufficient to support her conviction for reckless driving, that the trial court erred by denying a mistrial based on alleged discovery violations, and that the trial court erred by admitting photographs and victim impact statements at the sentencing hearing and by ordering thirty days’ incarceration. Upon our review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Posted by: Stacey Shrader Joslin on Nov 14, 2024

Tennessee Republican senators today nominated Randy McNally of Oak Ridge to a fifth two-year term as speaker and lieutenant governor, Tennessee Journal reports. McNally was unopposed in a caucus election after serving for eight years in the role. Other Republican leaders nominated today included Majority Leader Jack Johnson of Franklin and Caucus Chair Ken Yager of Kingston.

Posted by: Azya Thornton on Nov 14, 2024

Plaintiff Terry Case did not make his mortgage payments for several years. The real property which secured his loan was subsequently sold at a foreclosure sale following the postponement of a prior sale date. Mr. Case brought a claim for “wrongful foreclosure,” among others, alleging Defendants Wilmington Trust, N.A. and Wilson & Associates, PLLC violated the notice requirements in the applicable deed of trust by failing to provide him with written notice of the postponement. The trial court granted summary judgment to Defendants, and Mr. Case solely appealed the dismissal of his claim for “wrongful foreclosure.” The Court of Appeals reversed, finding that Defendants failed to satisfy their notice obligations under the deed of trust and that summary judgment on the claim for “wrongful foreclosure” was therefore inappropriate. Defendant Wilmington Trust applied for permission to appeal to this Court, and we granted review to determine (1) whether Tennessee recognizes a common law cause of action for “wrongful foreclosure,” and (2) whether the Fannie Mae/Freddie Mac Uniform Deed of Trust requires written notice of postponement in addition to oral announcement pursuant to section 35-5-101(f) of the Tennessee Code. We further instructed the parties to address whether Mr. Case satisfied the requirements for constitutional standing. We hold that Mr. Case has constitutional standing to bring his claim. However, we also hold that there is no common law cause of action for “wrongful foreclosure” in Tennessee. As a result, we reverse the judgment of the Court of Appeals and remand to the trial court for entry of an order consistent with this opinion.

Posted by: Stacey Shrader Joslin on Nov 14, 2024

A lawsuit seeking the ouster of Shelby County Clerk Wanda Halbert will go back to court next week, the Daily Memphian reports. Circuit Court Judge Felicia Corbin-Johnson has set Nov. 20 as the date to hear oral arguments on Halbert’s attorneys’ motion to dismiss the suit. Both sides have filed briefs on the question of whether the county attorney’s office could legally appoint a private attorney to file the ouster lawsuit in August. It is the second time Halbert has been the target of an ouster lawsuit alleging willful neglect of her office. Corbin-Johnson dismissed the first, filed in May, ruling that special attorney and Hamilton County District Attorney General Coty Wamp could not file the suit because she does not live in the jurisdiction where Halbert was elected. That decision led the county attorney’s office to contract with a private lawyer to bring the suit.

Posted by: Stacey Shrader Joslin on Nov 14, 2024

Two firearm advocacy groups, Gun Owners of America and the Tennessee Firearms Association, have sued the city of Memphis and Interim Memphis Police Chief C.J. Davis, the Daily Memphian reports. The groups are seeking a temporary restraining order to stop the city from enforcing gun control measures approved by voters last week. While measures have an effective date of Jan. 1, 2025, the Memphis City Council has acknowledged they have no enforceable effect since the Tennessee Constitution prohibits local governments from enacting gun restrictions. The groups argue that despite that, the referendums infringe on their rights.

Posted by: Stacey Shrader Joslin on Nov 14, 2024

Former U.S. Solicitor General and longtime Gibson Dunn partner Ted Olson died yesterday at the age of 84. Olson served under two Republican presidents, arguing 65 cases before the U.S. Supreme Court. He was an assistant attorney general during President Ronald Reagan’s first term and solicitor general for President George W. Bush. He was named to the post after being central to Bush’s win in the 2000 Florida presidential election recount dispute. In private practice, Olson prevailed in several key court decisions, including challenging limits on political giving, challenging the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, and challenging a California state ban on same-sex marriage. Speaking of that case, Olson later said it was the most important thing he had done “as an attorney or a person.” The Associated Press has more on his life and career.

Posted by: Laura Labenberg on Nov 14, 2024

Julie Chapman has just completed her first full year of practice and has written a thoughtful and reflective piece on the Top 5 Things I Have Learned in my First Year of Practice. Chapman's main takeaways are relevant for any lawyer — whether in their first year or 20th. Julie serves as the Western Tennessee TBA YLD CLE chair and coaches a mock trial team.


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