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Posted by: Julia Wilburn on Nov 6, 2024

Candidates who passed the July 2024 Tennessee Bar Exam were admitted to the practice of law at a ceremony in Nashville this month. Representatives from the Tennessee Bar Association and its Young Lawyers Division were on hand to congratulate the new admittees. See photos from this event.

Posted by: Stacey Shrader Joslin on Nov 5, 2024

According to Secretary of State Tre Hargett, some Tennessee voters received text messages on election day saying, “Your 2024 presidential election ballot has been officially removed from consideration.” Hargett responded to the reports calling the messages “nothing more than a scam.” However, his office did report the situation to authorities for further investigation. The Daily Memphian reports that Hargett did not specify how many voters received the texts or in what parts of the state the messages circulated.

Posted by: Azya Thornton on Nov 5, 2024

A Shelby County jury convicted the defendant, Terrance Williams, of conspiracy to commit first-degree murder, attempted first-degree murder, and employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of fifty-six years in confinement. On appeal, the defendant contends the evidence presented at trial was insufficient to support his convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Posted by: Azya Thornton on Nov 5, 2024

Defendants, Jeffrey August Tate and Steven Ogle, were indicted in separate cases for multiple counts of theft of property and home construction fraud involving separate victims. Before trial, both Defendants filed motions to dismiss the home construction fraud counts in their respective indictments, alleging that a portion of the home construction fraud statute, Tennessee Code Annotated section 39-14-154(b)(1), was unconstitutionally vague on its face, and Defendant Tate also argued that the statute was vague as applied to him. Following a joint hearing on both Defendants’ motions, the trial court concluded that the home construction fraud statute is unconstitutionally vague on its face. The State appealed both Defendants’ cases pursuant to Tennessee Rule of Appellate Procedure 3(c), and this court consolidated the appeals. We conclude that the State does not have an appeal as of right pursuant to Rule 3(c) because the record does not reflect that the substantive effect of the trial court’s order resulted in the dismissal of the indictments. Accordingly, we dismiss the appeals.

Posted by: Azya Thornton on Nov 5, 2024

Paul L. Foutner, Defendant, was indicted for first degree murder, three counts of attempted first degree murder, reckless endangerment, two counts of employing a firearm in the commission of a dangerous felony, and one count of felon in possession of a firearm for his role in a shooting in Knoxville. The trial court dismissed the reckless endangerment charge before trial, and a jury convicted Defendant of second degree murder, attempted second degree murder, two counts of reckless endangerment, employing a firearm in the commission of a dangerous felony, employing a firearm in the commission of a dangerous felony with a prior violent felony, and felon in possession of a firearm. Defendant received an effective sentence of 54 years. On appeal, Defendant challenges the sufficiency of the evidence to support his convictions for second degree murder and attempted second degree murder. Because the evidence is sufficient to support the convictions, we affirm the judgments of the trial court.

Posted by: Azya Thornton on Nov 5, 2024

Jacob Wyatt Allen, Defendant, appeals from the revocation of judicial diversion after subsequent arrests for driving under the influence, aggravated criminal trespass, driving on a revoked license, driving under the influence, violation of the motorcycle helmet law, and violation of an ignition interlock system. Because the trial court did not abuse its discretion, we affirm the revocation of judicial diversion.

Posted by: Azya Thornton on Nov 5, 2024

The appellee filed a petition for a common law writ of certiorari seeking judicial review of a decision from the board of zoning appeals. Having determined that the petition did not comply with certain statutory requirements, we find that the trial court lacked subject matter jurisdiction to take up the writ. Accordingly, we vacate the trial court’s order, and remand for the entry of an order of dismissal.

Posted by: Azya Thornton on Nov 5, 2024

In this appeal, the employer contended the employee’s willful failure to use a safety device served to bar to his workers’ compensation claim. The employee worked as a picker and lift operator for the employer. Employees in such positions were required to utilize a tether system that connected to the lift and attached to a body harness to prevent falls. While the employee was on the lift and attempting to maneuver a sofa onto a high inventory shelf, he fell approximately 20 feet to the floor, injuring his back and left leg. The employee contended that his harness was attached to the tether when he elevated the lift and attempted to place the sofa on the shelf. Conversely, the employer asserted the employee either willfully failed to properly attach the safety harness or willfully detached the safety harness before the fall, resulting in his injuries. Following a compensation hearing, the trial court determined that the employer had failed to show by a preponderance of the evidence that the employee had willfully violated the employer’s safety rules. The court concluded the employee had sustained a compensable injury and awarded benefits, and the employer has appealed. After a careful review of the record and hearing the arguments of the parties, we affirm the trial court’s order and certify it as final.

Posted by: Julia Wilburn on Nov 5, 2024

Candidates who passed the July 2024 Tennessee Bar Exam were admitted to the practice of law at a ceremony in Nashville today. Representatives from the Tennessee Bar Association and its Young Lawyers Division were on hand to congratulate the new admittees. Ceremonies continue in Jackson tomorrow and Memphis on Thursday. Watch for coverage and photos from these events coming soon in TBA Today and on social media. See photos from today's event.

Posted by: Julia Wilburn on Nov 5, 2024

Smith County recently received a $1.8 million grant to restore the Historic Smith County Courthouse. The grant comes as part of a larger allocation of $101.6 million in funding from the Department of Economic and Community Development as part of the second round of broadband and digital opportunity grants. The grant will cover the replacement of windows with energy-efficient models and the HVAC units. The first floor will be remodeled for office space and a free Wi-Fi room for citizens, including a designated area for health screenings and telehealth visits. The second floor will be revamped for county commission meetings and local business training sessions. Free Wi-Fi will be accessible on and around the courthouse grounds. The Smith County Insider has the story.


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