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Posted by: Azya Thornton on Nov 4, 2024

Defendant, Gary E. Brown, was indicted by a Knox County Grand Jury in case number 122940 for aggravated assault by strangulation, domestic assault, false imprisonment, interfering with an emergency call, and two counts of violating a no contact order. Defendant was later charged by information in case number 125355 with domestic aggravated assault. In case number 122940, Defendant pled guilty to domestic assault and was sentenced to 179 days for which he had credit. In case number 125355, Defendant pled guilty to aggravated assault with an agreed-upon sentence of three years suspended to probation, with the trial court to determine after a hearing whether Defendant would receive judicial diversion. Following the trial court’s denial of judicial diversion, Defendant appeals arguing that the trial court abused its discretion in denying judicial diversion. Following our review of the record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Posted by: Azya Thornton on Nov 4, 2024

This is a case involving a contractual relationship between sophisticated business entities in which the Plaintiff-Appellant agreed to order beverage products manufactured by the Defendant-Appellee. The delivered products were nonconforming, and the Plaintiff- Appellant thereafter filed suit asserting common law tort claims and alleging violation of the Tennessee Consumer Protection Act. Upon motion of the Defendant-Appellee, however, the trial court dismissed the lawsuit. As part of its order of dismissal, the trial court held that the asserted common law tort claims were barred by the economic loss doctrine and ruled that the Tennessee Consumer Protection Act claim was barred by the statute of limitations. For the reasons stated herein, we affirm the trial court’s judgment of dismissal.

Posted by: Azya Thornton on Nov 4, 2024

In this child support dispute, the mother filed a petition to extend child support for an adult child due to the child's severe disability. The father filed a motion to dismiss the petition for lack of subject matter jurisdiction, which the trial court denied. Following a bench trial, the court entered an order determining that the parties' adult son was severely disabled and directing the father ot pay child support "going forward" and retroactively. The father sought to amend the final judgment, again raising the issue of the trial court's subject matter jurisdiction and also requesting that the final order be set aside until the child could undergo a vocational evaluation. The trial court denied the motion to alter or amend. The father has appealed. Discerning no reversible error, we affirm. Upon consideration, we decline the mother's request for attorney's fees on appeal.

Posted by: Azya Thornton on Nov 4, 2024

October 28, 2024 - November 1, 2024.

Posted by: Azya Thornton on Nov 4, 2024

October 21, 2024 - October 25, 2024.

Posted by: Stacey Shrader Joslin on Nov 4, 2024

The Tennessee Supreme Court will hear arguments Nov. 6 in Jackson in the case of State of Tennessee v. Pervis Tyrone Payne. The court will look at whether the trial court had jurisdiction to reconsider the consecutive alignment of sentences after a determination of intellectual disability. Payne was convicted of two counts of first-degree murder and one count of assault with intent to commit murder. He was sentenced to death for the murder charges and to 30 years in the assault case, to be run consecutively. In 2021, the General Assembly provided a process by which death row inmates may challenge the death penalty due to an intellectual disability. Payne filed under the new law and after evaluation was determined to meet the definition of intellectual disability. Payne’s attorneys and the state agreed that he should receive two life sentences but disagreed whether the sentences should be served consecutively or concurrently. The trial court found that the sentences should run concurrently. The appeals court affirmed. The state is appealing that decision. Arguments will begin at 1 p.m. CST and be livestreamed to the TNCourts YouTube page.

Posted by: Azya Thornton on Nov 4, 2024

Kingsport trial lawyer Jack Muller Vaughn died Friday at age 80. Vaughn, a Kingsport native, served in the Army from 1965 to 1971, earning two Purple Hearts. He graduated from the University of Tennessee College of Law and practiced law in Kingsport from 1976 until his retirement earlier this year. He was a partner at the firm of Fuller & Vaughn for the majority of his career. He also served as president of Kingsport Bar Association and was appointed by the state Supreme Court to the Lawyers Fund for Client Protection, where he served as chair for four years. Vaughn later moved to Waynesboro, Virginia. Visitation will be Nov. 7 at the Hamlett-Dobson Funeral Homes in Kingsport from 5-7 p.m. EST. A funeral will follow Nov. 8 at St. Paul's Episcopal Church in Kingsport from 1-2:15 p.m. EST. Memorial donations may be sent to Trinity Episcopal Church, 1118 Preston Ave., Charlottesville, VA 22903.

Posted by: Azya Thornton on Nov 4, 2024

Fatal drug overdoses in Nashville continue to decline in the third quarter of the year, mirroring a national trend that has seen death counts fall for the first time since before the COVID-19 pandemic, according to the Nashville Banner. As of Sept. 30, there were 391 fatal overdoses in Nashville, a 26% drop compared to last year. The data also shows there were nearly 1,100 suspected overdose-related emergency room visits through the first three quarters of 2024 marking a 28% drop.

Posted by: Azya Thornton on Nov 4, 2024

Knox County Criminal Court Judge Hector Sanchez is Tennessee’s first Hispanic trial court judge. Raised by a single mother, he overcame challenges to pursue his passion for law. Sanchez moved to Knoxville in 2003 and interned at the Knox County District Attorney’s office throughout law school. After serving in the Marine Corps and working as a prosecutor, Sanchez was appointed to the bench in 2022. According to a press release from the Administrative Office of the Courts, Sanchez credits his military experience and upbringing for shaping his perspective as a judge, allowing him to empathize with defendants while maintaining a commitment to justice. Sanchez also presides over the Knox County Veterans Treatment Court.

Posted by: Azya Thornton on Nov 4, 2024

Tennessee Attorney General Jonathan Skrmetti, alongside a bipartisan coalition of 30 state attorneys general, today announced the completion of a $1.37 billion settlement agreement with Kroger, addressing the grocery chain’s role in the opioid crisis. Tennessee will receive up to $42.9 million for opioid abatement, with payments to begin early next year. According to a press release from Skrmetti's office, Tennessee has secured more than $1 billion in settlements from various parties involved in the crisis, with most funds directed to the state’s Opioid Abatement Fund. Kroger has agreed to injunctive relief that requires its pharmacies to monitor, report and share data about suspicious activity related to opioid prescriptions.


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