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Posted by: Azya Thornton on Oct 23, 2024

A former Memphis Police Department officer is serving a six-month federal prison sentence for stealing $18,500 from CrimeStoppers and will have to pay $22,400 in restitution. Arica Hutchison pleaded guilty to defrauding the United States in June and was sentenced earlier this month. According to the Daily Memphian, Hutchison entered fraudulent data into the CrimeStoppers database while an associate posed as a tipster to receive the the reward. Hutchison accessed databases and provided her associate with tip numbers and suspect information about tips. Disciplinary records show she admitted to federal investigators in February that she illegally obtained CrimeStoppers funds. Hutchison joined MPD in 2007 and CrimeStoppers in 2018. “As far as we’re concerned, (in) 44 years, it’s never happened before,” David Wayne Brown, CrimeStoppers executive director, said. "I consider it an anomaly.”

Posted by: Azya Thornton on Oct 23, 2024

Donald J. Polden, former University of Memphis Cecil C. Humphreys School of Law dean died Oct. 15 at the age of 76. Polden served as dean of the law school from 1993 to 2003. According to the school, he increased the diversity of the student body, raised the national profile of the faculty, and secured significant private support for the law school during his tenure. He also oversaw the law school's move to its downtown Memphis building and its admission to the Association of American Law Schools. Polden received his law degree from the University of Indiana. In a press release, the school says he was known for his commitment to diversity and access to legal education. Polden also served on numerous state and national commissions and committees, including those dedicated to improving racial and ethnic diversity in state courts, strengthening clinical legal education and improving the health of law students.

Posted by: Azya Thornton on Oct 23, 2024

The TBA's Law Office Technology & Management Section is presenting the latest installment of its law tech webcast series on Nov. 19 from 1:30 p.m. to 2:15 p.m. CST.  In "Our Era of AI: Responsible AI & Microsoft Copilot," attorneys will hear how Microsoft embraces Responsible AI in its development of AI solutions and how the Microsoft legal department uses the Microsoft Copilot AI solution to achieve more. For more information or to register visit the TBA’s website.

Posted by: Azya Thornton on Oct 23, 2024

Affinity Insight is the “easy” button you’ve been waiting for. The Affinity Insight Standard Plan gives your team 24/7 access to in-depth, self-guided legal tech training. Offering over 150 hours of content covering more than 30 different software products, the on-demand training platform provides the kind of practical, real-world training staff need to grow and thrive. As an administrator, you can assign courses, manage users and generate progress reports quickly and easily. Learn more about these services in the Firm Training Section of the TBA’s Law Firm in a Box.

Posted by: Azya Thornton on Oct 22, 2024

Several months before the COVID-19 pandemic began, defendant Tamir Abdullah—a federal prisoner convicted of crack-cocaine offenses—moved to reduce his sentence under Section 404 of the First Step Act of 2018. He sought to benefit from the Fair Sentencing Act’s aim at lessening the sentencing disparity between offenses involving crack cocaine and those involving other types of cocaine, made retroactive by the First Step Act. Over the next four and a half years, Abdullah continued to press his sentence-reduction arguments through several filings and at a hearing on his motion. When the district court finally decided Abdullah’s motion, it failed to address the motion’s merits; the court instead construed the motion as one seeking “compassionate release” due to the pandemic and denied it because Abdullah’s prison had only two positive cases of COVID-19 at the time. Though the district court undoubtedly erred in its interpretation of Abdullah’s motion, we nevertheless affirm the denial of the motion because intervening caselaw prohibits Abdullah from receiving a sentence reduction under the Fair Sentencing and First Step Acts.

Posted by: Azya Thornton on Oct 22, 2024

Aaron Malone, Petitioner, was convicted of first degree felony murder for his role in a murder that took place during an attempted robbery and sentenced to life in prison. State v. Malone, No. W2009-02047-CCA-R3-CD, 2011 WL 1005487, at *1 (Tenn. Crim. App. Mar. 22, 2011), perm. app. denied (Tenn. July 13, 2011). His conviction and sentence were affirmed on direct appeal. Petitioner unsuccessfully sought post-conviction relief. Malone v. State, No. W2016-00666-CCA-R3-PC, 2017 WL 1404374, at *15 (Tenn. Crim. App. Apr. 18, 2017), perm. app. denied (Tenn. Aug. 21, 2017). Petitioner then filed a “Petition to Reopen for Requesting DNA Post-conviction.” The post-conviction court summarily dismissed the petition, and Petitioner timely appealed, arguing that: (1) the post- conviction court erred by failing to address and make findings of fact regarding all four requirements of Tennessee Code Annotated section 40-30-304 in its order denying the petition; (2) the post-conviction court erred in finding the evidence was previously subjected to DNA analysis; (3) the post-conviction court erred in finding there was not a reasonable probability that Petitioner would not have been prosecuted or convicted if exculpatory results were obtained from DNA analysis; (4) the post-conviction court erred in dismissing the petition without a hearing; and (5) the post-conviction court erred by failing to appoint new counsel after counsel informed the court he was leaving the jurisdiction. After a review, we affirm the judgment of the post-conviction court.

Posted by: Azya Thornton on Oct 22, 2024

This appeal concerns the estate of Dr. Hillery W. Key (“Dr. Key”), who died testate in 1912. These proceedings began in 1998 in the Chancery Court for Tipton County (“the Trial Court”). The parties are descendants of Dr. Key. Odessa Rose and Marilyn Locke (“Plaintiffs,” collectively) advocate a per capita distribution of Dr. Key’s estate. Carolyn Fields Hayes and Frederick Fields (“Hayes Defendants,” collectively) and Larry Murrell, Jr., Joyce A. Carter, Dorethea McIntyre, and Lynnie Higgs (“Murrell Defendants,” collectively) (“Defendants,” all defendants together) assert that this Court, in a 2005 opinion, already decided upon a per stirpes distribution. The parties reached an agreement on the record in open court ostensibly ending this long-running matter, but Plaintiffs have appealed anyway. Defendants filed motions to dismiss. We hold, inter alia, that Plaintiffs are bound by the agreement announced in court whereby the parties waived their right to appeal. We hold further that the law of the case doctrine prevents Plaintiffs from relitigating the distribution of Dr. Key’s estate. We affirm. Defendants’ motions to dismiss are denied as moot. We find this appeal frivolous, and remand for the Trial Court to award Defendants reasonable attorney’s fees and expenses under Tenn. Code Ann. § 27-1-122, to be paid by Plaintiffs rather than from the common fund in this case.

Posted by: Azya Thornton on Oct 22, 2024

The trial court terminated a father’s parental rights to a minor child based on severe abuse. The trial court also concluded that terminating the father’s parental rights was in the child’s best interests. Father appeals. Discerning no error, we affirm the trial court’s ruling.

Posted by: Azya Thornton on Oct 22, 2024

This case involves dueling declaratory judgment actions arising out of a deed of conservation easement dated December 31, 2007, encumbering property located within the Town of Farragut in Knox County. The trial court found in favor of Foothills Land Conservancy and awarded the nonprofit its damages, expenses, and attorneys’ fees. Upon review, we affirm.

Posted by: Stacey Shrader Joslin on Oct 22, 2024

The Knoxville Bar Association and the U.S. Bankruptcy Court for the Eastern District of Tennessee, in partnership with Legal Aid of East Tennessee (LAET), will hold a Debt Relief Clinic on Nov. 9 to provide pro bono legal services to income-eligible consumer debtors in Knox, Blount, Loudon and Sevier counties. The clinic will begin at 8:45 a.m. EDT at the Knox County Public Defender's Community Law Office, 1101 Liberty St., Knoxville 37919. Judge Suzanne Bauknight will present a short overview of the bankruptcy system and then volunteer lawyers will conduct initial meetings with the clients to discuss their situations and options. Those interested in helping should register online. Clients seeking advice should register by Nov. 1 by calling 865-637-0484.


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