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Posted by: Stacey Shrader Joslin on Oct 18, 2024

The U.S. Supreme Court this week tackled a case involving a man who was fired from his job as a commercial truck driver for failing a drug test after taking CBD, which he said was falsely sold as lacking the psychoactive ingredient present in marijuana. The court declined to put on hold a new EPA rule targeting carbon pollution from coal- and gas-fired power plants. The justices also gave a Texas citizen journalist a new chance to sue over her arrest, and ordered a new look at Pennsylvania youth gun restrictions.

Posted by: Azya Thornton on Oct 18, 2024

The Tennessee Department of Corrections 2024 Annual Report shows the state’s prisons are more understaffed and violent than before the pandemic. According to The Tennessean, the report shows the number of guard posts left unfilled increased last year after falling from a high in 2021. Parole and probation officer positions had a much lower vacancy rate in Fiscal Year 2024, but now is the highest it has been since 2014, the earliest year statistic are available. Employment data from Tennessee’s four privately managed prisons are not included in the department’s reporting. In addition, the report found that in all Tennessee prisons, including those privately managed, there were more assaults reported last fiscal year than in any year since 2015.

Posted by: Stacey Shrader Joslin on Oct 18, 2024

Voters at 10 to 12 early voting sites in Shelby County reportedly have complained about problems getting touch-screen voting machines to show the candidate they voted for, the Daily Memphian reports. According to Action News 5, Shelby County members of the Legislative Democratic Caucus held a press conference Thursday evening to address the reports. The Shelby County Election Commission refuted claims that any irregularities have occurred, but instructed election officials at all of the sites to make styluses available to all voters. Shelby County Elections Administrator Linda Phillips said in a statement that, "To date, no voting irregularities have been identified." She encouraged voters to "carefully review their ballot before casting it." If voters have concerns, they should request assistance from election officials at the site and not leave the location until they are satisfied they have been able to vote for their choices in all of the races and referendums on the ballot.

Posted by: Azya Thornton on Oct 18, 2024

Judge S. Curtis Rose recently won a special election to fill the bench of the 2nd Judicial District Circuit Court and was sworn in on Aug. 29 with his family attending the ceremony. "I enjoyed the opportunity to have my family there with me for that moment," Rose said. "One of the special moments that occurred was that my 94-year-old grandmother was able to attend and was also able to vote for her grandson in an election." His grandmother expressed her joy and pride, reminiscing about Judge Rose's grandfather and father, both of whom she said would have been proud of this milestone. Previously, Rose served as a municipal judge in Kingsport. Read more from the Administrative Office of the Courts.

Posted by: Stacey Shrader Joslin on Oct 18, 2024

The TBA’s 36th Annual Health Law Forum kicked off yesterday in Franklin with a welcome from TBA President Ed Lanquist Jr. The two-day event is the premier health law program in the state, providing essential insights from health law providers, practitioners and regulators. Watch for a full report from the forum in Monday's issue of TBA Today. Lanquist spoke to the group about the opportunity to engage around policy issues that are important to the practice of law in Tennessee. He encouraged those in attendance to connect with TBA's Grassroots Advocacy efforts. One of the primary government affairs issues TBA remains committed to is improving delivery of legal services for indigent clients. The TBA is focused both on securing adequate resources to compensate the lawyers who do this important work and investing in new approaches to improve the indigent representation system in a way that benefits attorneys, the larger justice system and the public.

Posted by: Julia Wilburn on Oct 18, 2024

A three-judge panel, made up of Nashville Chancellor Patricia Head Moskal, 10th Judicial District Judge Sandra Donaghy and 25th Judicial District Chancellor Kasey Culbreath, on Thursday issued a ruling specifying certain conditions that fall under an exception for medical emergencies in Tennessee's law prohibiting abortion, reports the Tennessean. The ruling also blocks the state from taking disciplinary action against physicians for performing medically necessary abortions covered by the exceptions, which include previable preterm premature rupture of membranes and fatal fetal diagnoses that lead to maternal health conditions. The panel heard arguments in April on whether to issue the temporary injunction blocking the state's abortion ban for women who are suffering severe pregnancy complications or facing cases of lethal fetal conditions.

Posted by: Karen Belcher on Oct 18, 2024

The Defendant, Billy D. Woodard, Jr., appeals the Wilson County Criminal Court’s order revoking his probation and requiring him to serve the original five-year sentence for his theft conviction in confinement. The Defendant contends the trial court abused its discretion in revoking his probation and ordering him to serve his sentence in confinement (1) by relying on grounds not included in the probation violation warrant; and (2) by failing to consider any other punishment or alternative to incarceration. After review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Oct 18, 2024

The Defendant, Gene A. Hoskins, Jr., appeals the Robertson County Circuit Court’s order revoking his probation and requiring him to serve the original three-year sentence for his aggravated assault conviction in confinement. The Defendant contends the trial court abused its discretion in revoking his probation and ordering him to serve his sentence in confinement (1) by failing to consider the consequence of the revocation as a separate discretionary decision, and (2) by failing to consider the interests of justice. After review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Oct 18, 2024

A bank obtained a money judgment in South Carolina in 2010. The judgment debtor moved to North Carolina, and the bank domesticated the South Carolina judgment in North Carolina, a state that treats enrolled judgments as new North Carolina judgments. The judgment debtor moved to Tennessee, and in 2023, the bank filed a petition to enroll the North Carolina judgment in Tennessee. The judgment debtor objected, arguing that the original South Carolina judgment had expired. The bank responded that it was not seeking to enroll the South Carolina judgment, but instead the North Carolina judgment. The trial court enrolled the North Carolina judgment. The judgment debtor appeals. We affirm.

Posted by: Karen Belcher on Oct 18, 2024

The Probate and Family Court for Cumberland County (“the Trial Court”) granted the petition of Janice Peters-Rowe (“Petitioner”) for a conservatorship over her husband, Charles Rowe (“Respondent”). Respondent’s daughter from a previous marriage, Dawn Rowe (“Daughter”), filed an intervening petition. Daughter claimed that the Trial Court lacked jurisdiction, arguing that Respondent had lived his entire life in New York until recently and that Respondent had not established residency in Tennessee. The Trial Court found that it had jurisdiction over the matter; that the marriage between Petitioner and Respondent was valid, giving Petitioner priority for appointment as conservator; and that it was in Respondent’s best interest that Petitioner be appointed as his conservator. Daughter appealed. Given that Respondent did not have the mental capacity to change his domicile at the time of his arrival in Tennessee, we conclude that the Trial Court did not have subject matter jurisdiction over this matter and accordingly vacate the Trial Court’s judgment.


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