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Posted by: Azya Thornton on Oct 10, 2024

A Shelby County jury convicted the Defendant, Johnny Wilkerson, of two counts of aggravated robbery. The trial court imposed twenty-year sentences for each conviction and ordered them to be served consecutively for a total effective sentence of forty years. The Defendant challenged the sufficiency of the evidence to sustain his convictions, and this court affirmed the judgments. State v. Wilkerson, No. W2016-00078-CCA-R3-CD, 2016 WL 6596103, at *1 (Tenn. Crim. App. Nov. 7, 2016), no perm. app. filed. The Defendant sought post-conviction relief, which the post-conviction court denied, and this court affirmed on appeal. Wilkerson v. State, No. W2019-00459-CCA-R3-PC, 2020 WL 506781, at *1 (Tenn. Crim. App. Jan. 30, 2020), no perm. app. filed. Subsequently, the Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, challenging the imposition of consecutive sentencing. The trial court denied the Defendant’s motion on the grounds that consecutive sentencing was authorized pursuant to statute and therefore the Defendant’s sentence was not illegal. On review, having determined that the Petitioner has failed to state a colorable claim for Rule 36.1 relief, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Oct 10, 2024

In 2018, the Defendant, Joey Lasean Scribner, pleaded guilty to possession of 0.5 grams or more of cocaine with the intent to sell, and the trial court sentenced him to ten years to be served on probation. The Defendant violated his probation, and the trial court reinstated his probation. In April 2023, the Defendant was stopped by law enforcement for speeding. Law enforcement determined that he was intoxicated. After a hearing, the trial court found that the Defendant had again violated his probation and ordered him to serve the balance of his sentence in confinement. On appeal, the Defendant contends that the trial court failed to place adequate findings in the record to support its decision to fully revoke his probation. After review, we affirm the trial court’s judgment.

Posted by: Azya Thornton on Oct 10, 2024

In 2015, the Defendant, Ryan Leath, pleaded guilty to theft of property valued over $10,000, and the trial court sentenced him to six years, suspended, and ordered him to supervised probation. In May 2023, the trial court revoked the Defendant’s probation for being arrested for driving under the influence, driving on a revoked license, and harassment. The trial court returned the Defendant to probation, extending it by six years, and ordered him to sign up and attend a mental health treatment program. In October 2023, the Defendant’s probation officer filed an affidavit alleging that the Defendant had not attended the program. The trial court revoked the Defendant’s probation after a hearing, and on appeal, the Defendant contends that the trial court erred when it revoked his probation and ordered him to serve his sentence in confinement. After review, we affirm the trial court’s judgment.

Posted by: Azya Thornton on Oct 10, 2024

Defendant, Lonnie K. Cody, appeals the trial court’s order revoking his probationary sentence for aggravated burglary, vandalism of $1,000 or less, and unauthorized use of a motor vehicle. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Oct 10, 2024

A dental patient brought this negligence action against the dentist who performed implant procedures on her and his dental practice. After the patient voluntarily dismissed the case against the dentist, the trial court granted the dental practice’s motion for summary judgment. We have determined that genuine issues of material fact exist as to when the dental patient reasonably should have discovered that the dentist had acted wrongfully. We, therefore, reverse the trial court’s decision.

Posted by: Azya Thornton on Oct 10, 2024

The State appeals a judgment against it for an injury caused by the gross negligence of its employees in the creation or maintenance of a dangerous condition on state-owned property. Because we conclude that the Tennessee Claims Commission lacks subject matter jurisdiction over claims for gross negligence, we reverse.

Posted by: Stacey Shrader Joslin on Oct 10, 2024

Gov. Bill Lee has announced that three more counties — Claiborne, Grainger and Sullivan — have been approved for FEMA’s public assistance program. Public assistance helps state and local governments in debris removal, life-saving emergency protective measures, restoring public infrastructure and hazard mitigation for future disasters. Several counties also received approval for permanent work assistance. The TBA Disaster Resources page offers general information for those impacted by disasters, as well as those seeking to provide assistance. The TBA's Helene Disaster Response page has information and resources specific to this disaster.

Posted by: Stacey Shrader Joslin on Oct 10, 2024

The Tennessee Supreme Court last week heard arguments in two challenges to redrawn legislative districts for the state Senate and House, the Nashville Banner reports. A three-judge panel ruled in 2023 that the Senate map was unconstitutional because the districts in Davidson County were not numbered consecutively. The state is challenging that decision, questioning the plaintiff’s standing to sue. The same panel found the House map to be constitutional even though it split Gibson County, saying the legislature acted in good faith. Attorney Scott Tift argued the court should overturn that decision because the state constitution only allows splitting to comply with federal redistricting laws.

Posted by: Stacey Shrader Joslin on Oct 10, 2024

Florida-based employment law attorney Gary Martoccio has opened a Martoccio Law Group office in Nashville. Located downtown at 414 Union St., Ste. 1900, 37219, the office is home to two attorneys and three staff members, with plans to grow in the future, Martoccio tells the Nashville Post. For the past 12 years, Martoccio has represented employees in disputes against their employers in state and federal courts, as well as before the Equal Employment Opportunity Commission and equivalent state agencies. He focuses on wrongful termination, Family and Medical Leave Act violations, discrimination and sexual harassment. The firm also has offices in Arizona, Georgia, Illinois, Massachusetts, North Carolina, Pennsylvania and Texas.

Posted by: Stacey Shrader Joslin on Oct 10, 2024

Tennessee Corrections Commissioner Frank Strada told a legislative panel this week that the state expects to unveil a new process for executing inmates by the end of the year. "We should have our protocols in place by the end of this calendar year or at the first week or two of January," Strada said. "We've been working with the attorney general's office on writing those protocols to make sure that they're sound." He did not reveal any details about the new process, only that effort had taken a long time because of the many lawyers working on the issue to ensure it was "within the law," the Associated Press reports. The state stopped executions in May 2022 following concerns about the proper testing of lethal injection drugs. A report issued later that month found that the state had not followed its own lethal injections policies in the four years that executions had been reinstated.


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