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Posted by: Azya Thornton on Oct 7, 2024

U.S. Attorney Francis M. Hamilton III in the Eastern District of Tennessee has announced that the U.S. Department of Justice has awarded more than $5.1 million in grants to help reentry programs in the district. Funding from the department’s Office of Justice Programs (OJP) will provide services in a number of jurisdictions including Bedford County, Chattanooga, Hamilton County, Johnson City and Knoxville. Chattanoogan.com has more.

Posted by: Azya Thornton on Oct 7, 2024

The July 2024 bar exam is shaping up to be a strong one for test takers, with pass rates largely trending up, according to Reuters. More than half of U.S. states had reported exam results as of Friday morning with 18 of the 26 posting higher overall pass rates than in July 2023. Ten states saw improvements of five percentage points or more, two states had the same pass rate as last year, while six were down by small margins. Officials with the National Conference of Bar Examiners attributed some of the gains to the large size and strong academic credentials of the entering class of 2021. Applicants to law school increased 13% that year due to the pandemic.

Posted by: Azya Thornton on Oct 7, 2024

The U.S Supreme Court is preparing to weigh in on the legal challenge involving Tennessee's ban on gender-affirming medical care for transgender youth. The U.S. Justice Department is contesting the law, which restricts access to puberty blockers and hormone therapy for minors. Tennessee is one of two dozen states enforcing such restrictions. This case is being described as one of the most important LGBTQ rights cases to reach the court according to Moore County News. The court previously allowed a similar ban in Idaho to take effect while legal challenges proceeded.

Posted by: Azya Thornton on Oct 7, 2024

The Tennessee Senate Energy, Agriculture, and Natural Resources Committee met last Thursday to discuss proposed changes to state wetlands regulations. David Salyers, commissioner of the Tennessee Department of Environment and Conservation, told lawmakers that allowing unchecked development on Tennessee’s wetlands — which serve to absorb floodwaters and replenish aquifers — could lead to flooding that will cost taxpayers “millions and millions of dollars down the road." Developers, by contrast, criticized the department's recommendations for not going far enough to remove restrictions that increase project costs and timelines. Tennessee Lookout reports on the hearing.

Posted by: Azya Thornton on Oct 7, 2024

Tennesseans whose job was affected by Hurricane Helene can apply for Disaster Unemployment Assistance (DUA), according to the Tennessee Department of Labor (TDOL) and Workforce Development. WSMV 4 News reports that individuals can apply regardless of whether federal DUA has been approved yet. Those receiving state unemployment should also apply for DUA to be eligible for additional federal benefits. For more information or to apply, visit the TDOL website.

Posted by: Laura Labenberg on Oct 7, 2024

In this piece, The Professional Power of Pro Bono: Building Skills, Networks and Purpose, Alix Rogers sheds light on how pro bono work not only helps those in need but also can be a valuable tool for professional growth. Rogers is director of career and professional development at Belmont University College of Law. She focuses her career on helping students develop their professional identity and navigate their legal careers. She also serves on the TBA YLD Board as the Middle Tennessee Governor.

Posted by: Azya Thornton on Oct 4, 2024

This matter is before the court upon the government’s motion to dismiss for lack of jurisdiction.

Posted by: Azya Thornton on Oct 4, 2024

This is an interlocutory appeal from the trial court’s order granting the motions of Defendant, Larry McKay, (“Defendant”) and Shelby County District Attorney General, Steven J. Mulroy, (“DA Mulroy”) to disqualify the Office of Attorney General and Reporter (“Attorney General”) from representing the State during Defendant’s capital error coram nobis proceeding. The trial court concluded that a recently enacted statute, which gave the Attorney General “exclusive control over the [S]tate’s defense of the request for collateral review” in capital cases, see 2023 Tenn. Pub. Acts ch. 182 (“Public Chapter 182”), violated Article VI, § 5 of the Tennessee Constitution. The Attorney General obtained permission from the trial court and this court to file an interlocutory appeal on behalf of the State to address this constitutional issue of first impression. After thoroughly considering the briefs and arguments of the parties and amici curiae, this court concludes that the trial court erred in finding that Public Chapter 182 was unconstitutional. Accordingly, the order of the trial court is reversed, and this case is remanded for further proceedings.

Posted by: Azya Thornton on Oct 4, 2024

A Hawkins County jury convicted the Defendant, Johnathan James Gilley, of aggravated assault for which he received a fifteen-year sentence of imprisonment. In this direct appeal, the sole issue presented for our review is whether the evidence is sufficient to support the element of serious bodily injury to sustain an aggravated assault conviction. We affirm.

Posted by: Azya Thornton on Oct 4, 2024

This appeal concerns the statute of limitations for a will contest. David Estes (“Petitioner”) filed a will contest in the Probate Court for Wilson County (“the Probate Court”) seeking to set aside the will of Petitioner’s father, Joe Richard Estes (“Decedent”). Jennifer Brooke Estes Little, Executrix of the Estate of Joe Richard Estes (“Respondent”), Petitioner’s sibling, filed a motion to dismiss arguing that the applicable two-year statute of limitations had expired by the time of day that Petitioner filed his will contest. The Probate Court granted Respondent’s motion. Petitioner appeals to this Court. Petitioner’s will contest was filed two years from the date that Decedent’s will was admitted to probate; thus, it was timely filed. The exact hour and minute of the day the will contest was filed is immaterial. We, therefore, vacate the judgment of the Probate Court, and remand for this case to proceed.


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