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Posted by: Laura Labenberg on Sep 23, 2024

Members of the TBA Young Lawyer Division (YLD) visited Lincoln Memorial University (LMU) Duncan School of Law in Knoxville today. The event took place in conjunction with an Hispanic Law Student Association event. YLD District 3 Representative Mari Jasa, a graduate of the TBA Diversity Leadership Institute (DLI) program, met with students and encouraged them to take advantage of that program and others at the TBA while law students. Amanda Reyes, president of the Hispanic Law group and a member of last year's DLI class, concurred with Jasa and encouraged her LMU Law peers to apply for the DLI program. The 2025 class application is available and due Nov. 3. See photos from the day.

Posted by: Laura Labenberg on Sep 23, 2024

The TBA Young Lawyers Division (YLD) held an Essential Documents for Essential Workers (EDEW) clinic in Sevierville for first responders and their spouses last month. The clinic was organized by YLD District 2 Representative Amanda Howard. See a photo from the event.

Posted by: Azya Thornton on Sep 20, 2024

Judge Jennifer Nichols was officially sworn in as the circuit court judge for Tennessee's 18th Judicial District on Aug. 22, following her appointment by Gov. Bill Lee on July 9. With a diverse legal background that includes civil law practice, experience as in-house counsel for the Postal Service and a range of criminal cases, Nichols brings a unique perspective to her hybrid role, which encompasses responsibilities in criminal, civil and family law, according to a press release from the Administrative Office of the Courts. She earned her law degree from Samford University’s Cumberland School of Law. “Of the four trial judges here, I’m the only one that’s a hybrid. We have one criminal court judge, one chancellor and one circuit court judge for now, and I’ll be handling all three,” Nichols said.

Posted by: Azya Thornton on Sep 20, 2024

JANE B. STRANCH, Circuit Judge. In these three related cases, Plaintiffs—Christian Healthcare Centers, a medical service ministry; Sacred Heart of Jesus, a Catholic school joined by several of the school’s parents; and St. Joseph Parish St. Johns, a Catholic parish operating a school—challenge aspects of Michigan’s antidiscrimination laws. They allege that Michigan’s laws chill their speech and conduct in violation of the First and Fourteenth Amendments. The district court dismissed each case for want of standing, reasoning that no Plaintiff had shown that Michigan’s laws arguably proscribed its speech or conduct and that, in the alternative, there was no credible threat that Michigan would enforce its laws against any Plaintiff.

Posted by: Azya Thornton on Sep 20, 2024

RONALD LEE GILMAN, Circuit Judge. Beky Izamar Mazariegos-Rodas and Engly Yeraicy Mazariegos-Rodas (collectively, the Petitioners) are two sisters who are natives and citizens of Guatemala. The Petitioners, who were left behind in Guatemala as young children after their parents entered the United States without inspection in 2009, fled to this country in 2015 after gang members threatened to maim and kill them. They also entered the United States without inspection, and the Department of Homeland Security (DHS) placed them into removal proceedings shortly thereafter. For all of the reasons set forth above, we GRANT the Petitioners’ petition for review in part, DISMISS it in part, VACATE the BIA’s denial of the Petitioners’ application for asylum and withholding of removal, and REMAND for reconsideration consistent with this opinion.

Posted by: Azya Thornton on Sep 20, 2024

The Defendant, Robert Allen Turner, was convicted in the Davidson County Criminal Court of aggravated robbery and two counts of possession of a firearm with intent to go armed and received an effective twelve-year sentence. The Defendant did not file a direct appeal of his convictions but filed a petition for post-conviction relief based on the ineffective assistance of counsel. The post-conviction court ultimately determined that the Defendant was entitled to a delayed appeal. On appeal, the Defendant claims that the evidence is insufficient to support his aggravated robbery conviction and that the trial court erred by sentencing him as a Range II, multiple offender for that conviction. Based upon our review, we conclude that the post-conviction court was without jurisdiction to grant a delayedappealbecausethepost-convictionpetitionwasuntimely. Accordingly,theappeal is dismissed.

Posted by: Azya Thornton on Sep 20, 2024

The defendant, Jacob A. Smith, appeals his Knox County jury conviction of unlawful possession of a weapon by a convicted felon, challenging the trial court's denial of his motion to continue his trial to attain the assistance of an expert witness. Because the defendant's motion for new trial was untimely filed and because we decline to waive the untimeliness of the defendant's notice of appeal, we dismiss the appeal.

Posted by: Azya Thornton on Sep 20, 2024

Nearly twenty years ago, Petitioner, Nickolus L. Johnson,1 shot Bristol Police Officer Mark Vance in the face as Officer Vance entered a home responding to a disturbance call, killing the officer. State v. Johnson, 401 S.W.3d 1, 8 (Tenn. 2013). A Sullivan County jury convicted Petitioner of first degree murder and sentenced him to death. Id. After his conviction and sentence were affirmed on direct appeal, id. at 7, Petitioner subsequently sought post-conviction relief. The post-conviction court denied relief after extensive hearings. Petitioner raises numerous arguments on appeal assailing his conviction and sentence based primarily on ineffective assistance of counsel as well as several standalone constitutional claims. After a thorough review of the record, the applicable law, the parties’ briefs, and oral arguments, we affirm the post-conviction court’s judgment in all respects.

Posted by: Azya Thornton on Sep 20, 2024

The plaintiff appeals from the dismissal of its claim concerning the Water Quality Control Act (“WQCA”), codified at Tennessee Code Annotated section 69-3-101, et seq.1 We now affirm the dismissal due to the applicable statute of limitations.

Posted by: Azya Thornton on Sep 20, 2024

Appellant filed this petition for recusal appeal after the trial court denied a motion to recuse. In light of Appellant’s failure to comply with Rule 10B of the Rules of the Supreme Court of the State of Tennessee, we affirm.


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