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Posted by: Laura Labenberg on Aug 26, 2024

The TBA Young Lawyers Division provided essential documents to 16 Sumner County firefighters today. Seven attorneys participated and provided approximately $7,500 of legal services free of charge. With the help of two Belmont Law students, these important community members received documents pertaining to powers of attorney, advanced healthcare directives and last wills and testaments. The clinic was organized by YLD District 8 Representative Grace Benitone Burnett.

Posted by: Julia Wilburn on Aug 26, 2024

The Chattanooga Bar Association on Sept. 10 will present a public reading of a screenplay written by former Hamilton County Circuit Court Judge W. Neil Thomas III about the trial of Ed Johnson. The event will take place from 3-5 p.m. EDT at the Hamilton County Courthouse, 4th Floor – County Commission Room, 625 Georgia Ave., Chattanooga 37402. Thomas is the great-nephew of Will Thomas, one of the attorneys assigned to defend Johnson, who was accused of rape and ultimately lynched in Chattanooga in 1906. The screenplay recognizes Johnson's death and sacrifice and honors the historic efforts of attorneys Noah Parden and Styles Hutchins. Judges, elected officials, attorneys, pastors and community leaders will participate in the event. Download the cast list here. Friends of the Ed Johnson Memorial said of the event: “It is critical for communities across the country, including Chattanooga, to do the difficult work of unearthing and confronting our own histories of racial injustice, while exploring how that history continues to shape the present.” Contact Jane Bowen, judicial administrator, with questions.

Posted by: Laura Labenberg on Aug 23, 2024

The Williamson County Bar recently announced the members of its executive board for 2024-2025. They are President Charles Ferguson, President-Elect Crystal Etue, Treasurer Amanda Bradley and Secretary Dylan Harper. Ferguson also serves as District 11 representative on the 2024-2025 TBA YLD Board. Harper serves as District 11 coordinator for the TBA YLD High School Mock Trial Competition.

Posted by: Azya Thornton on Aug 23, 2024

THAPAR, Circuit Judge. Erick Williams was indicted for being a felon in possession of a firearm under § 922(g)(1). He argues the indictment should be dismissed because that statute violates the Second Amendment. It doesn’t, so we affirm.

Posted by: Azya Thornton on Aug 23, 2024

This is a personal injury action arising from an automobile accident on a road encircling a Chattanooga mall. The case was heard before a jury, which concluded that the defendant was not at fault. The plaintiff appeals. Having determined that there is material evidence to support the jury’s verdict, we affirm.

Posted by: Azya Thornton on Aug 23, 2024

The Petitioner sought recusal of the trial court judge. The trial court denied the motion. The Petitioner appeals to this court. Because the petition on appeal was not filed within twenty-one days of the entry of the order, we dismiss the appeal as untimely.

Posted by: Azya Thornton on Aug 23, 2024

A divorced father retired from the military. Afterward, he received only disability pay due to service-related injuries. The mother sought to hold him in contempt, claiming she was denied a percentage of his military retirement benefits. The father denied her allegations and petitioned to modify child support. He argued that his disability pay could not be counted as income for child support purposes because federal law preempted the provision of the Tennessee Child Support Guidelines governing military disability benefits. The trial court concluded that the father’s disability pay counted as income for child support. On appeal, the father reiterates his preemption argument. Because he failed to provide timely notice of his constitutional challenge to the Tennessee Attorney General and Reporter, we consider the preemption issue waived.

Posted by: Azya Thornton on Aug 23, 2024

The Defendant, Keith Harding Miller, was convicted by a Rhea County Circuit Court jury of aggravated assault with a deadly weapon, a Class C felony. See T.C.A. § 39-13- 102(A)(1)(A)(iii) (Supp. 2019) (subsequently amended). The trial court sentenced him to three years in the Department of Correction. On appeal, he contends that: (1) the State violated Brady v. Maryland by failing to disclose material evidence, (2) a juror imparted extraneous information which impacted the verdict, and (3) the trial court erred in denying judicial diversion and in imposing incarceration. We affirm the judgment of the trial court.

Posted by: Azya Thornton on Aug 23, 2024

A Hancock County jury found Defendant, Michael J. Hite, guilty of driving under the influence, first offense. The trial court imposed a sentence of eleven months, twenty-nine days, with Defendant to serve sixty days in confinement and the rest of his sentence on probation. On appeal, Defendant contends the trial court imposed an excessive sentence. After review, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Aug 23, 2024

Judge Joe D. Duncan, a retired presiding judge of the Tennessee Court of Criminal Appeals, died Aug. 20 at age 100. Duncan, who grew up in Scott County and received his law degree from the University of Tennessee College of Law, was known for his contributions to the legal profession and his strong family ties. He served in the military, practiced law with his brother, Congressman John James Duncan, and held various judicial positions. Duncan also was involved in community service and family gatherings throughout his life. While funeral arrangements are pending, Duncan will be buried at the family cemetery on S.R. 63 in Huntsville. The Independent Herald has this remembrance.


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