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Posted by: Azya Thornton on Aug 16, 2024

RONALD LEE GILMAN, Circuit Judge. A jury found that nurses Melissa Furnace, Chad Goetterman, and James Mollo (collectively, the Defendants) were deliberately indifferent to Wade Jones’s medical condition while Jones was incarcerated at the Kent County Correctional Facility (the Jail). The jury also found that the Defendants’ deliberate indifference was a proximate cause of Jones’s subsequent death, and it awarded Jones’s Estate $6.4 million in compensatory damages. For all of the reasons set forth above, we AFFIRM the judgment of the district court.

Posted by: Azya Thornton on Aug 16, 2024

MURPHY, Circuit Judge. After carjacking a gas-station customer and robbing a bank, Don Ellis pleaded guilty to several offenses. He admitted that he had, among other things, twice used or carried a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c). On appeal, Ellis argues that the district court should have allowed him to withdraw his guilty plea. He also argues that his indictment failed to allege a § 924(c) offense. And he argues that the court constructively amended the indictment to fix this error. But all three claims suffer from the same problem: Ellis waived his right to appeal as part of his plea agreement. He nevertheless suggests that we may hear these claims because he did not knowingly plead guilty. He adds that the alleged indictment error qualifies as a jurisdictional defect that he could not waive. Because both arguments lack merit, we grant the government’s motion to dismiss this appeal.

Posted by: Azya Thornton on Aug 16, 2024

This is an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B section 2.02 from the trial court’s denial of a motion for recusal. Having reviewed the petition for recusal appeal, we affirm the trial court’s decision to deny the motion for recusal.

Posted by: Stacey Shrader Joslin on Aug 16, 2024

The Tennessee Supreme Court has directed Florida lawyer Grace Ingrid Gardiner to respond within 30 days why discipline imposed by the Supreme Court of Minnesota should not also be imposed in Tennessee. On June 20, the Minnesota court imposed an indefinite suspension on Gardiner.

Posted by: Stacey Shrader Joslin on Aug 16, 2024

Kentucky lawyer Joy Jaye Minner was reinstated to the practice of law in Tennessee on Aug. 14. She had been on inactive status for more than five years, since May 21, 2010. The Board of Professional Responsibility reported that the petition for reinstatement was satisfactory and the court approved the petition.

Posted by: Stacey Shrader Joslin on Aug 16, 2024

Georgia lawyer Timothy Minthorn Klob was reinstated to the practice of law in Tennessee on Aug. 14. He had been on inactive status for more than five years, since Sept. 12, 2012. The Board of Professional Responsibility reported that the petition for reinstatement was satisfactory and the court approved the petition.

Posted by: Stacey Shrader Joslin on Aug 16, 2024

The Tennessee Supreme Court yesterday rejected the Board of Professional Responsibility’s recommended discipline for White County lawyer John Edward Hutson. The court stated that based on its review of the entire record, it had concerns that the proposed sanction was too lenient. “One of the mitigating circumstances listed in the protocol memorandum — absence of a dishonest or selfish motive — clearly does not apply to the facts that are admitted by the plea,” the court wrote in its order. Hutson agreed to a conditional guilty plea on April 18. The court rejected that plea and referred the matter back to the board for “further proceedings consistent with” the order.

Posted by: Laura Labenberg on Aug 16, 2024

Earning a law degree can be mentally, emotionally and physically challenging for all students. Even the most talented students can struggle at times. TBA's member benefit partner Clio has developed helpful strategies to help students prevent and/or recover from burnout. Learn more here.

Posted by: Azya Thornton on Aug 16, 2024

Start taking steps today to secure your law firm and your client’s confidential data! Join colleagues and Paul Unger with Affinity Consulting on Aug. 22 from noon to 1 p.m. CDT to learn more about how to protect your practice. The session, the second in TBA's Summer Success Series, will cover ransomware attacks, phishing schemes, cloud computing, mobile device management, full disk encryption, secure document management, shadow-IT, two- factor authentication, password management, VPNs, anti-virus, backup, user education and more. Learn more or register here.

Posted by: Azya Thornton on Aug 16, 2024

Missouri woman Lisa Findley has been arrested for an alleged scheme to defraud Elvis Presley's family out of millions of dollars and the ownership of Graceland through a foreclosure sale, the Daily Memphian reports. The ongoing investigation was turned over to federal law enforcement after the state Attorney General's office determined the matter was best suited for federal review. According to a press release from the U.S Attorney General's Office, Findley used multiple aliases, fabricated documents claiming Elvis Presley's daughter had pledged Graceland as collateral for a loan and “used a brazen scheme to try to defraud the Presley family of their interest in this singularly important landmark.”


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