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Posted by: Azya Thornton on Jul 30, 2024

Derrick Lee Johnson, Defendant, appeals from the Rutherford County Circuit Court’s judgment revoking his probation and ordering him to serve the balance of his probationary sentence of eight years in confinement. On appeal, Defendant argues the trial court abused its discretion by improperly considering Defendant’s indicted charges instead of the ones for which he was ultimately convicted, and by failing to consider whether alternative sentencing would serve the ends of justice. After review, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Jul 30, 2024

The trial court found multiple counts of criminal contempt stemming from Husband’s failure to submit to court-ordered drug and alcohol testing. It fined him $7,100.00 and sentenced him to fifty days in jail. On appeal, Husband contends that the court’s order holding him in contempt lacked sufficient factual findings. He also contends that the orders requiring testing were ambiguous and unclear and that there was insufficient proof that his failure to submit to testing was willful. Finally, he challenges the punishment because of its impact on his parenting time. We affirm the finding of criminal contempt in part as modified and vacate the sentence.

Posted by: Azya Thornton on Jul 30, 2024

The parties to this appeal separated in 2019 and executed a separation agreement requiring the husband to pay child support for the parties’ three children. When the husband filed for divorce in 2021, he requested that the child support be modified pursuant to a provision in the separation agreement. Following a bench trial, the trial court determined that the husband’s child support obligation should be modified due to a substantial change in the parties’ circumstances. Following a motion to alter or amend filed by the wife, however, the trial court reversed its initial ruling, holding that the husband’s child support obligation was non-modifiable. The husband appealed to this Court. Because the trial court erred in granting the wife’s motion to alter or amend, we reverse and remand the case for further proceedings consistent with this opinion.

Posted by: Julia Wilburn on Jul 30, 2024

The Memphis City Council on Tuesday approved three ballot questions that could establish local gun control legislation. If it passes, the referendum would amend the city's charter. The Commercial Appeal reports that the first question is about handguns, carry permits and storage. Question two focuses on assault weapons and carry permits, and question three would create an extreme order of protection — often referred to as a red flag law — in the city charter.

Posted by: Azya Thornton on Jul 30, 2024

A new analysis by the Council of Criminal Justice found homicides and violent crimes in Nashville have declined this year compared to 2023, but remain notably higher than pre-pandemic levels. Also, while violent crime has decreased in the city, mirroring national trends, motor vehicle thefts have surged since 2019. According to The Tennessean, Chattanooga was the only other Tennessee city included in the study and it saw a 7% rise in homicides compared to last year as well as an increase in motor vehicle thefts. The report suggests departments adopt research-based public safety strategies to reduce crime.

Posted by: Azya Thornton on Jul 30, 2024

Korbein Schultz, a Fort Campbell sergeant charged with selling U.S. military secrets to China, plans to plead guilty, as revealed in a recent court document. Schultz, who was an Army intelligence analyst, faces a six-count indictment including charges of unlawful export of defense articles, conspiracy and bribery. He was accused of selling sensitive military information and receiving $42,000 in return. His plea hearing is scheduled for Aug. 13. Another Fort Campbell officer, Lt. Col. Frank Ross Talbert, faces unrelated charges for illegally importing firearms and violating gun laws. His trial is set for January 2025. The Tennessean has the story.

Posted by: Julia Wilburn on Jul 30, 2024

The U.S. Department of Justice (DOJ) recently filed a lawsuit against Erlanger Hospital in Chattanooga alleging that it violated the Stark Law, a federal anti-kickback statute that also prevents giving favored treatment to physicians. Two former Erlanger executives, Chief Compliance Officer Alana Sullivan and Chief Financial Officer Britt Tabor, filed a whistleblower lawsuit in April 2021, which was unsealed earlier this year, accusing Erlanger of filing false insurance claims using the illegal self-referral process to government payers, including Medicare and Medicaid. News Channel 9 has the story.

Posted by: Azya Thornton on Jul 30, 2024

U.S. Rep. Mark Green has been named one of 13 lawmakers to serve on a bipartisan task force investigating the attempted assassination of former President Donald Trump. The task force will explore the U.S. Secret Service's security measures and the circumstances allowing a gunman to open fire at a political rally. Rep. Mike Kelly of Pennsylvania will chair the task force and says he hopes to “utilize the collective power of Congress as a tool to dig deeper and find the facts.” A final report from the group is expected by Dec. 13, with interim findings to be released as the investigation progresses. The Hill has more on the task force. Green, a Republican, represents Tennessee's 7th Congressional District.

Posted by: Julia Wilburn on Jul 30, 2024

Stephen Ross Johnson, a criminal defense trial and appellate attorney with Ritchie, Davies, Johnson & Stovall in Knoxville, was sworn in as second vice president of the National Association of Criminal Defense Lawyers (NACDL) at the group's annual meeting held Saturday in Seattle. Johnson is a past president of the Tennessee Association of Criminal Defense Lawyers, past chair of the TBA's Criminal Justice Section and former associate general counsel for the TBA. He also served on the board of the Knoxville Bar Association. Johnson is the founding past president of the Tennessee Innocence Project, and was involved in the drafting process and policy advocacy resulting in the passage of Tennessee’s Post-Conviction DNA Analysis Act of 2001 and Post-Conviction Fingerprint Analysis Act of 2021. Read more a press release from the NACDL.

Posted by: Julia Wilburn on Jul 30, 2024

A three judge panel on Monday ruled that a new law, which would cut Nashville's Metro Council in half, is unconstitutional. Axios Nashville reports that a majority of the judges agreed with the city's argument that the law violated a provision of the Tennessee Constitution that protects local governments from laws that single them out. In a statement following the court win, Nashville Mayor Freddie O'Connell highlighted a 2015 vote in which voters rejected a proposal to reduce the size of the council. The city sued over the law in March 2023 while another group sued soon thereafter. A temporary injunction on implementation of the cut was approved in April 2023.


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