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Posted by: Azya Thornton on Jul 24, 2024

A Hamblen County jury convicted the Defendant, Randy Scott Bible, of aggravated statutory rape and soliciting sexual exploitation of a minor, and the trial court sentenced him to a fourteen-year sentence, with one year of confinement and the remainder to be suspended to supervised probation. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that he received the ineffective assistance of counsel. After review, we affirm the trial court’s judgments.

Posted by: Azya Thornton on Jul 24, 2024

The Plaintiff suffered significant injuries after falling through a plastic, debris-covered skylight embedded in the roof of the Defendant’s shop building. The Plaintiff sued the Defendant homeowner, alleging that the debris-covered skylight constituted a dangerous condition and that the Defendant failed to warn of its existence prior to the accident. After the Plaintiff did not call the Defendant as a witness and rested his case in chief, the Defendant sought a directed verdict, arguing that the Plaintiff could not establish that the Defendant had actual or constructive notice of the condition. The trial court agreed and granted the Defendant’s motion. Viewing the proof in the light most favorable to the Plaintiff, as required at this stage of the proceeding, we conclude that the trial court erred in granting a directed verdict. We remand for further proceedings.

Posted by: Azya Thornton on Jul 24, 2024

The Appellant previously entered into a workers’ compensation settlement agreement with the Appellee herein, Southern Energy Company, Inc., following serious injuries he received in an incident that had occurred at the latter’s biodiesel plant. Years later, the Appellant also attempted to recover against the Appellee in tort for the incident in the Davidson County Circuit Court. After the Circuit Court granted summary judgment in favor of the Appellee, the Appellant appealed to this Court. For the reasons stated herein, we affirm.

Posted by: Stacey Shrader Joslin on Jul 24, 2024

Memphis lawyer Larry E. Parrish has filed a petition with the Tennessee Supreme Court, asking the court to declare its own Rule 10B, which deals with judicial recusals, to be unconstitutional. Specifically, Parrish alleges that the rule’s provision by which a party waives their right to recusal, even on constitutional grounds, by failing to file a motion under Rule 10B, violates the U.S. Constitution’s 14th Amendment and state law. He notes that two cases presently pending in Tennessee trial courts, in which he is involved, illustrate the importance of the court resolving the questions he raises. He argues that recusal motions are stalled because the lower courts do not have subject matter jurisdiction to decide whether Rule 10B is unconstitutional.

Posted by: Azya Thornton on Jul 24, 2024

Defendant appeals a jury verdict finding him liable for breach of contract and fraudulent inducement. We affirm the jury verdict, but reverse, in part, the trial court’s denial of attorney’s fees to the plaintiffs under the parties’ contract. We also award the plaintiffs their attorney’s fees incurred on appeal under Tennessee Code section 27-1-122.

Posted by: Stacey Shrader Joslin on Jul 24, 2024

The Arts & Business Council of Greater Nashville and its Volunteer Lawyers & Professionals for the Arts (VLPA) program will hold a pro bono clinic on Aug. 7 for those needing legal advice on issues surrounding their creative practice. The free 30-minute in-person appointments are available to income-qualified artists, musicians, creatives and arts organizations in the state. The clinic will run from 6-8 p.m. CDT at the Nashville office of Bradley, 1221 Broadway, Ste. 2400, Nashville 37208. Those who would like to participate should register by Aug. 2. To volunteer at the clinic, email vlpa@abcnashville.org.

Posted by: Stacey Shrader Joslin on Jul 24, 2024

A number of Democratic U.S. senators have introduced legislation designed to overturn the U.S. Supreme Court’s recent decision curtailing the deference given to federal agencies when questions related to regulations surface in the courts. The "Stop Corporate Capture Act" would codify the so-called "Chevron deference" into law and make a series of other changes that sponsors say would modernize and streamline the rulemaking process. Reuters has more on the proposal. Read the bill or a two-page summary.

Posted by: Azya Thornton on Jul 24, 2024

Members of Tennessee's Registry of Election Finance have criticized Attorney General Jonathan Skrmetti, accusing him of “an abdication of responsibility” for his handling of a campaign finance investigation it referred to his office. There were previous complaints about the time it took the attorney general’s office to conduct the investigation into the Tennessee Constitutional Republicans and the Sumner County Constitutional Republicans. Registry members have now voted to subpoena involved parties and conduct their own investigation. At a recent meeting, they also questioned a $13 million increase in the attorney general's budget in light of what they perceive to be neglect in campaign finance oversight. The Tennessean reports on the developments.

Posted by: Stacey Shrader Joslin on Jul 24, 2024

Tennessee Department of Finance and Administration officials say nearly all of the state’s “citizen-facing” systems are up and running following last weekend’s wide ranging shut down caused by a defective software update to Microsoft's Windows operating system. The interruption impacted governments and private companies across the country that use cybersecurity company CloudStrike. A spokesperson says 99% of Tennessee systems are back online and that the occasional “blue screens of death” have ended, Tennessee Journal reports. The Tennessee Court of Workers' Compensation Claims also reported it was affected.

Posted by: Azya Thornton on Jul 24, 2024

Friends of George’s, the theater group that opposed Tennessee’s law limiting drag show performances, plans to appeal the U.S. 6th Circuit Court of Appeals' recent decision to dismiss its suit. The attorney representing the group acknowledged that the appeals process could be difficult, calling it a "strong case, but statistically speaking, it’s a long shot," according to the Daily Memphian. Regardless of the law, the theater group says it plans to proceed with its first production of the year.


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