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Posted by: Tanja Trezise on Jun 5, 2024

SUTTON, Chief Judge. Dr. John Stanton served as the medical director for a pain clinic in northern Tennessee. The federal government alleged that the clinic operated as a pill mill and charged Dr. Stanton with conspiring to violate federal drug laws. After a seven-day trial, a jury convicted him. On appeal, Dr. Stanton challenges the sufficiency of the evidence to support the jury’s verdict and several rulings by the trial court. We affirm.

Posted by: Stacey Shrader Joslin on Jun 5, 2024

Tennessee state and local leaders recently gathered to honor retiring State Rep. Curtis Johnson, R-Clarksville. Johnson announced last year he would not seek re-election when his term in the Tennessee House of Representatives expires in November. Johnson has served as a state legislator since 2004, including a stint as deputy speaker. Among those attending the event were Tennessee Secretary of State Tre Hargett, Treasurer David Lillard Jr. and Comptroller Jason Mumpower; Montgomery County Mayor Wes Golden; Clarksville Mayor Joe Pitts; and several fellow lawmakers. Main Street Clarksville has more on the story and photos from the event.

Posted by: Tanja Trezise on Jun 5, 2024

CLAY, Circuit Judge. Plaintiff Jeffrey Capen, a former employee of Saginaw County, Michigan, appeals the district court’s grant of summary judgment to Defendants Saginaw County and Robert V. Belleman. After Defendants scheduled Capen for two fitness-for-duty evaluations, Capen brought suit under 42 U.S.C. § 1983, arguing that the fitness-for-duty evaluations violated his procedural due process rights under the Fourteenth Amendment. The district court granted Defendants’ motion for summary judgment, concluding that Capen lacked a constitutionally protected interest, that he received the process he was due, and that Defendant Belleman was entitled to qualified immunity. For the reasons set forth below, we AFFIRM the district court’s grant of summary judgment to Defendants.

Posted by: Tanja Trezise on Jun 5, 2024

After a bench trial, Defendant, Christopher C. White, was found guilty of one count of theft valued at $10,000 or more but less than $60,000. The trial court imposed a four-year sentence, suspended to probation, and ordered Defendant to pay $10,228 in restitution. On appeal, Defendant argues (1) the evidence was insufficient to support his conviction; (2) this court lacks subject matter jurisdiction to consider Defendant’s appeal; and (3) collateral estoppel required the trial court to dismiss the case. After review, we conclude the evidence is insufficient to support Defendant’s conviction for theft. Accordingly, we reverse the judgment of the trial court, vacate Defendant’s conviction, and dismiss the case.

Posted by: Tanja Trezise on Jun 5, 2024

Tory Keith Mote, Defendant, appeals his convictions for aggravated assault, domestic assault, and interference with a 911 call after a bench trial. On appeal, Defendant argues that the evidence was insufficient to support the conviction for aggravated assault. Because the evidence was sufficient, we affirm the judgments of the trial court.

Posted by: Tanja Trezise on Jun 5, 2024

The petitioner, Charles Thomas Johnson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. Following a thorough review of the record, the briefs, and oral arguments of the parties, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on Jun 5, 2024

The Appellant, Alysha J. Barr, was convicted of vehicular assault, driving under the influence (“DUI”), and reckless endangerment with a deadly weapon. On appeal, she argues that the trial court erred by denying her motion to suppress evidence resulting from a blood draw at the scene of the collision because: (1) it was obtained pursuant to an unconstitutional search; and (2) she did not sign the waiver form as statutorily required at the time of the offense. Tenn. Code Ann. § 55-10-406 (2017) (amended 2019). She also argues that the trial court erred by admitting expert testimony based on an untrustworthy experiment. After review, we conclude that no reversible error occurred and affirm the trial court’s judgments.

Posted by: Stacey Shrader Joslin on Jun 5, 2024

Rep. Vincent Dixie, D-Nashville, has asked Attorney General Jonathan Skrmetti to issue a legal opinion on whether Donald Trump can be on the ballot in November following the former president’s conviction last week. Dixie argues that a state law barring those convicted of an “infamous crime” from running for office could apply in this case. WDEF has a copy of the letter. The Nashville Banner reports in its newsletter that the Secretary of State’s Office is dismissing the idea.

Posted by: Tanja Trezise on Jun 5, 2024

This appeal arises out of a dispute between the homeowners’ association for a planned development and the successor owner of the development over the obligations of the successor owner. We agree with the trial court’s ruling that the successor owner assumed all of the previous owner’s rights and responsibilities as the declarant under the development’s recorded restrictive covenants. We affirm the trial court’s judgment in all respects.

Posted by: Stacey Shrader Joslin on Jun 5, 2024

Shelby County District Attorney General Steve Mulroy recently sat down with The Daily Memphian for its “Behind The Headlines” show. During the program, Mulroy said it is unclear how a new state law outlawing consideration of a defendant’s ability to pay when setting bail will work, and suggested it could be challenged in court as unconstitutional. He did express support for two other bail measures the Tennessee General Assembly passed in its most recent session. Mulroy also expressed support for proposed gun reform measures, including increasing penalties for possessing a switch device and an upcoming Memphis ballot referendum which would outlaw assault rifles in city limits. He also argued that Memphis should be carved out of the state’s permit-less carry law given the urban environment and “epidemic of guns.”


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