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Posted by: Stacey Shrader Joslin on May 15, 2024

New Mexico lawyer Samantha Alane Smith has been reinstated to the practice of law in Tennessee. She had been placed on inactive status more than five years ago on June 7, 2016. Smith petitioned the court for reinstatement and the Board of Professional Responsibility found the petition to be satisfactory. She was reinstated effective April 29.

Posted by: Karen Belcher on May 15, 2024

The Knox County Grand Jury charged Defendant, Jonathan Darrell Hardin, 1 with one count of especially aggravated kidnapping and one count of aggravated assault. Following a jury trial, Defendant was found guilty of the lesser offenses of aggravated kidnapping and assault. The trial court imposed an effective sentence of ten years in the Tennessee Department of Correction (TDOC), to be served consecutively to a ten-year sentence for a prior conviction. On appeal, Defendant argues: (1) the State committed discovery violations by not disclosing certain evidence; (2) Defendant’s fair trial rights were violated by the State’s failure to preserve and withhold material evidence; (3) the State improperly commented on Defendant’s right to silence; (4) the State improperly commented on Defendant’s post-arrest silence during Defendant’s cross-examination; (5) Defendant’s trial counsel rendered ineffective assistance by not calling an eyewitness witness to testify; and (6) Defendant is entitled to relief based on cumulative error. After review, we affirm the judgments of the trial court.

Posted by: Karen Belcher on May 15, 2024

Petitioner, Christopher A. Maxwell, pleaded guilty to one count of first degree premeditated murder and two counts of attempted first degree premeditated murder, and was sentenced to an effective term of life plus twenty years. Petitioner filed a timely petition for post-conviction relief, which the post-conviction court denied after conducting a hearing. On appeal, Petitioner alleges he was denied the effective assistance of counsel and that his guilty pleas were entered unknowingly and involuntarily. After review, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on May 15, 2024

Petitioner, Horatio Lewis Rice, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claims that trial counsel was ineffective by failing to adequately investigate Petitioner’s mental health issues and that Petitioner lacked the mental capacity to enter into a constitutionally valid plea agreement. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on May 15, 2024

Trevale Demarco Davis, Defendant, appeals the Hamilton County Criminal Court’s probation revocation of his effective five-year sentence for three counts of aggravated burglary and one count of robbery. On appeal, Defendant contends that the trial court abused its discretion by revoking his probation. After review, we affirm the trial court’s judgment.

Posted by: Karen Belcher on May 15, 2024

Petitioner, Shelton Hall, III, appeals the denial of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

Posted by: Stacey Shrader Joslin on May 15, 2024

Tennessee Gov. Bill Lee joined with Utah Gov. Spencer Cox at an event in Nashville this week to promote Cox’s “Disagree Better” initiative. The governors, both Republicans, currently hold leadership positions in two gubernatorial associations. Cox is chair of the National Governors Association, while Lee heads the Republican Governors Association. Cox launched the initiative as part of his year in office and is holding events to spotlight how Americans can work through their differences to find solutions to difficult problems facing states and the nation. At the Nashville event, Lee said, “We can disagree and stand firm for our beliefs and principles, but we should never forget the dignity of the other human being. I’m proud to join governors across the nation in demonstrating that civility is not a weakness — it’s the Tennessee Way and the American Way.”

Posted by: Stacey Shrader Joslin on May 15, 2024

The Tennessee Supreme Court has reinstated Knox County lawyer Matthew David Barocas to the practice of law conditioned on his continued compliance with conditions imposed when the court suspended him on Jan. 18. Barocas was suspended for one year, with three months to be served on active suspension and the remainder on probation. During the probationary period he must engage a practice monitor, complete the Board of Professional Responsibility's Trust Account Workshop as well as additional continuing legal education hours, and pay disciplinary costs. He also must not incur new complaints of misconduct related to the suspension. Barocas petitioned the court for reinstatement on April 17.

Posted by: Stacey Shrader Joslin on May 15, 2024

Belmont University College of Law second-year student Chelsea Morgan is the winner of the school’s Fifth Annual Legal Fiction Workshop Contest. Her winning entry “My Son Spots” is an atmospheric story of an attorney who finds her footing again after an encounter with a client who loses everything. The workshop, taught by Professor Kristi Arth, is offered as an extracurricular activity for a limited number of 2Ls and 3Ls each spring. Winners are selected by outside community reader through an anonymized review process. This year’s reader was former Tennessee Bar Journal editor Suzanne Craig Robertson. In selecting Morgan for the recognition, Robertson said the writing was excellent, the imagery well done and theme of showing there is hope to come even in the bleakest situations “is a good message for all busy lawyers to heed.” Read more in a release from Belmont.

Posted by: Stacey Shrader Joslin on May 15, 2024

Most people were taught at a young age how to manage their finances and set short- and long-term wealth management strategies. But what about mental health? Strategies for investing in mental, emotional and spiritual well-being have not always been prioritized, leaving many to seek help only when they are mentally bankrupt. Join Rachel Schaffer Lawson with Dickinson Wright and Laura Durbin with Eastman for a webcast on May 20 from 11:30 a.m. to 12:30 p.m. to learn how to avoid that outcome. The pair will share their courageous stories about what it means to invest in mental wealth, and share resources and strategies for others to achieve well-being.


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