The Defendant, Kelby Lerha Taylor, appeals his convictions for nine counts of incest, eight counts of rape, three counts of sexual battery by an authority figure, two counts of aggravated assault, and one count of aggravated rape. Specifically, the Defendant argues that his substantive due process and fair trial rights were violated when the State, after its case-in-chief, dismissed a count charging continuous sexual abuse of a child under the Child Protection Act (“CPA”). This dismissal occurred after the Defendant had previously withdrawn a motion to sever the offenses based upon his understanding that the presence of the CPA charge necessitated joinder of at least some of the offenses. The Defendant additionally challenges the sufficiency of the evidence supporting his convictions. After review, we affirm the judgments of the trial court.

For the week of May 6, 2024 - May 10, 2024

The administration of President Joe Biden has asked a federal judge to terminate key aspects of a 1997 settlement agreement that established minimum standards for housing unaccompanied migrant children in detention facilities. Reuters reports that the U.S. Department of Health and Human Services is arguing it should be released from the settlement now that it has adopted regulations. The Flores settlement, named for a 1985 class action lawsuit, generally places a 20-day limit on detaining children who enter the country without documentation and requires facilities that house them to be licensed by state authorities.

President Joe Biden last week signed into law a bill sponsored by U.S. Sen. Marsha Blackburn, Republican of Tennessee, that is designed to expand reporting about the sexual exploitation of children online. Under the bill, website and social media companies must report incidents of sex trafficking, grooming or enticement of children for sexual acts to the National Center for Missing and Exploited Children. Companies previously were required to report only on child sexual abuse. The new law also toughens penalties for companies that fail to report crimes, and requires evidence to be preserved for one year, instead of the current 90 days, giving law enforcement more time to investigate and prosecute crimes. The Tennessean has more.

U.S. Supreme Court Justice Neil Gorsuch will be out with a book this summer. ”Over Ruled: The Human Toll of Too Much Law” will be released Aug. 6 according to Harper Collins. The book is written by Gorsuch and one of his former clerks, Janie Nitze. According to the publisher, Gorsuch and Nitze will review a variety of legal cases, from fishermen in Florida to an Internet entrepreneur in Massachusetts, and how Americans find themselves “trapped unexpectedly in a legal maze.” The Associated Press has more on the book.

The U.S. Senate Judiciary Committee last week approved the nomination of U.S. Attorney Kevin Ritz of the Western District of Tennessee to serve on the Cincinnati-based 6th Circuit. The committee voted 11-10 along party lines, Reuters reports. Tennessee’s senior Republican senator, Marsha Blackburn, who serves on the committee, accused the White House of rushing the nomination through without meaningfully consulting her. She and other Republicans also had questioned Ritz during his confirmation hearing about an ethics complaint they said was filed against him. Ritz denied doing anything wrong and said he was unaware that a complaint had been filed.

This year's Federal Practice Forum, presented virtually via Zoom, will offer three sessions beginning at 9 a.m. CDT on July 26. Topics will include ADR in federal district court, ramifications of the Chevron decision, and an update on Racketeer Influenced and Corrupt Organizations (RICO) Act cases in Tennessee. Be sure to sign up by 8:15 a.m. the morning of the program to receive the link to watch by email.

The TBA’s Court Square Series is back with stops planned in Cookeville and Chattanooga this spring and summer. The Cookeville program will take place the afternoon of May 30 and feature a panel of three judges, Beverly Sharpe with the Board of Professional Responsibility and a legislative update with Nathan Ridley. The Chattanooga program will take place June 7 and feature Judge Marie Williams talking about courtroom best practices, Judge Barry Steelman discussing criminal law and Rob Malin providing an update on estate planning. The Court Square Series is intended to bring top speakers to local legal communities and foster relationships and collegiality among lawyers across the state.

The TBA YLD held its inaugural Trial College event at Belmont University College of Law in Nashville last month. The program covered a range of litigation topics including getting prepared for trial, putting together a trial notebook, prepping witnesses, conducting voir dire, and planning and presenting opening statements. It concluded with a panel of experienced judges designed to provide insights from the judicial perspective. TBA YLD President Quinton Thompson and TBA YLD Past President Billy Leslie served as host and moderator. See photos from event.

The TBA YLD held its inaugural Trial College event at Belmont University College of Law in Nashville last week. The program covered a range of litigation topics including getting prepared for trial, putting together a trial notebook, prepping witnesses, conducting voir dire, and planning and presenting opening statements. It concluded with a panel of experienced judges designed to provide insights from the judicial perspective. TBA YLD President Quinton Thompson and TBA YLD Past President Billy Leslie served as host and moderator. See photos from event.