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Posted by: Tanja Trezise on Apr 25, 2024

The Petitioner, Avery LaVerne Davenport, appeals from the Cumberland County Criminal Court’s summary dismissal of his petition for the writ of error coram nobis. The coram nobis court dismissed the petition as untimely. On appeal, the Petitioner contends that the court erred in dismissing his petition. We affirm.

Posted by: Tanja Trezise on Apr 25, 2024

On January 10, 2017, Daryl Ray Baker, Petitioner, pleaded guilty to four counts of aggravated sexual battery, five counts of attempted rape of a child, and two counts of sexual battery by an authority figure. The trial court sentenced him to an effective sentence of nineteen years in confinement, and Petitioner did not file a direct appeal of his conviction or sentence. In April 2023, Petitioner filed a petition for post-conviction relief, requesting the post-conviction court to consider his delayed post-conviction petition. Therein, Petitioner argued that newly discovered evidence entitled him to relief and due process required tolling of the one-year statute of limitations for post-conviction relief. The post-conviction court dismissed the petition, and Petitioner now timely appeals. After review, we affirm the post-conviction court’s judgment.

Posted by: Tanja Trezise on Apr 25, 2024

In a divorce action, the wife moved for recusal of the trial judge. The motion was denied and the wife appealed pursuant to Tenn. Sup. Ct. R. 10B. Because the wife waited too long to file her motion, we affirm the denial of the motion to recuse.

Posted by: Tanja Trezise on Apr 25, 2024

In this case involving termination of the mother’s parental rights to her child, the trial court found that eight statutory grounds for termination had been proven by clear and convincing evidence. The trial court further found that clear and convincing evidence demonstrated that termination of the mother’s parental rights was in the child’s best interest. The mother has appealed.1 Having determined that the petitioner did not prove the statutory ground of abandonment through failure to visit the child prior to the mother’s incarceration by clear and convincing evidence, we reverse the trial court’s finding as to that ground. Additionally, because the trial court made insufficient findings of fact and conclusions of law concerning a separate statutory ground it termed, “abandonment by an incarcerated parent/wanton disregard,” we reverse the trial court’s determination as to that ground as well. We affirm the trial court’s judgment in all other respects, including the termination of the mother’s parental rights to the child.

Posted by: Tanja Trezise on Apr 25, 2024

This is a wrongful death action that was filed pro se by two sons of the decedent, in their capacity as co-administrators of the estate of the decedent, on behalf of the decedent’s six children. The trial court found that the action was filed by persons not authorized to practice law on behalf of the estate and/or others, and therefore, it was void ab initio and a nullity. Accordingly, the trial court dismissed the complaint in its entirety. The two pro se sons appeal. We conclude that the complaint was void to the extent that the pro se sons asserted claims on behalf of other heirs of the decedent, as they were engaged in the unauthorized practice of law. However, the complaint was partially proper to the extent that the two pro se sons were also asserting their own right of action under the wrongful death statute. Consequently, the trial court erred by dismissing the complaint in its entirety. However, on remand, the additional heirs will be given an opportunity to file a motion to intervene. In the event they do not, the trial court is directed to consider Tennessee Rules of Civil Procedure 19.01 and 19.02 in order to determine whether the other heirs are indispensable parties and to consider issues related to such a determination. Thus, the decision of the circuit court is affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.

Posted by: Tanja Trezise on Apr 25, 2024

This is an accelerated interlocutory appeal from the denial of a motion for recusal of the trial judge. After carefully reviewing the record provided by the appellant, we reverse the decision of the trial court denying the motion for recusal and remand for reassignment.

Posted by: Tanja Trezise on Apr 25, 2024

This is an interlocutory appeal as of right, pursuant to Tenn. Sup. Ct. R. 10B, filed jointly by David Carroll (“Plaintiff”) and Todd Foster (“Defendant”) (“Petitioners,” collectively), seeking to recuse the trial judge in this case. Having reviewed the petition for recusal appeal filed by Petitioners, and finding no reversible error, we affirm.

Posted by: Stacey Shrader Joslin on Apr 25, 2024

The U.S. Supreme Court heard arguments today in a case that will test whether a former president has immunity from prosecution for acts committed while in office. According to Reuters, conservative members of the court indicated some sympathy to the argument that presidents should have some immunity against criminal charges for certain actions taken in office, while the liberal members warned that giving a former president sweeping immunity might embolden sitting presidents to commit crimes while in the White House. Justice Neil Gorsuch summed up the gravity of the case, saying, "We're writing a rule for the ages." Former President Donald Trump has claimed that he is immune from criminal prosecution for his role in the Jan. 6, 2021, attacks on the U.S. Capitol. Trump argues that, because he was president at the time, he cannot now be tried. His trial in that case remains on hold until the Supreme Court rules.

Posted by: Julia Wilburn on Apr 25, 2024

The Administrative Office of the Courts (AOC) has released a new episode of the Court Talk podcast, recorded at the 2024 Conference of Chief Justices in Nashville. Justice Sarah Campbell interviews Chief Justice Mary R. Russell of Missouri, Chief Justice Elissa Cadish of Nevada, Chief Justice Elizabeth Clement of Michigan and Chief Justice Ann Timmer of Arizona about how new technologies have been implemented in their respective states. Technology is changing at a rapid pace, and judicial systems here in Tennessee and around the U.S. are finding innovative ways to keep up, from positive uses of AI, to civic education, to improved access to justice, data access and more.

Posted by: Stacey Shrader Joslin on Apr 25, 2024

A new TBA Legislative Updates podcast is now available. Join TBA attorneys and lobbyists Brad Lampley and Ashley Harbin with Adams and Reese as they provide an update on indigent representation funding; the TBA's adoption birth certificate bill, HB2645/SB2632, and adoption clean-up bill, HB2644/SB2633; and the upcoming adjournment. Legislative Updates airs each week the legislature is in session on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.


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