Week of April 15, 2024 - April 19, 2024

A Shelby County Grand Jury indicted the Defendant, Michael Taylor, for first degree premeditated murder, unlawful possession of a weapon, and violation of an order of protection. The Defendant, at his jury trial, was convicted of the lesser included offense of second degree murder as well as the charged offenses of unlawful possession of a weapon and violation of an order of protection. Following a sentencing hearing, the trial court imposed an effective twenty-five year sentence. On appeal, the Defendant argues the trial court provided an incomplete and misleading jury instruction on self-defense that prevented him from receiving a fair trial. Because the self-defense instruction was error and this error was not harmless beyond a reasonable doubt given the particular facts of this case, we reverse the Defendant’s convictions and remand this case to the trial court for a new trial on all counts.

In 2016, the Petitioner, Mack Mandrell Loyde, was convicted of aggravated burglary, aggravated robbery, and employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of life without parole. In 2018, this court affirmed his convictions and remanded for resentencing. State v. Loyde, No. M2017- 01002-CCA-R3-CD, 2018 WL 1907336, at *1-3 (Tenn. Crim. App. Apr. 23, 2018), perm. app. denied (Tenn. Aug. 8, 2018). In 2019, the Petitioner filed a petition seeking postconviction relief based on ineffective assistance of counsel, the denial of which was affirmed on appeal. Loyde v. State, No. M2022-01132-CCA-R3-PC, 2023 WL 5447386, at *3 (Tenn. Crim. App. Aug. 24, 2023). In 2023, five years after his convictions and sentence became final, the Petitioner, acting pro se, filed the instant petition for writ of error coram nobis, which was summarily dismissed as beyond the one-year statute of limitations. In this appeal, the Petitioner contends he is entitled to equitable tolling of the limitations period based on an affidavit from an individual, Brandy Oldaker, who claimed to have been involved in the underlying offenses and who denied the Petitioner was involved. The Petitioner claims the affidavit is newly discovered evidence of his innocence.1 Upon review, we affirm.

The Defendant, Shane Dwight Bingham, appeals from his convictions for attempted second degree murder, aggravated assault, and employment of a firearm during the commission of a dangerous felony. On appeal, the Defendant argues that (1) the evidence was insufficient to establish his identity as the perpetrator of the offenses; (2) the trial court erred by admitting evidence of the Defendant’s flight from police; and (3) the trial court erred by instructing the jury on flight. Following our review, we affirm the judgments of the trial court.

What began as a public records request ended with the trial court imposing sanctions upon the requester for violations of Rule 11 of the Tennessee Rules of Civil Procedure. The trial court concluded that the public records requester violated Rule 11 by including a false statement and deceptive exhibit in her Public Records Act Petition, by failing to conduct an adequate inquiry before filing her Petition, and by having an improper purpose in connection with her anticipated speech regarding any public records that she might obtain via the Public Records Act. The trial court imposed multiple sanctions upon the requester including a $5,000 penalty, a requirement to associate counsel in any future pro se filing within the judicial district, and a dismissal with prejudice of her Petition. We conclude the trial court properly determined the requester violated Rule 11 by including a false statement and deceptive exhibit in her Petition. Given the context of the Public Records Act, we conclude, however, that the trial court erred with regard to its conclusion that the requester made an inadequate inquiry prior to filing her Petition and had an improper purpose in connection with the requester’s anticipated use of any documents she obtained. We also conclude the monetary penalty imposed by the trial court violates the Fifty-Dollar Fine Clause of the Tennessee Constitution. Because of our other findings, we vacate the trial court’s imposition of all three sanctions, and remand for determination of an appropriate sanction in light of our decision.

This appeal concerns the attempt to register and enforce a foreign decree purporting to modify the terms of a divorce decree. For the reasons stated herein, we conclude that the trial court correctly determined that the foreign decree was void for lack of subject matter jurisdiction. Although appellant raised a second issue for review on appeal concerning attorney’s fees, we conclude appellant is not entitled to any relief on the issue.

This appeal stems from a post-divorce custody modification in which the father sought increased parenting time with his minor daughter, I.B. The trial court agreed with the father that a material change in circumstances had occurred and that a modification of the father’s parenting time was warranted. The trial court also awarded the father $15,000.00, or roughly half, of his attorney’s fees incurred in the trial court proceedings. The mother appeals the trial court’s decision. Because the father was, for the most part, the prevailing party at trial and proceeded in good faith, the trial court did not abuse its discretion in awarding the father a portion of his attorney’s fees. We affirm the trial court’s ruling as to attorney’s fees. However, we vacate the portion of the trial court’s final judgment placing a price cap on the minor child’s therapy fees. Consequently, the trial court’s judgment is affirmed as modified. Finally, we decline to award either party their attorney’s fees incurred on appeal.

Members of the newly appointed 2024-2025 Young Lawyers Division (YLD) Board met at Montgomery Bell State Park last weekend for their spring retreat to make plans for next year's programs and projects. President-elect Sean Aiello, who will be sworn in at the TBA Convention in June, provided an overview of the upcoming bar year and introduced his initiatives of increased focus on public service, an expanded membership base in underrepresented areas, and increased partnership with local bars, affiliated organizations and law schools. See photos from the event.

Jeffrey K. Moore Jr. current president of the Memphis Bar Association YLD and member of the TBA YLD's Long Range Planning Committee, recently sat down with Quinton Thompson, current TBA YLD president and former MBA YLD president, for a discussion about his rise in the legal field. It is a genuine look at Thompson's journey, highlighting how he has navigated his career path while contributing meaningfully to the legal community. Click here to read the article. 

Reporters from across the state gathered in Nashville to learn about copyright law, investigative journalism, open records law and more during the annual Reporters Workshop program, produced jointly by the Tennessee Bar Association and the Tennessee Association of Broadcasters. Participants were selected from a number of applicants who were interested in developing a deeper understanding of media law issues that affect their everyday work, including access to government information, defamation and privacy concerns in reporting and other timely topics. Panelists included veteran reporters Phil Williams with News Channel 5 in Nashville and Meribah Knight with Nashville Public Radio; copyright attorneys Keane Barger and Tim Warnock with the Nashville office of Loeb & Loeb; and legal media experts Paul McAdoo with the Reporters Committee for Freedom of the Press and Deborah Fisher, executive director at the Tennessee Coalition for Open Government. The program continues tomorrow.