Shelby County lawyer Kenneth Michael Margolis was censured on March 24 after the Tennessee Supreme Court found that he violated Rules of Professional Conduct 1.5(c), 7.1 and 8.4(a). The court found that Margolis mistakenly took the word of his co-counsel that an existing shared client wanted both of them to handle a new matter. He did not verify that arrangement with the client, who in fact, had intended to hire only the lawyer with whom he was speaking. In addition, during this new representation, there was no written fee agreement executed, an existing medical authorization was used without the client’s authorization, and Margolis, along with co-counsel, improperly attempted to collect a contingency fee from the client.

The Defendant, Jonathan Maine Lowe, appeals his convictions for five counts of aggravated sexual battery, one count of rape of a child, one count of rape, two counts of incest, and two counts of child abuse or neglect, for which he received an effective eighty-year sentence in confinement. On appeal, he argues that the trial court erred by: (1) denying his motion to suppress statements made at the Department of Children’s Services (“DCS”) office because such statements were elicited pursuant to a custodial interrogation prior to his being given Miranda warnings; (2) improperly commenting on the evidence by incorporating the State’s bill of particulars into its jury instructions as part of the State’s election of offenses; and (3) relative to his convictions for child abuse or neglect, providing an incorrect statement of law by giving a jury instruction for “child neglect” rather than for “child abuse.” Additionally, the Defendant contends that the evidence is insufficient to support his convictions for child abuse, or in the alternative, child neglect. After review, we affirm.

The Petitioner, Jacob Ray Lane, appeals from the Knox County Criminal Court's denial of his petition for post-conviction relief, arguing that the post-conviction court erred in concluding his guilty plea was not unlawfully induced. Discerning no error, we affirm the post-conviction court’s judgment.

The Petitioner, Santory Alexander Johnson, appeals from the Hamilton County Criminal Court’s dismissal of his untimely petition for post-conviction relief. On appeal, the Petitioner argues that the post-conviction court erred by (1) finding he forfeited his right to counsel and requiring him to proceed pro se and (2) finding due process did not require the tolling of the statute of limitations. Discerning no error, we affirm.

Defendant, Richard Lawrence Canada, was convicted by a Rutherford County jury of eight counts of rape.1 The trial court sentenced Defendant to an effective eleven-year sentence to be served in confinement. Defendant appeals, arguing that the evidence is insufficient to support his convictions and that his sentence is excessive. Upon our review of the entire record, the briefs and arguments of the parties, and the applicable law, we affirm the judgments of the trial court.

The Tennessee Department of Children’s Services (“DCS”) sought the termination of the mother’s and father’s parental rights to their son in the Juvenile Court for Davidson County (“the Juvenile Court”). The Juvenile Court found that DCS had failed to prove the statutory grounds for termination of the mother’s parental rights by clear and convincing evidence. Although the Juvenile Court found sufficient evidence for grounds for termination of the father’s parental rights, it declined to find that termination was in the child’s best interest given that the mother retained her parental rights. The guardian ad litem (“GAL”) appealed, and DCS joined in filing briefs arguing that the Juvenile Court erred. Upon careful review, we find that the Juvenile Court misapplied the law in its consideration of the ground of persistent conditions and provided insufficient findings of fact addressing relevant testimony in its consideration of both persistent conditions and failure to manifest an ability and willingness to assume custody as alleged against the mother. The Juvenile Court also provided conclusory statements for each best interest factor that it considered in relation to the father. We accordingly vacate the Juvenile Court’s judgment and remand this case for the Juvenile Court to properly apply the law in its analysis of persistent conditions against the mother and provide sufficient findings of fact in support of its conclusory statements in its analysis of persistent conditions and failure to manifest an ability and willingness to assume custody against the mother. We also remand for the Juvenile Court to provide factual findings in support of its conclusions as to the best interest factors applied to the father.

The federal judiciary has approved a new office focused on improving the quality of representation of indigent criminal defendants at the U.S. Supreme Court, with the goal of creating a counterweight to the U.S. Solicitor General's Office, Reuters reports. The U.S. Judicial Conference recently approved the Supreme Court Advocacy Project and the creation of four full-time positions to support it. Its first director will be Ashley Robertson, a lawyer in the Solicitor General's Office. She is a former law clerk to U.S. Supreme Court Justice Elena Kagan. The project initially will be housed in the office of the federal public defender for the Eastern District of Virginia. The long-term plan is for the office to become an independent, standalone entity. The judiciary plans to consider funding for that in its 2028 budget, according to reports.

The next legal clinic for veterans in Knoxville will take place April 8 from noon to 1 p.m. EDT at the Knox County Public Defender's Community Law Office, 1101 Liberty St., Knoxville 37919. This is a general advice clinic sponsored by the Knoxville Bar Association, KBA Barristers, Legal Aid of East Tennessee, Lincoln Memorial University Duncan School of Law, the University of Tennessee Winston College of Law, the Knox County Public Defender’s Community Law Office and the local Veterans Affairs office. Attorneys and law students are needed for the in-person clinic. Attorneys also may help clients by phone. Sign up to volunteer.

Two Democratic candidates for the U.S. House of Representatives — Elizabeth Stephens of Nashville, who is running in the 5th Congressional District, and Jacob Anders of Tullahoma, who is running in the 4th Congressional District — are suing the Tennessee Democratic Party after being disqualified from their primaries. The two candidates argue that the party’s appeal hearing procedures were unfair and failed to provide due process. They are seeking a temporary restraining order to ensure their names appear on the August ballot. The Nashville Banner reports on the development.

The Tennessee Department of Revenue will host a free webinar on the state's obligated member entity election under the franchise & excise (F&E) tax on March 31 beginning at 9 a.m. CDT. Department staff will discuss how pass-through entities can elect to pay F&E tax at the entity level and what this means for compliance and planning. The webinar is part of a free series the department offers to the public. Learn more and register here or read more in a press release.