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Posted by: Julia Wilburn on Nov 11, 2025

The Tennessee Supreme Court reinstated South Carolina lawyer David Lee Mundy on Nov. 4. Mundy had been on inactive status since May 15, 2008. The Board of Professional Responsibility reported that the reinstatement petition was satisfactory and that Mundy met the requirements of Tennessee Supreme Court Rule 9, § 10.8(c).

Posted by: Julia Wilburn on Nov 11, 2025

Judge Raymond Lepone was appointed to the 30th Judicial District Criminal Court, which covers Shelby County, by Gov. Bill Lee on Aug. 29, filling a vacancy created by the retirement of Judge Paula Skahan. Although he has a new title, Lepone is no stranger to the criminal court. Prior to taking the bench, he was a juvenile court magistrate, presiding over delinquency, custody, visitation, and dependency and neglect dockets. Lepone pursued a legal career later than most and said his uncle, a police officer in Philadelphia, inspire him to serve. “He would always be in his uniform and tell me Batman and Robin stories because I was young. He always explained his job as trying to keep people safe and help people. When I went to law school, I knew I wanted to be a prosecutor and that’s exactly what I did.” Lepone is a graduate of the University of Memphis Cecil C. Humphreys School of Law and Kennesaw State University. Read more in a profile from the Administrative Office of the Courts.

Posted by: Julia Wilburn on Nov 11, 2025

The Governor’s Council for Judicial Appointments is now accepting applications to fill a vacancy on the Tennessee Court of Appeals, which will occur with the retirement of Judge D. Michael Swiney on Jan. 12, 2026. Qualified applicants must be licensed attorneys who are at least 30 years of age, have been residents of the state for five years and reside in the Eastern Grand Division of the state. Applicants must complete the application and submit it to the Administrative Office of the Courts (AOC) by noon CST on Dec. 3. The council will meet on Jan. 7, 2026, at 10 a.m. EST, in the courtroom of the Knoxville Supreme Court Building, 505 Main St., Knoxville 37902. Any member of the public may attend the public hearing to express, orally or in writing, their objections concerning applicant(s) for the vacancy. Questions about the application process should be submitted to AOC Assistant General Counsel Laura Blount at (615) 741-2687 or laura.blount@tncourts.gov.

Posted by: Julia Wilburn on Nov 11, 2025

Make plans now to join colleagues for a unique CLE on Dec. 3 that will celebrate the 100th anniversary of the Scopes Monkey Trial by using the concepts and players involved in the trial to teach legal ethics, explore strategies for litigating counter-cultural cases in the 21st century and provide an update on what’s happening at the U.S. Supreme Court (with an emphasis on the issues that pertained to the trial). Learn more and register for this live virtual event, which will run from 9 a.m. to 3 p.m. CST, on the TBA website.

Posted by: Azya Thornton on Nov 10, 2025

The Defendant, Dallas Wayne Tomes, Jr., was convicted in the Criminal Court of Bradley County of five counts of burglary of a building other than a habitation, two counts of theft of property valued at more than $1000 but less than $2500, and one count of theft of property valued at $1000 or less. On appeal, the Defendant challenges the trial court’s denial of his motion to dismiss his charges pursuant to the Interstate Agreement on Detainers (“IAD”) and its classification of him as a career offender, arguing that the trial court failed to conduct a foreign judgments test prior to sentencing. Discerning no error, we affirm the trial court’s judgments.

Posted by: Azya Thornton on Nov 10, 2025

Petitioner, Jordan Harp, appeals the denial of his post-conviction relief petition. Petitioner was indicted by the Shelby County Grand Jury for first degree premeditated murder and especially aggravated kidnapping. Pursuant to a March 2022 negotiated plea agreement, Petitioner pleaded guilty to the lesser offense of second degree murder and to especially aggravated kidnapping and received an effective sentence of forty years.1 Petitioner timely sought post-conviction relief, alleging several instances of ineffective assistance of counsel and that his guilty pleas were unknowingly and involuntarily entered. After only hearing from Petitioner’s trial counsel, the post-conviction court stated, “I don’t need to hear anything from [Petitioner],” and denied Petitioner the opportunity to testify and present witnesses. The post-conviction court then denied relief. Because we conclude that Petitioner was not afforded a full and fair hearing on his post-conviction petition, we reverse the judgment of the post-conviction court and remand this case for a new hearing on his post-conviction petition.

Posted by: Azya Thornton on Nov 10, 2025

Defendant, Rebecca M. Davis, appeals her convictions for one count of aggravated child abuse of a child eight years of age or less, one count of aggravated child neglect of a child eight years of age or less, and two counts of aggravated child endangerment of child eight years of age or less. After a sentencing hearing, Defendant received an effective sentence of fifteen years’ incarceration. On appeal, Defendant argues that (1) the trial court erred by denying her motion for judgments of acquittal for aggravated child endangerment and aggravated child neglect of a child eight years of age or less; (2) the trial court erred by not merging her convictions for aggravated child endangerment with her respective convictions for aggravated child abuse of a child eight years of age or less and aggravated child neglect of a child eight years of age or less; and (3) the trial court violated her due process rights by allowing the State to comment on and elicit testimony regarding her pre- arrest, post-Miranda silence. After review, we reverse the trial court’s denial of Defendant’s motion for judgment of acquittal for her aggravated child neglect conviction but otherwise affirm the judgments of the trial court.

Posted by: Azya Thornton on Nov 10, 2025

November 3, 2025 - November 7, 2025.

Posted by: Azya Thornton on Nov 10, 2025

The interim superintendent of the Knox County Juvenile Detention Center resigned over the weekend, Knox News reports. Brian Bivens submitted his resignation Nov. 9, effective immediately. Leadership struggles at the facility began in May when longtime superintendent Richard Bean was forced out of the job. According to the paper, Bivens had been working to address several issues at the center, including empowering shift supervisors and updating policies and procedures.

Posted by: Azya Thornton on Nov 10, 2025

JOHN K. BUSH, Circuit Judge. Rebecca Edwards, a former Shelby County Health Department employee, brought this action under the Americans with Disabilities Act (ADA), asserting three claims. She alleges that the County (1) discriminated against her based on her night blindness, (2) retaliated against her for requesting a related accommodation, and (3) failed to accommodate a separate condition (her asthma). Following a two-day trial, the jury returned a verdict in her favor on all three claims. The County now appeals, contending that Edwards is not disabled under the ADA and that the evidence did not support the jury’s verdict. The County primarily argues that neither Edwards’s night blindness nor her asthma qualifies as a disability under the ADA, especially given her admitted ability to drive at night on some occasions. But while the evidentiary record is limited, it is not legally insufficient. Edwards testified in detail about the effect of her impairments on her daily functioning, and the jury was entitled to credit that testimony. And under the ADA’s fact-driven, individualized inquiry, the jury’s determination that Edwards is disabled was not unreasonable. So the County’s argument falls short of the standard required to disturb a jury verdict. We AFFIRM the district court’s entry of judgment on Edwards’s disability-discrimination, retaliation, and failure-to-accommodate claims.


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