The Defendant, Ezekiel Abraham Schmaltz, appeals his Knox County jury convictions of two counts of observation without consent and one count of assault, for which he received an effective sentence of two years and six months’ incarceration. On appeal, the Defendant argues (1) the evidence was insufficient to sustain his convictions, (2) the State committed prosecutorial misconduct by discussing punishment with the prospective jurors during voir dire, (3) the trial court erred by admitting extrinsic proof of the victim’s prior consistent statements to rehabilitate her credibility, (4) the trial court erred by restricting the Defendant’s ability to cross-examine two State’s witnesses, and (5) the cumulative effect of trial errors entitles him to a new trial. Following our review, we remand the case for merger of the Defendant’s convictions of observation without consent into a single conviction and the entry of corrected judgments. We otherwise affirm the judgments of the trial cour

The Defendant, Jonathan Louis Nelson, was convicted by a Washington County Criminal Court jury of aggravated kidnapping, rape, three counts of aggravated rape, and aggravated assault, and was sentenced by the trial court to an effective term of forty years at 100% in the Tennessee Department of Correction. On appeal, the Defendant challenges the sufficiency of the evidence in support of his aggravated kidnapping and rape convictions and argues that the trial court erred in declining his request for a special jury instruction on the lack of consent as an essential element of aggravated rape. We affirm the judgments of the trial court.

A Henderson County jury convicted the Defendant, Darryl Deshields, of evading arrest, reckless endangerment, reckless driving, and speeding, and the trial court imposed an effective three-year sentence. On appeal, the Defendant argues that the evidence is legally insufficient to establish his identity as the perpetrator of the crimes beyond a reasonable doubt. He also asserts that the verdict is against the weight of the evidence and that the trial court erred in approving the verdict as thirteenth juror. Finally, the Defendant contends that the trial court improperly admitted hearsay evidence regarding the tip that led investigators to his whereabouts. Upon our review, we respectfully affirm the judgments of the trial court.

In the Chancery Court for Bledsoe County (“the Trial Court”), Robert Simmons (“Plaintiff”) filed a complaint for declaratory judgment against his neighbors, Michael and Anna Marie Black (“Defendants”) to establish the correct common boundary line between their two properties. Two competing surveys were presented to the Trial Court, but only one surveyor testified. The Trial Court found Plaintiff’s surveyor, the testifying surveyor, credible and established the common boundary line in accordance with Plaintiff’s survey. Defendants have appealed. Discerning no reversible error, we affirm.

This appeal arises from a personal injury action following a motor vehicle collision in Shelby County, Tennessee. The trial court granted defendants’ motion for summary judgment and dismissed the remaining negligence claim after concluding that plaintiff failed to provide sufficient evidence as to breach of duty and causation. We affirm.

This case concerns a ground lease for real property upon which a business maintained a billboard. After the landowner sent a letter to the business purporting to terminate the lease, the business sought a declaratory judgment that the lease remained valid and requested damages. The landowner filed a counterclaim for a declaratory judgment that the lease was void or had been breached by the business. After a bench trial, the trial court determined that the lease had expired and awarded the landowner the rental income from the billboard minus the business’s expenses. On appeal, the business asserts that the trial court erred by denying its equitable defenses and in its award of damages. We conclude that several of these defenses were waived in the trial court and that the business failed to prove the remaining defenses. However, we also conclude that the trial court erred in its award of the rental income and vacate this portion of the order. Because the record does not contain sufficient evidence for this Court to determine the proper distribution of the rental income, we remand the matter for further proceedings.

The Tennessee Education Association (TEA) is pushing for changes to the state’s K-12 education system. According to Fox 17, TEA’s new proposal, "Reimagining Tennessee’s Public Schools for the Future," compiles ideas from educators across the state and calls for a residency-first licensure model and more flexible school calendars with the goal of enhancing teaching and learning. Survey results show 81% of educators feel too much time is spent on mandatory assessments while 83% believe the results are not used properly. TEA is urging Gov. Bill Lee and state policymakers to adopt the recommendations to create what they say would be a more innovative and engaging education system.

The Tennessee Bar Association (TBA) has launched a new, statewide portal for volunteer opportunities in partnership with Paladin, a leading pro bono management platform. The TBA Pro Bono Portal will play a crucial role in TBA’s work engaging Tennessee attorneys in pro bono and public interest opportunities by centralizing events, cases and training resources in one place. Using the portal, the TBA will work with over 15 legal aid providers across the state as well as its own Young Lawyers Division and other bar leadership groups to aggregate pro bono opportunities in a real-time, statewide database the legal community can access for free. “The TBA is proud to be part of the collaborative efforts working for quality, accessible legal services for all in our state. Paladin is the perfect tool to remove barriers that keep lawyers from volunteering. It will amplify clinics, individual cases and other opportunities for TBA members and the larger legal community,” said TBA President and Knoxville lawyer Heidi Barcus. She also thanked World Within for funding the first year of the portal. Read more about how the portal will work in a press release from the TBA or sign up for a free CLE on Nov. 5 to learn how to use the portal.

In related news, the TBA Access to Justice (ATJ) Committee recently sponsored a strategic action summit to engage bar leaders in identifying concrete ways the legal community can support legal service organizations in Tennessee. The event, hosted at Butler Snow's Nashville office, brought together leaders from key law firms, corporate legal departments and other stakeholders from across the state. Participants discussed practical ways to provide direct, meaningful pro bono assistance to organizations on the front lines of delivering legal aid to low-income and vulnerable Tennesseans. The summit, as well as ongoing ATJ Committee initiatives, will help craft TBA’s strategy for engaging Tennessee attorneys in pro bono and public interest opportunities. See photos from the day.

The U.S. Senate on Tuesday failed for the 13th time to advance a stopgap spending bill that would fund the government until Nov. 21 and end the monthlong government shutdown. The 54-45 vote was nearly identical to the previous 12 votes, as Republicans and Democrats held firm in their positions, the Tennessee Lookout reports. The measure needed at least 60 votes to advance under the Senate’s legislative filibuster. Senate leaders continued to clash over priorities, with Republicans urging passage of the House-approved bill to reopen the government and Democrats pushing for broader negotiations over tax credits and social programs. Both parties reportedly are exploring separate measures to fund nutrition assistance programs.

A federal judge has dismissed a lawsuit filed by state Rep. Justin Jones, D-Nashville, that alleged Tennessee House Speaker Cameron Sexton, R-Crossville, and other legislative leaders violated his First and 14th Amendment rights, WSMV reports. The lawsuit centered on Jones’ expulsion, reinstatement and treatment as a lawmaker after he and two other representatives joined gun reform protests on the House floor following the Covenant School shooting in Nashville. The group, known as “The Tennessee Three,” drew national attention as lawmakers debated whether their actions were protected speech or disruptive conduct. In a 52-page opinion filed last week, U.S. District Judge Eli Richardson dismissed the case in its entirety, ruling that Jones lacked standing. The decision follows multiple motions to dismiss filed by Sexton and the other defendants.