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Posted by: Tanja Trezise on Oct 14, 2025

HELENE N. WHITE, Circuit Judge. The government appeals the reduction of Defendants’ sentences, from life imprisonment to terms of years, under the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194. Defendants were initially sentenced for a conspiracy involving both powder and crack cocaine and several homicides. The government argues that the First Step Act did not authorize the district court to reduce Defendants’ sentences for the homicide convictions because the homicide convictions are not “covered offenses” under § 404 of the Act and were not part of sentencing packages, and that the reduced sentences for all the convictions are substantively unreasonable in any event. Because we conclude that the First Step Act allows resentencing on some, but not all, non-covered offenses, specifically only those that are part of a sentencing package, we VACATE the sentences imposed on resentencing and REMAND for further proceedings consistent with this opinion.

Posted by: Tanja Trezise on Oct 14, 2025

NALBANDIAN, Circuit Judge. Two middle schoolers in Michigan wore sweatshirts emblazoned with the phrase “Let’s Go Brandon” to school. Based on the commonly understood meaning of the slogan, the school administrators determined that the sweatshirts were inappropriate for the school environment. They asked the students to remove the sweatshirts, and fearing punishment, the students complied. But they still wanted to wear the sweatshirts at school to express their disapproval of then-President Joe Biden’s administration and its policies. So, through their mother, the students sued the school district and several school administrators, alleging that the school deprived them of their First Amendment rights. The district court sided with the school district, concluding that the school could reasonably prohibit the sweatshirts since they were vulgar speech. Because the school reasonably understood the slogan “Let’s Go Brandon” to be vulgar, we affirm.

Posted by: Tanja Trezise on Oct 14, 2025

The Defendant, Aaron Joseph Couvertier, entered an open plea to one count of aggravated statutory rape, a Class D felony. Following a sentencing hearing, the trial court denied the Defendant’s request for judicial diversion and imposed a two-year sentence to be served in the Tennessee Department of Correction at 100 percent service. The Defendant appeals, arguing that the trial court abused its discretion in denying judicial diversion. After review, we affirm the decision of the trial court.

Posted by: Tanja Trezise on Oct 14, 2025

Gloria Juanita Milton (“Milton”) hired attorney Thomas J. Tabor, Jr. (“Tabor”) to defend her as an appellee in Milton v. Powell. After successfully defending her in the appeal, a disagreement arose between Tabor and Milton over the attorney’s fees she owed him. Tabor filed a complaint in the General Sessions Court for Claiborne County (“the General Sessions Court”), which found that Milton owed Tabor $10,030 in unpaid attorney’s fees. Milton appealed to the Circuit Court for Claiborne County (“the Trial Court”), which came to a different conclusion than the General Sessions Court. The Trial Court determined that any remaining amount owed by Milton above and beyond what she already had paid was excessive and unreasonable. Tabor appealed. Discerning no reversible error, we affirm.

Posted by: Tanja Trezise on Oct 14, 2025

This appeal arises from the sale of certain real property by a custodian for the benefit of two minor children pursuant to the Tennessee Uniform Transfers to Minors Act. The custodian sold the property without having it appraised, hiring a real estate agent, or listing the property for sale on the open market. Rather, the custodian reviewed an appraisal published by the county’s property assessor and then sold the property for a price slightly exceeding the listed value. The children’s mother filed a lawsuit on their behalf, alleging that the custodian breached his fiduciary duty of care. The trial court determined that the mother failed to prove that allegations and dismissed the case. The mother appeals. We affirm.

Posted by: Tanja Trezise on Oct 14, 2025

This is an accelerated interlocutory appeal as of right. The petitioner seeks review of the trial court’s denial of his motion for recusal. Discerning no error upon our review of the petition for recusal appeal, we affirm.

Posted by: Stacey Shrader Joslin on Oct 14, 2025

Charlie Hatcher, who stepped down last month as Tennessee’s agriculture commissioner, is expected to announce this week that he will challenge Republican U.S. Rep. Andy Ogles in the Republican primary for the 5th Congressional District, The Tennessee Journal reports. A Williamson County veterinarian, Hatcher has served nearly seven years as the head of the Agriculture Department for Gov. Bill Lee. He previously worked for a decade as the state veterinarian.

Posted by: Stacey Shrader Joslin on Oct 14, 2025

The Tennessee Board of Law Examiners has released statistics about the state's July 2025 bar exam. According to the board, 710 individuals — 603 first time test takers and 107 repeaters — took the exam. They represent more than 80 different law schools and saw an overall pass rate of 73%. For first time test-takers at Tennessee law schools, Belmont University College of Law saw the highest pass rate of 96.9%, followed by Vanderbilt University Law School at 92.5%, University of Tennessee Winston College of Law at 87.4%, University of Memphis Cecil C. Humphreys School of Law at 75%, Lincoln Memorial University Duncan School of Law at 74.7% and Nashville School of Law at 68.8%. See all statistical information released by the board or see the list of those who passed and the dates for swearing in ceremonies.

Posted by: Stacey Shrader Joslin on Oct 14, 2025

A disciplinary item in yesterday’s issue of TBA Today omitted a link to the Tennessee Board of Professional Responsibility’s press release announcing the revocation for probation for Davidson County lawyer Michael Lloyd Freeman. The document is now attached to the article. View it here.

Posted by: Julia Wilburn on Oct 14, 2025

Cris Helton, former Chattanooga attorney and East Ridge judge, was arrested in Panama City, Florida, on the felony count of making a written threat to kill or do bodily harm to his wife and her friend. Chattanoogan.com reports that on Sept. 28, Helton texted a death threat and a photo of a knife to his wife, Kimberly Helton. Helton is free on a $50,000 bond and is due back in court on Nov. 3. Helton was suspended from the practice of law in 2024 for five years after he failed to file required federal income tax returns for several years and willfully attempted to avoid his tax liabilities.


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