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Posted by: Stacey Shrader Joslin on Aug 21, 2025

The Tennessee Supreme Court on Aug. 20 dissolved a temporary suspension imposed on Hamilton County lawyer Steven Michael Hodgen on May 31, 2024. The court said that a final order of suspension imposed on Aug. 15 resolves the outstanding disciplinary matter against Hodgen and good cause exists to dissolve the temporary suspension.

Posted by: Stacey Shrader Joslin on Aug 21, 2025

Shelby County lawyer Brian Kirk Kelsey was reinstated to the practice of law on Aug. 20. He had been suspended on Dec. 8, 2022, after pleading guilty to one count of conspiracy to defraud the United States and one count of aiding and abetting the acceptance of excessive contributions. The Tennessee Supreme Court approved the reinstatement based on Kelsey receiving a full and unconditional presidential pardon or the offenses on March 11.

Posted by: Azya Thornton on Aug 21, 2025

Nathan Allan Wallace, Petitioner, appeals from the denial of his petition for post- conviction relief in which he argued that he received ineffective assistance of counsel. After a review, we determine Petitioner failed to demonstrate that trial counsel was ineffective or that any of the alleged deficiencies were prejudicial. Consequently, the judgment of the post-conviction court is affirmed.

Posted by: Azya Thornton on Aug 21, 2025

The Tennessee Supreme Court has remanded this case for consideration of the Defendant’s appeal from the Smith County Criminal Court’s probation revocation of her two consecutive eleven-month, twenty-nine-day sentences for her guilty-pleaded misdemeanor convictions for marijuana possession and possession of drug paraphernalia. See State v. Shenessa L. Sokolosky, --- S.W.3d. --- , No. M2022-00873-SC-R11-CD, 2025 WL 2016420 (Tenn. July 18, 2025) (reversing State v. Shenessa L. Sokolosky, No. M2022-00873-CCA- R3-CD, 2024 WL 1780085 (Tenn. Crim. App. Apr. 25, 2024)). This court concluded in its previous opinion that the Defendant’s appeal was moot because she had fully served her sentence and was no longer constrained by confinement or probation supervision. The Tennessee Supreme Court disagreed and concluded that the mootness doctrine does not apply because a probation revocation may result in future adverse consequences, even after completion of a sentence. Upon further review, we reverse the judgment of the trial court and remand for further findings of fact pursuant to State v. Wade, 863 S.W.2d 406, 409 (Tenn. 1993). We, likewise, remand for the entry of a corrected judgment form in Count 6 to reflect consecutive service with Count 5 and for the entry of judgment forms, if necessary, reflecting a dismissal of the charges in Counts 2, 3, 4, and 7.

Posted by: Azya Thornton on Aug 21, 2025

A Shelby County jury convicted the Petitioner, Timothy McKinney, of one count of attempted second degree murder, one count of employing a firearm during the commission of a dangerous felony, and two counts of reckless endangerment with a deadly weapon. State v. McKinney, No. W2016-00834-CCA-R3-CD, 2018 WL 1055719, at *1 (Tenn. Crim. App. Feb. 23, 2019), perm. app. denied (Tenn. July 19, 2018). The Petitioner also pleaded guilty to three counts of being a convicted felon in possession of a handgun. The trial court sentenced the Petitioner as a repeat violent offender to life without the possibility of parole. The Petitioner unsuccessfully appealed his convictions and sentence. Id. The Petitioner then filed a petition for post-conviction relief, amended by appointed counsel, in which he alleged that his trial counsel was ineffective in multiple ways. After a hearing, the post-conviction court denied relief, and this appeal ensued. After review, we affirm the post-conviction court’s judgment.

Posted by: Azya Thornton on Aug 21, 2025

A tenant was evicted by a housing authority for failure to permit access to his unit and failure to pay rent. The tenant appealed. Because the tenant’s pro se brief has severe deficiencies under the Rules of Appellate Procedure and because we are unable to determine the nature of the error asserted by the tenant, the appeal is dismissed.

Posted by: Stacey Shrader Joslin on Aug 21, 2025

The Tennessee Department of Revenue will host a free webinar on Aug. 26 to discuss manufacturing tax exemptions. Department staff will discuss the various tax exemptions for manufacturers and provide details about the registration and application process. Register for the webinar or see all upcoming educational events from the department. Read more about the program in a press release.

Posted by: Azya Thornton on Aug 21, 2025

This is the second appeal arising from this declaratory judgment action. The defendant died during the pendency of this action. After a suggestion of the defendant’s death was filed with the trial court, the defendant’s probate estate was substituted as the defendant. More than one year after the defendant’s death, the defendant’s estate filed a motion to dismiss on the ground the plaintiffs failed to properly revive the action against the defendant’s estate as required by Tennessee Code Annotated § 30-2-320. The trial court agreed and dismissed the action on the ground the plaintiffs did not follow the procedures of Tennessee Code Annotated § 30-2-320 because they filed “neither an order of revivor nor the complaint [from] this case in the Decedent’s probate proceeding, In re Estate of Doris Etheredge, Putnam Co. Probate Court No. 20739

Posted by: Azya Thornton on Aug 21, 2025

This appeal concerns individual liability in the context of a limited liability company. John Olderman (“Olderman”) and Christopher Smith (“Smith”) are manager members of CCD Oldsmith Henry, LLC, and Oldsmith Group, LLC (“Oldsmith, ” collectively). Oldsmith asked the Town of Nolensville (“the Town”) to rezone certain property so it could develop residential units on the property. This development would increase traffic at a nearby intersection. At a hearing before the Nolensville Board of Mayor and Aldermen (“the BOMA”), Smith said that Oldsmith could help pay to improve the intersection. The Town subsequently rezoned the property. Oldsmith later declined to pay what the Town said it owed, asserting it never agreed to pay so much. In response, the Town refused to issue building permits. Oldsmith sued the Town in the Circuit Court for Williamson County (“the Trial Court”). The Town filed a counterclaim and a motion to join Smith and Olderman. The Town alleged that Smith and Olderman fraudulently and negligently misrepresented what Oldsmith was willing to pay. The Trial Court denied the motion, ruling that the Town could obtain complete relief without Smith and Olderman. The Trial Court also ruled that Smith and Olderman could not be held individually liable based on these allegations. The Town appeals. We hold that the Town alleged nothing actionable against Olderman; that the Town sufficiently alleged promissory fraud against Smith; that Smith’s status as manager member of an LLC does not insulate him from liability for his own acts or omissions; and that the Trial Court’s denial of joinder as to Smith was an abuse of discretion. We affirm the denial of joinder as to Olderman. Otherwise, we reverse and remand for further proceedings.

Posted by: Stacey Shrader Joslin on Aug 21, 2025

Brian Bivens, interim superintendent of the Richard L. Bean Juvenile Detention Center, recently told the Juvenile Service Center Oversight Board that he has focused on hiring support staff, improving incarcerated teens' mental health and introducing educational and health programs during his first few months in office. Knox News looks at the changes being made following allegations of poor medical care and retaliatory firing of whistleblowers, as well as the departure of longtime superintendent Richard Bean. The changes come on the heels of others reported last month.


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