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Posted by: Azya Thornton on Aug 4, 2025

Penny Schwinn, who was nominated to serve as deputy secretary of the U.S. Department of Education, has withdrawn her nomination, Education Secretary Linda McMahon announced last week. Schwinn, a former Tennessee education commissioner, will instead take on a different role within the department. According to Tennessee Lookout, Schwinn is known for her advocacy of improved reading outcomes and was among President Donald Trump’s early picks for department posts. In a statement, Schwinn said she gave the decision “thoughtful consideration” and remains “committed to protecting kids, raising achievement and expanding opportunity — my lifelong mission and north star.”

Posted by: Azya Thornton on Aug 4, 2025

Memphis bail reform nonprofit Just City plans to use its own funds to bail out as many people as possible from the Shelby County Jail, the Commercial Appeal reports. Just City Executive Director Josh Spickler said the organization will use $50,000 from its bail fund to assist those being held at the jail. The move comes after news of deaths and overcrowding at the facility. Along with announcing the initiative, Spickler called on the Shelby County Sheriff's Office to take immediate steps to improve jail conditions, process inmates more quickly and reduce the number of inmates with mental health issues by next year.

Posted by: Azya Thornton on Aug 1, 2025

The district court transferred to this court the numerically second 28 U.S.C. § 2254 habeas corpus petition filed by Byron Lewis Black, a prisoner on Tennessee’s death row, for treatment as a motion for authorization to file a “second or successive” § 2254 petition under 28 U.S.C. § 2244(b). See In re Sims, 111 F.3d 45, 47 (6th Cir. 1997) (per curiam). Black has filed a motion to remand, arguing that his petition was improperly transferred. For these reasons, we DENY Black’s motion to remand, we DENY authorization to file a second or successive § 2254 petition, and we DENY Black’s motion for a stay of execution.

Posted by: Azya Thornton on Aug 1, 2025

The defendant, Robert Lee Ream, pleaded guilty to two counts of arson, and the trial court imposed an effective sentence of four years’ incarceration in the Tennessee Department of Correction. The trial court also ordered the defendant to pay $75,000 in restitution. On appeal, the defendant argues the trial court erred in ordering restitution. Upon our review, we conclude that the defendant has failed to prepare a sufficient brief in compliance with Tennessee Rule of Appellate Procedure 27(a), and therefore, his issue is waived. Accordingly, we affirm the judgments of the trial court.

Posted by: Azya Thornton on Aug 1, 2025

A jury convicted the defendant, Oscar Hernandez, of three counts of rape of a child and five counts of aggravated sexual battery. The trial court sentenced the defendant to thirty- three years for each of the rape of a child convictions and to ten years for each of the aggravated sexual battery convictions. The trial court ordered the three thirty-three-year sentences to run consecutively and the remaining sentences to run concurrently, for an effective sentence of ninety-nine years’ incarceration. In his direct appeal, the defendant contends the effective sentence is excessive. We affirm

Posted by: Azya Thornton on Aug 1, 2025

The petitioner, Eric Orlando Carter, appeals from the Circuit Court of Davidson County’s dismissal of his petition for post-conviction relief. Following review, we dismiss the appeal as untimely.

Posted by: Azya Thornton on Aug 1, 2025

A Hardin County jury convicted the Defendant of first degree premeditated murder, and the trial court imposed a life sentence in the Tennessee Department of Correction. On appeal the Defendant contends that the evidence is insufficient to sustain his conviction. After review, we affirm the trial court’s judgment.

Posted by: Azya Thornton on Aug 1, 2025

A University of Memphis law student has filed a lawsuit in Shelby County Chancery Court, alleging the city of Memphis violated the state Public Records Act by restricting access to police disciplinary documents. Tyler Foster claims the city imposed inflated fees, inconsistent policies and a “sustained pattern of noncompliance” in responding to his public records requests, including failure to provide clear explanations of fees and denial of legally mandated documents, the Memphis Flyer reports. Foster, who has submitted requests through the city’s online Public Records Center since June 2024, says his requests for police disciplinary records were marked “fulfilled and closed” without delivery of any documents. The suit contends the city’s actions hinder transparency and accountability amid longstanding concerns about police misconduct. In May, the American Civil Liberties Union and Stand for Children Tennessee submitted a public records request to the Memphis Police Department for information about “misconduct and civil rights violations.”

Posted by: Stacey Shrader Joslin on Aug 1, 2025

On July 22, the Tennessee Supreme Court lifted a temporary suspension it had imposed on Cumberland County lawyer Melanie Beth Shada on April 25, 2024. The court noted that Shada’s acceptance of a public censure on Oct. 24, 2024, resolved the disciplinary matter. It did not reinstate her license, though, since she remains administratively suspended for failure to pay annual registration fees.

Posted by: Azya Thornton on Aug 1, 2025

Judge George W. Emerson Jr. died July 29 at age 71. Emerson earned his degree from Memphis State University in 1977, followed by a law degree from the Cecil C. Humphreys School of Law in 1980. He began his career as a law clerk for Judge William B. Leffler, then practiced law for more than two decades before being appointed as a U.S. Bankruptcy judge for the Western District of Tennessee in 2006, a role he held with honor until his retirement in 2020. A visitation will be held Aug. 9 at 10 a.m. CDT at the Church of the Incarnation, 360 Bray Station Road, Collierville 38017, followed by a funeral service at 11 a.m. A reception will take place afterward at Ridgeway Country Club, 9800 Poplar Ave., Germantown 38139. In lieu of flowers, donations may be made to Baptist Reynolds Hospice House, Church of the Incarnation, Hope Church or Our Lady of Perpetual Help.


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