Tennessee Attorney General Jonathan Skrmetti, along with four other state attorneys general, are speaking out against the proposed SCORE (Student Compensation and Opportunity through Rights and Endorsements) Act. The group argues the bill gives too much power to the NCAA and risks undermining athlete compensation progress. According to WBIR, the bill would establish a federal standard for name, image and likeness (NIL), create regulations for agents who represent college athletes, prevent schools from revoking scholarships for injuries or performance, require schools to provide academic and medical support for athletes who leave the school, and put restrictions on the use of student fees for athletics. The lawyers agree with the bill authors that the NCAA has not done enough to "fully ensure fair treatment for student-athletes" but say this response is misguided. Read more in the release from the AG's office.

A grand jury in Montgomery County, Ohio, indicted Mark Hartman for three counts of rape that occurred during a late-night sexual encounter. After a bench trial, a state judge convicted him of all three counts. Hartman now petitions for habeas Nos. 23-3309/3365 Hartman v. Yost Page 2 relief under 28 U.S.C. § 2254, alleging that his two trial counsel provided constitutionally ineffective assistance by improperly cross-examining witnesses during the trial. He also alleges his counsel provided ineffective assistance by misstating material facts about bench and jury trials and inducing him to waive his right to a jury. Ohio courts rejected his claims on the merits. Hartman argues that the state courts unreasonably applied Strickland v. Washington when they did so. Those state-court decisions were not unreasonable. The district court erred by granting Hartman relief on his cross-examination claim. But the court properly denied relief on Hartman’s jury-waiver claim. We REVERSE the district court’s grant of a habeas writ on Hartman’s cross-examination claim, AFFIRM the district court’s denial of relief on his jurywaiver claim, and REMAND with instructions to deny Hartman’s petition for a writ of habeas corpus.1

Following a trial, a Weakley County jury found Defendant, Antwon Dejuan Wiley, guilty of aggravated robbery and theft under $1,000, for which the trial court sentenced him to a total effective sentence of fifteen years’ incarceration. On appeal, Defendant contends that the evidence is insufficient to support his conviction for aggravated robbery and that the trial court should have merged his conviction for theft under $1,000 with the aggravated robbery conviction based upon double jeopardy principles. Following a thorough review, we affirm Defendant’s convictions and sentences but remand for the merger of his conviction for theft under $1,000 into his aggravated robbery conviction and entry of amended judgments reflecting the merger.

The Petitioner, David Anthony Avery, acting pro se, appeals from the summary dismissal of his third motion pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure seeking correction of his sentence. As grounds, the Petitioner asserts his sentence is illegal because attempted murder, a crime which he was convicted of, does not exist in Tennessee. Because the Petitioner’s motion failed to state a colorable claim for relief, we affirm the judgment of the trial court.

Petitioner Derrick Darnell Moore and Co-Petitioner Demichael Tyrone Moore1 were jointly tried and convicted of first degree murder, among other offenses, for which they were each sentenced to an effective term of life imprisonment. Thereafter, they filed separate petitions for post-conviction relief, alleging that they were denied the effective assistance of counsel at trial. Specifically, the Petitioners raised three shared claims, arguing that their respective trial lawyers (1) failed to call key witnesses to testify; (2) failed to seek suppression of cell phone data; and (3) failed to raise or preserve an objection to hearsay for the later appeal. In addition to these shared claims, Petitioner Derrick Moore presented two individual grounds for relief, contending that the post-conviction court erred in denying his claims that his lawyer (1) failed to effectively communicate and investigate the case; and (2) failed to fulfill promises made during opening statements. Co-Petitioner Demichael Moore raised one additional individual claim, asserting that his lawyer was ineffective in failing to object to testimony regarding his history of incarceration. Finally, both Petitioners asserted that the cumulative prejudicial effect of these alleged deficiencies entitled them to post-conviction relief. After a hearing, the post-conviction court denied relief, and the Petitioners appealed. Upon our review, we respectfully affirm the judgments of the post-conviction court.

After slipping and falling on accumulated snow and ice at a restaurant, a man filed a premises liability lawsuit against the owner of the restaurant. The trial court granted summary judgment to the owner based on its finding that the owner owed no duty to protect the man from accumulated snow and ice because the incident occurred during an ongoing winter storm. Discerning no error, we affirm the trial court’s decision.

Columbia Mayor Chaz Molder told the Tennessee Lookout this week that he is “strongly considering” entering the 5th Congressional District race as a Democrat, potentially setting up a 2026 race against incumbent Republican U.S. Rep. Andy Ogles. According to the Nashville Post, Molder announced yesterday that he would not seek a third term as mayor. If he runs, Molder could face three others in a party primary. Nashville Metro Council member Mike Cortese, adjunct professor Joyce Neal and health care executive Jim Torino have expressed interest in running. Molder, who practiced law in Columbia before becoming mayor in 2018, is a graduate of the University of Memphis Cecil C. Humphreys School of Law. As a new lawyer he was active in the TBA Young Lawyers Division.

Robert A. Martin (“Father”) and Donna Saas (“Daughter”) (collectively “Plaintiffs”) filed a petition in the Chancery Court for Cumberland County (“the Trial Court”), seeking the removal of Robert E. Martin (“Son”) as trustee of the Martin Irrevocable Trust (“the Trust”) and making claims of breach of fiduciary duty and conversion of assets against Son and his wife, Karen Martin (“Son’s Wife”) (collectively, with Son, “Defendants”). The Trial Court struck Defendants’ defenses and denials in their answer given their failure to provide an accounting of the Trust’s assets despite the Trial Court’s orders to do so. After a hearing on damages, the Trial Court awarded Daughter half of the asset that was supposed to have been put in the Trust, half of the funds that Son had converted from Father’s accounts, attorney’s fees, punitive damages, and lost wages. Defendants appeal. Discerning no reversible error, we affirm.

The Federal Bureau of Investigation (FBI) recently settled a suit brought by the Wisconsin Institute for Law & Liberty (WILL) on behalf of its clients, the Star News and journalist Matt Kittle of The Federalist. WILL had sued the bureau in April after it denied a Freedom of Information Act (FOIA) request for access to the writings of the individual who shot and killed six at Nashville’s Covenant School. As part of the agreement, the FBI released 120 pages of the shooter’s “manifesto” and agreed to pay WILL more than $86,000 in legal fees. Star News Digital Media owns and operates a number of state-focused news sites, including The Tennessee Star. Read more in a news release from the institute.

The TBA wants to hear from its Business Law Section members! The section executive council is beginning to plan the CLE offerings for this bar year, so please let us know what you want to hear about or who you want to hear from. Please complete this simple anonymous form to submit your innovative ideas.