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Posted by: Azya Thornton on Jul 21, 2025

Clarence Hayes, Petitioner, appeals the dismissal of his habeas petition in which he argued his judgment was void because the person for whose actions he was held criminally responsible was never convicted of murder. After the dismissal of the Petition, Petitioner filed a motion to reconsider and a motion for clarification and reconsideration. The habeas corpus court denied both motions and Petitioner filed an untimely notice of appeal. Because the interest of justice does not warrant the timely filing of the notice of appeal, Petitioner’s appeal is dismissed.

Posted by: Azya Thornton on Jul 21, 2025

The Defendant, Michael Green a/k/a Michael Cheairs, appeals his Madison County Circuit Court jury conviction of violating the sex offender registry requirements, see Tenn. Code Ann. § 40-39-208, arguing that the admission of and testimony about the violation report by someone other than the officer who prepared it violated the Confrontation Clause and that the error was not harmless beyond a reasonable doubt because the report was the only evidence supporting his conviction. The State argues that the Defendant waived plenary review of the issue, and that he is not entitled to relief via plain error review. Upon review, we conclude that the Defendant properly preserved the issue below and agree that the admission of the violation report via a substitute witness violated the Confrontation Clause. The error was not harmless beyond a reasonable doubt because the inadmissible statements in the report were the primary evidence of the Defendant’s guilt. Accordingly, we reverse the Defendant’s conviction and remand the case to the trial court for further proceedings consistent with this opinion.

Posted by: Azya Thornton on Jul 21, 2025

A Tennessee residential homebuilder alleged that a Floridian general contractor and its principal fraudulently disguised the painting of fencing at the principal’s personal residence as a legitimate business expense on a fraudulent invoice submitted to and paid by the Tennessee company. The company brought a tort suit in Tennessee. The trial court granted the Defendants’ motion to dismiss for lack of personal jurisdiction. We conclude that the homebuilder’s allegations and the Defendants’ contacts with Tennessee are sufficient for specific personal jurisdiction, and that exercising personal jurisdiction would not violate the Due Process Clause. Accordingly, we reverse.

Posted by: Azya Thornton on Jul 21, 2025

July 14, 2025 - July 18, 2025.

Posted by: Azya Thornton on Jul 21, 2025

The TBA will host a replay of the webcast “Making ‘Difficult Communications' Less Difficult: Best Practices and Strategies for Success” on July 24 from noon to 1 p.m. CDT. The presentation explores five barriers to healthy communication, unconscious biases and common communication mistakes made by attorneys and employers. It also offers practical strategies to build workplace relationships, improve communication skills and implement de-escalation techniques. For more information and to register, visit the TBA website. 

Posted by: Azya Thornton on Jul 21, 2025

The federal trial for Shelby County Commissioner Edmund Ford Jr. — who has been accused of involvement in a county grant scheme — is now scheduled for January 2026.  Commissioner Lynn Crum, who is representing the government in the case, said the trial is expected to last two weeks. According to The Commercial Appeal, Ford’s attorney said in court Tuesday that there is still “lots to go through” in the discovery process. The government turned over thousands of pages of evidence and hundreds of gigabytes of data in March. Ford, who was federally charged with bribery and tax evasion, was placed on leave from his job with the city of Memphis in March.

Posted by: Azya Thornton on Jul 21, 2025

The state of Tennessee agreed to permanently remove a woman from the sex offender registry months after a judge found she had been “falsely labeled as a sex offender.” But state officials included a stipulation in the agreement forbidding her and her attorneys from discussing the agreement and her lawsuit with the media, The Tennessean reports. They also are barred from speaking to lawyers involved in “sex offender litigation.” That limitation could be unconstitutional, according to a First Amendment lawyer. The woman, who is not named, was threatened that a drug dealer would kill her son if she did not join him in kidnapping his own son. Police said the man ordered her and another woman also to provide sexual services. After six months in jail, the woman pleaded guilty to the federal charge of aiding and abetting kidnapping. After release from prison, the Tennessee Bureau of Investigation’s (TBI) general counsel decided to place her on the state's sex offender registry. She sued the TBI in 2023, and a federal judge ordered her removed from the registry while her lawsuit was ongoing. The state has now settled the suit.

Posted by: Stacey Shrader Joslin on Jul 21, 2025

The next legal clinic for veterans in Knoxville will take place Aug. 13 from 12-2 p.m. EDT at the Knox County Public Defender's Community Law Office, 1101 Liberty St., Knoxville 37919. This is a general advice clinic sponsored by the Knoxville Bar Association, KBA Barristers, Legal Aid of East Tennessee, Lincoln Memorial University Duncan School of Law, the University of Tennessee College of Law, the Knox County Public Defender’s Community Law Office and the local Veterans Affairs office. Attorneys and law students are needed for the in-person clinic. Attorneys also may sign up to help clients by phone during the clinic hours. Sign up to volunteer here.

Posted by: Azya Thornton on Jul 21, 2025

A federal judge has permanently blocked a portion of a Tennessee law passed last year that makes it a felony to intentionally recruit, harbor or transport a pregnant minor for an abortion without parental consent. The ruling stems from a June 2024 lawsuit filed by Rep. Aftyn Behn, D-Nashville, and a Nashville family law attorney who raised concerns over the portion of the law that criminalized anyone who “recruits” a minor for an abortion, calling the language unconstitutional and vague. The term “recruit” is not defined in state code, which opponents argue could violate the First Amendment. Senior 6th Circuit Court of Appeals Judge Julia Gibbons, sitting as a district judge by designation, appeared to agree with those concerns, stating that “Tennessee cannot criminalize ‘disseminating information about an activity that is legal in another state.’” The Tennessean has more on the story. U.S. District Court Judge Aleta Trauger in September 2024 temporarily blocked enforcement of the same recruitment provision, citing nearly identical concerns.

Posted by: Stacey Shrader Joslin on Jul 21, 2025

Carter County lawyer Carl Allen Roberts Jr. received a censure from the Tennessee Supreme Court on July 21 for violating Rules of Professional Conduct 1.3, 1.4, 1.15, 1.16, 3.2 and 8.4(dg). The court found that Roberts informed a client in writing that he would file a petition for contempt against the opposing party, but failed to respond to eight communications from the client; received a cash retainer from a client but took the cash to his home for 39 days before returning it to the firm’s trust account; and failed to appear at a scheduled mediation without notice to his client, the mediator or opposing counsel.


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