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Posted by: Azya Thornton on Jul 16, 2025

THAPAR, Circuit Judge. Louisville Metro Police Department officers searched Jennie and Saul Wright’s home. The Wrights say that the search violated their constitutional rights. So they sued the city of Louisville and “unknown” police officers under 42 U.S.C. § 1983. The district court dismissed the Wrights’ claims, as well as the claims of their great-nephews who were living with them at the time. We lack appellate jurisdiction over the nephews’ claims, but we affirm the district court’s dismissal of the Wrights’ claims.

Posted by: Azya Thornton on Jul 16, 2025

Pro se Petitioner, Asata Lowe, filed a “Petition for Delayed Appeal,” which was treated as a motion for a delayed appeal and summarily dismissed by the Blount County Circuit Court. In this appeal, Lowe argues that the post-conviction court erred when it “failed to consider whether [he] was denied ‘the right to an appeal from the original conviction’ and that the court made ‘erroneous findings of fact and legal conclusions.’” After review, we affirm the judgment of the post-conviction court.

Posted by: Azya Thornton on Jul 16, 2025

The Defendant, Tameka Hamilton, entered guilty pleas to various offenses including reckless endangerment, evading arrest, theft, identity theft, fraudulent use of a credit card, and forgery. The trial court imposed an effective sentence of eight years and placed the Defendant in a community corrections program. The Defendant subsequently violated her probation based on failure to complete the special conditions of the drug court program. In this appeal, the Defendant contends the trial court erred in ordering her to serve the remainder of her sentence in confinement. Upon review, we affirm.

Posted by: Azya Thornton on Jul 16, 2025

Petitioner, Fred Beal, was convicted of first degree premeditated murder, felony murder, attempted first degree murder, two counts of attempted especially aggravated robbery, and employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of life imprisonment plus twenty-two years. This court affirmed Petitioner’s convictions on direct appeal. Petitioner then filed a petition for post-conviction relief in which he claimed ineffective assistance of counsel, and the post-conviction court denied the petition after a hearing. In this appeal, Petitioner asserts that trial counsel was ineffective for failing to properly investigate a witness and to properly communicate with Petitioner, and that cumulative error prejudiced Petitioner. We affirm the judgment of the post-conviction court.

Posted by: Azya Thornton on Jul 16, 2025

In this unlawful detainer action, the landlord obtained judgment in the general sessions court against a tenant for failure to pay rent. The tenant, who remained in possession of the subject property, appealed the judgment to the circuit court without posting a bond for possession as required by Tennessee Code Annotated § 29-18-130(b)(2)(A). In the absence of a bond, the landlord sought immediate possession of the property. The tenant moved to proceed on appeal without a bond, arguing that the affidavit of indigency she had filed with the general sessions court sufficed in lieu of a surety bond for her appeal. The circuit court ordered the tenant to either surrender possession of the property or post a possession bond. After the tenant failed to surrender possession or post a bond, the circuit court issued a writ of possession in favor of the landlord, which the landlord executed shortly thereafter. Having regained possession of the property, the landlord filed a notice of voluntary dismissal pursuant to Tennessee Rule of Civil Procedure 41.01. The trial court accordingly entered an order dismissing the case with prejudice. The tenant has appealed the dismissal to this Court, arguing that because she had filed an affidavit of indigency in the general sessions court pursuant to Tennessee Code Annotated § 27-5-103, she should have been permitted to retain possession of the property pending resolution of her appeal to the circuit court without posting a bond. Discerning no reversible error, we affirm.

Posted by: Azya Thornton on Jul 16, 2025

In this interlocutory appeal, the employee challenges the trial court’s order compelling him to participate in a discovery deposition. At a scheduling conference, the employee asked that an expedited hearing be set; however, the employer objected to setting the hearing, citing the employee’s failure to update his written discovery responses, and it requested the opportunity to depose the employee. Following that hearing, the trial court issued an order granting the employer’s request and instructing the employee to attend a discovery deposition. The employee has appealed. Having carefully reviewed the record, we affirm the trial court’s order, find this appeal frivolous, and remand the case.

Posted by: Azya Thornton on Jul 16, 2025

R. William “Bill” Ide III, former president of the American Bar Association (ABA), died July 8. Ide served as ABA president from 1993 to 1994, was a member of the ABA Board of Governors from 1987 to 1990, and spent 12 years in the ABA House of Delegates as an assembly delegate. Most recently, he served as vice chair of the ABA Task Force for American Democracy. As president, Ide focused on strengthening judicial integrity, expanding access to legal services and reforming legal ethics. Under his leadership, the ABA launched initiatives to protect judges from political pressure and interference and promoted transparent, fair legal processes to maintain public trust in the judiciary. Ide earned his law degree from the University of Virginia School of Law.

Posted by: Stacey Shrader Joslin on Jul 16, 2025

Nashville lawyer Jefferson Cooper Orr died May 21 at the age of 64. A graduate of Cumberland School of Law, Orr began his career at Manier, Herod, Hollabaugh & Smith until co-founding Smith Cashion & Orr in 1997. He practiced there for the remainder of his career. A memorial service was held in May at Christ Presbyterian Church. Donations in Orr’s memory may be made to Christ Presbyterian Academy, 2323-A Old Hickory Blvd., Nashville, TN 37215, or Fellowship Bible Church, 1210 Franklin Rd., Brentwood, TN 37027.

Posted by: Stacey Shrader Joslin on Jul 16, 2025

A story in yesterday’s issue of TBA Today incorrectly stated that U.S. Rep. John Rose, R-Cookeville, is stepping down from his congressional seat early to run for the Republican gubernatorial nomination. Rose’s current term, like all members of the U.S. House of Representatives, runs through the end of 2026. Tennesseans will elect a new governor in November that year with the winner taking office in January 2027.

Posted by: Azya Thornton on Jul 16, 2025

Environmental groups, including the Southern Environmental Law Center and the NAACP, have filed an appeal challenging the Shelby County Health Department’s decision to grant Elon Musk’s company xAI an air emissions permit for 15 natural gas turbines in Southwest Memphis. According to the Daily Memphian, the groups argue the permit, granted July 2, violates federal law and fails to account for 35 unpermitted temporary turbines previously installed at xAI’s Colossus data center. The appeal, filed with the Shelby County Air Pollution Control Board, also contests the department’s interpretation of the federal Clean Air Act and raises concerns over the adequacy of air modeling, existing local smog conditions, and the precedent the permit sets for future turbine installations — including potential developments at xAI’s second Memphis site, Colossus 2.


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