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Posted by: Azya Thornton on Jul 15, 2025

After a bench trial, the Defendant, Alphonso Elexander, was convicted in the Rutherford County Circuit Court of aggravated burglary, misdemeanor vandalism, and possession of drug paraphernalia and received an effective six-year sentence to be served in confinement. On appeal, he claims that the evidence is insufficient to support his aggravated burglary conviction. Based upon our review, we affirm the judgments of the trial court.

Posted by: Azya Thornton on Jul 15, 2025

The trial court dismissed Appellant’s complaint with prejudice, and he appeals. Due to the deficiencies in Appellant’s brief, we do not reach the substantive issues. Appeal dismissed.

Posted by: Azya Thornton on Jul 15, 2025

This is a conservatorship action. Appellants are attorneys who prepared estate planning documents for Susan Davis Malone in 2014 and 2018. Ms. Malone’s 2018 documents included a durable power of attorney and power of attorney for healthcare (“DPOAs”) in favor of Appellants. In that 2018 healthcare DPOA, Ms. Malone appointed Appellants to serve as her conservator should the need arise. In 2021, Ms. Malone suffered a disabling healthcare event, and Appellants provided for her care pursuant to the 2018 documents. In 2022, Ms. Malone purportedly revoked the 2018 DPOAs and executed DPOAs in favor of her daughter, Appellee Lisa Malone Jackson. Appellants filed a petition to be appointed conservator; Ms. Jackson filed a counter-petition. The proceedings in the trial court initially focused on whether Ms. Malone had the capacity to revoke the 2018 DPOAs and to execute the 2022 DPOAs. During the proceedings, Appellants filed two motions to recuse the trial judge. The trial court denied both motions. On appeal, this Court affirmed. While Appellants’ second motion to recuse was pending, the trial court found good cause to hold an evidentiary hearing on the merits of the competing conservatorship petitions. Attorneys did not participate in the hearing, and the trial court appointed a neutral interim conservator. Shortly after it denied Appellants’ second motion to recuse, the trial court determined that an additional hearing was not necessary. The trial court found that the 2022 documents were valid and concluded without an evidentiary hearing that it was in Ms. Malone’s best interest to appoint Appellees to serve as co- conservators. Upon review of the record, we determine that the evidence is insufficient to support the trial court’s judgment. We vacate the judgment and remand the case for further proceedings. Additionally, we reverse the trial court’s dismissal of the guardian ad litem.

Posted by: Azya Thornton on Jul 15, 2025

This emergency conservatorship action was litigated along with an action to establish a permanent conservatorship. The trial court’s judgments in both actions have been appealed. Because the appeal in the permanent conservatorship action has resolved the issues raised in this appeal, we dismiss the appeal as moot.

Posted by: Stacey Shrader Joslin on Jul 15, 2025

California lawyer Dale Gerard Nowicki was reinstated to the practice of law in Tennessee on July 14. He had been suspended by the Tennessee Supreme Court for two years with 90 days to be served on active suspension — retroactive to Jan. 6, the date of suspension in California — and the remainder on probation. Nowicki filed a petition for reinstatement on June 6. The Board of Professional Responsibility reported that the petition for reinstatement was satisfactory. The reinstatement is conditioned on Nowicki’s continuing compliance with, and timely satisfaction of, conditions set forth by the Supreme Court of California.

Posted by: Azya Thornton on Jul 15, 2025

This appeal arises from a divorce proceeding in which the trial court adopted the wife’s marital property division and the wife’s proposed permanent parenting plan, found the husband willfully unemployed and imputed his income at $252,850.50 per year for child support purposes, and awarded the wife rehabilitative alimony, alimony in futuro, and a judgment in the amount of $43,407.50 for attorney’s fees. Husband appeals. We affirm in part and vacate in part.

Posted by: Azya Thornton on Jul 15, 2025

In this compensation appeal, the employer argues the trial court erred in awarding the surviving spouse death benefits following the decedent employee’s death. The employee’s apparent heart attack occurred while he was performing duties associated with his job as a driver for the employer. His surviving spouse sought workers’ compensation death benefits, alleging the employee died following a heart attack brought on by physical exertion and mental stressors while working. The employer denied the claim, asserting the employee’s heart attack was primarily caused by his pre-existing conditions. In awarding death benefits, the trial court relied on the expert opinion of a cardiologist retained by the claimant, and the employer has appealed. Upon careful consideration of the record and the arguments of counsel, we affirm the trial court’s decision and certify it as final.

Posted by: Stacey Shrader Joslin on Jul 15, 2025

Florida lawyer Jessica Rose Sievert was reinstated to the practice of law in Tennessee on July 7 after being on inactive status since May 20, 2015. The Board of Professional Responsibility reported that the petition for reinstatement was satisfactory and the Tennessee Supreme Court adopted the order on July 10.

Posted by: Stacey Shrader Joslin on Jul 15, 2025

State Rep. Vincent Dixie, D-Nashville, has entered the race to succeed retiring U.S. Rep. Mark Green, Axios reports. Dixie has served in the state legislature for eight years representing portions of north and northwest Davidson County. He joins fellow Democratic state Reps. Aftyn Behn and Bo Mitchell, who also have announced bids. Also in news this week, Green endorsed former Tennessee General Services Commissioner Matt Van Epps, who is running in a crowded Republican primary that still is growing. Mason Foley, who works for Main Street Health, has joined the field, according to Tennessee Lookout.

Posted by: Stacey Shrader Joslin on Jul 15, 2025

Memphis City Council member and attorney Jerri Green has announced her candidacy for Tennessee governor, the Commercial Appeal reports. Green currently is serving her first term on the council and works as deputy chief of staff for Shelby County Mayor Lee Harris. According to the paper, Green will run as a Democrat with a platform to prioritize working families, affordable health care and women's rights. Before joining the mayor’s office as legal counsel, Green worked as a public defender. Green joins U.S. Rep. John Rose, R-Cookeville, who announced his candidacy for the office in March.


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