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Posted by: Stacey Shrader Joslin on Jun 26, 2025

The U.S. Senate Judiciary Committee voted along party lines to advance to the full Senate President Trump's nomination of Whitney Hermandorfer to the 6th Circuit Court of Appeals. During the committee hearing earlier this month, Hermandorfer faced questions about her experience and the president’s interpretation of the birthright citizenship issue but won praise from Tennessee's congressional delegation and state Attorney General Jonathan Skrmetti. Most recently serving as director of the Strategic Litigation Unit in Skrmetti’s office, Hermandorfer would replace Judge Jane Branstetter Stranch if confirmed. The committee also approved four other trial court nominees today, the first of Trump’s second term. Reuters has more on the action.

Posted by: Azya Thornton on Jun 26, 2025

KETHLEDGE, Circuit Judge. The defendants here were leading figures in a company called Infinity 2 Global, which the FBI later concluded was a pyramid scheme. The company extracted some $34 million from investors who paid to join the scheme, nearly all of whom lost money. After a 25-day trial, a jury convicted Richard Maike, Doyce Barnes, and Faraday Hosseinipour of both conspiracy to commit mail fraud and conspiracy to commit securities fraud. These defendants now offer some three dozen reasons to reverse their convictions. We reject all their arguments and affirm.

Posted by: Azya Thornton on Jun 26, 2025

The Defendant, Verdell L. Williams, Jr., was convicted in a Davidson County Criminal Court bench trial of four counts of aggravated robbery, one count of aggravated assault, and one count of attempted aggravated robbery. The sole issue he raises on appeal is whether the evidence was sufficient to establish his identity as one of the perpetrators of the crimes. Based on our review, we affirm the judgments of the trial court.

Posted by: Azya Thornton on Jun 26, 2025

Defendant, Jonathan Smith, appeals the trial court’s summary denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. After review, we affirm the judgment of the trial court.

Posted by: Stacey Shrader Joslin on Jun 26, 2025

On June 25, Davidson County lawyer Robert Greene received a public censure from the Tennessee Supreme Court. While representing clients in defense of a lawsuit, Greene made an error in calendaring the trial date, which led him and his clients to not appear for trial and the court to enter a default judgment. The Supreme Court found that Greene was not forthright in subsequent communications with the clients about the trial date was missed. He then filed a motion to set aside the default judgment. The court found that the motion was frivolous as it was untimely filed and did not recite any legal authorities to support tolling of the statutory deadline. In an affidavit, Greene falsely claimed that the trial date was missed due to confusion with opposing counsel. He later filed a motion to withdraw that falsely claimed the clients had failed to provide certain documentation. He then paid a significant portion of the judgment out of personal funds, without prior notice or consent from his clients. These actions were determined to violate Rules of Professional Conduct 1.1, 1.2(a), 1.3, 1.4, 1.8(e), 1.16(d), 3.1, 3.3(a)(1) and 8.4.

Posted by: Azya Thornton on Jun 26, 2025

Defendant, Lorenzo Romell Brown, was convicted by a Warren County jury of attempted voluntary manslaughter, two counts of aggravated assault, and possession of a firearm by a convicted felon. The trial court imposed an effective twenty-year sentence. Defendant appeals, arguing that the State failed to prove that venue was proper in Warren County, his convictions for aggravated assault must be merged, and the trial court erred in imposing partial consecutive sentences. Following our review of the entire record, briefs and oral arguments of the parties, and the applicable law, we affirm the trial court’s judgments of conviction but remand for a new sentencing hearing and for merger of Defendant’s aggravated assault convictions.

Posted by: Azya Thornton on Jun 26, 2025

To facilitate the sale of two closely held companies, an employee signed a restrictive covenant agreement containing a release provision. After the sale, the employee filed suit against the buyer, the seller, and others involved in the sale, alleging that he had been defrauded out of his ownership interest in the companies. Later, the employee dismissed the corporate defendants and filed an amended complaint reasserting claims against his alleged former co-owners for intentional misrepresentation, fraudulent concealment, and breach of fiduciary duty in connection with the sale. The defendants moved to dismiss the complaint based on the release provision. Concluding that the language of the release was broad enough to encompass the claims in the amended complaint, the court granted the motion to dismiss. We affirm.

Posted by: Stacey Shrader Joslin on Jun 26, 2025

On June 26, the Tennessee Supreme Court suspended Samuel Ervin White from the practice of law for five years, with two years to be served on active suspension and the remainder on probation. The court also ordered White to pay restitution to clients and engage a practice monitor. Complaints against White alleged that he failed to reasonably communicate with his clients, act in a diligent manner, expedite client litigation, timely respond to discovery requests and withdraw from representation following suspension. He also was accused of charging non-refundable fees, comingling client assets and misappropriating client funds. He agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.16, 3.2, 3.4(c), 4.1 and 8.4(a)(d).

Posted by: Julia Wilburn on Jun 26, 2025

Several new state laws will take effect on July 1 that cover public safety, youth protections, health care, consumer rights and transportation, with several designed to address evolving concerns around substance abuse, road safety and emerging technologies. House Bill 995 expands Tennessee’s good Samaritan Law to offer legal immunity from certain alcohol-related misdemeanors — including underage drinking and public intoxication — for those who call 911 or assist someone in need. House Bill 72 imposes mandatory jail time and fines on anyone convicted of selling hemp-derived cannabinoid products — like THC gummies — to individuals under 21. Similarly, House Bill 751 increases penalties for exposing children to fentanyl, creating a felony offense for endangering a child in such a way. If the child is younger than 8 years old, the offense is upgraded to a Class B felony. The Tennessee Ledger looks at all the upcoming changes.

Posted by: Stacey Shrader Joslin on Jun 26, 2025

The U.S. Senate parliamentarian has rejected several provisions in the tax and spending package recently passed by the U.S. House of Representatives, finding that the language violates the Byrd Rule, which prohibits non-budgetary provisions in reconciliation bills. Among the provisions flagged was one some believe could weaken the power of U.S. judges to enforce contempt when the government defies court orders. Other provisions targeted include language giving states authority to conduct border security and immigration enforcement and barring noncitizens or permanent residents from receiving federal nutrition benefits. Republican leadership may choose to strip these or others from the bill. If left in, any senator may object to their inclusion on the Senate floor. Overcoming such a challenge would take a three-fifths vote of the body, or 60 votes. By contrast, the parliamentarian ruled that a provision prohibiting states from regulating artificial intelligence (AI) did pass muster. Sen. Marsha Blackburn, Tennessee’s senior senator, has been working to remove that language from the bill, The Tennessee Journal reports. Learn more about all elements of the parliamentarian’s ruling from The Hill and about the Byrd Rule from the Center on Budget and Policy Priorities.


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