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Posted by: Azya Thornton on Jun 23, 2025

The Defendant, Parvel Gudger, was convicted by a Cocke County jury of aggravated sexual battery, continuous sexual abuse of a child,' rape of a child, and incest, for which he received an effective sentence of fifty-two years' incarceration. On appeal, the Defendant argues that (1) the trial court erred in denying his motion to suppress his confession, (2) the trial court erred in admitting a recording of the victim's forensic interview, (3) the evidence adduced at trial was insufficient to sustain his convictions, and (4) his sentence is excessive. We ordered supplemental briefing to address whether the State's elections of offenses were sufficient to protect the Defendant's right to a unanimous jury verdict for the charges of rape of a child and incest. Following our review, we conclude that the State failed to elect an offense as to the rape of a child and incest charges and that this failure resulted ni plain error. Accordingly, we reverse the Defendant's convictions for rape of a child and incest and remand for a new trial on those charges. We otherwise affirm the judgments of the trial court.

Posted by: Azya Thornton on Jun 23, 2025

This appeal concerns subject matter jurisdiction. Saad Al Qaragholi (“Petitioner”) filed a petition against the Commissioner of Revenue for the State of Tennessee (“Respondent”) in the Chancery Court for Davidson County (“the Trial Court”) challenging tax assessments against him. Petitioner opted not to pay the tax before proceeding with his challenge. However, Petitioner failed to timely sign his petition under penalty of perjury as required by Tenn. Code Ann. § 67-1-1801(b)(2). Respondent filed a motion to dismiss, arguing that the oath requirement was jurisdictional and could not be corrected after the 90 days in which to file a petition expired. The Trial Court denied Respondent’s motion to dismiss and granted Petitioner leave to amend, citing the legal principle that leave to amend is freely granted. This interlocutory appeal, pursuant to Tennessee Rule of Appellate Procedure 9, followed. We reverse.

Posted by: Azya Thornton on Jun 23, 2025

Appellants fail to identify an error of fact or law for our review, and their brief fails to comply with Rule 27 of the Tennessee Rules of Appellate Procedure. Therefore, the appeal is dismissed. Appellee’s request for damages for a frivolous appeal is granted.

Posted by: Azya Thornton on Jun 23, 2025

June 16, 2025 - June 20, 2025.

Posted by: Azya Thornton on Jun 23, 2025

In a 5-4 decision last week, the U.S. Supreme Court ruled that a Michigan prisoner is entitled to a jury trial on claims that a corrections officer interfered with his ability to file grievances, a move that could expand access to jury trials in prison litigation cases according to Bloomberg Law. The court sided with inmate Kyle Richards, who alleged that a corrections officer destroyed his sexual harassment complaints, preventing him from exhausting administrative remedies required under the Prison Litigation Reform Act. The majority wrote that the exhaustion issue is so intertwined with the merits of Richards’ claim that it falls under the protections of the Seventh Amendment right to a jury trial. Roberts was joined by four other justices. Justice Amy Coney Barrett filed a dissent joined by Justices Samuel Alito, Brett Kavanaugh and Clarence Thomas.

Posted by: Azya Thornton on Jun 23, 2025

The Shelby County Division of Corrections and the mayor's office will take over operations of the Youth Justice and Education Center, where children charged with crimes are detained, by October. In a press release last week, the mayor's office confirmed the change and announced the appointment of Reese Walker to oversee the center on an interim basis. The Commercial Appeal reports that Walker has worked in corrections for 28 years, previously serving as administrator of program services at the Shelby County Division of Corrections. The move comes more than six months after the plan to transfer oversight from the Shelby County Sheriff's Office was announced. Months after the facility opened, the sheriff's office said it could no longer operate the center.

Posted by: Azya Thornton on Jun 23, 2025

The Metro Nashville Police Department released findings on Friday from a cold case investigation into three unsolved civil rights bombings that occurred in Nashville between 1957 and 1960. Launched at the request of Mayor Freddie O’Connell after reading Betsy Phillips’ 2024 book Dynamite Nashville, the investigation focused on bombings at Hattie Cotton Elementary School, the Jewish Community Center and the home of civil rights attorney J. Alexander Looby. According to WSMV 4, detectives found no living individuals directly connected to the crimes but uncovered a decades-old fire marshal report linking stolen dynamite from a Clarksville business to the Looby bombing. Detectives cited limited records, lack of physical evidence and the age or death of possible witnesses as major obstacles in piecing together what happened in the cases. While the cases remain open, they will be considered inactive unless new, actionable information emerges.

Posted by: Azya Thornton on Jun 23, 2025

Those who cannot afford law school tuition could end up paying more for their degrees — or be shut out altogether — under a proposed congressional cap on student loan borrowing, Reuters reports. The budget reconciliation bill, passed by the U.S. House in May and now under consideration in the Senate, includes proposed annual loan caps ranging from $50,000 to $77,000, with aggregate limits between $150,000 and $200,000 for professional degrees. The Senate proposal differs slightly. Under the current federal loan system, students may borrow the full cost of tuition and living expenses at fixed interest rates. Under the proposed changes, students who reach the cap would need to seek private loans to cover additional costs. The cap would apply to all professional degree programs, with students in high-cost fields such as law and medicine expected to be most affected. Law students on average borrowed $146,800 in 2020, according to the most recent data from AccessLex Institute. It was the second highest amount borrowed. Only those pursuing medical degree programs borrowed more.

Posted by: Azya Thornton on Jun 23, 2025

Knoxville attorney Douglas Jackson Yaggi died June 17 at age 71. Yaggi earned a degree in political science from the University of Tennessee before receiving his law degree from Duke University School of Law in 1978. He began his legal career as a law clerk for Knoxville attorney J.D. Lee and later held various positions in Washington, D.C., and Denver, Colorado. He eventually returned to Knoxville, where he worked at Sam’s Club and the University of Tennessee. A private graveside service will be held at Anderson Memorial Gardens at a date to be determined. Donations in his memory may be made here to one or more of three charities: Breast Cancer Research Foundation, St. Jude Children's Research Hospital or Wounded Warrior Project.

Posted by: Azya Thornton on Jun 23, 2025

A federal magistrate judge has ordered Kilmar Abrego Garcia to be released ahead of his federal trial in Nashville. On Sunday, Judge Barbara Holmes made the ruling public, stating, “Overall, the Court cannot find from the evidence presented that Abrego’s release clearly and convincingly poses an irremediable danger to other persons or to the community.” According to The Tennessean, prosecutors quickly filed a motion to stay the release order, saying that Garcia could face immediate deportation and might not be present for trial if the order stands. Garcia is currently subject to an Immigration and Customs Enforcement (ICE) hold, meaning he could be detained by ICE upon release. Holmes noted that the Department of Justice and the Department of Homeland Security must determine whether the government’s priority is to pursue criminal charges or proceed with deportation. No trial date has been set, but a hearing is scheduled for Wednesday in Nashville to review the conditions of Garcia’s release and address any outstanding issues. Garcia appeared at the U.S. District Court for the Middle District of Tennessee June 13 and pleaded not guilty to human smuggling charges stemming from a 2022 traffic stop in Tennessee.


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