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Posted by: Azya Thornton on Apr 23, 2025

Gary Rollins, Defendant, was charged with one count of rape of a child and two counts of aggravated sexual battery ni September of 2020. At hte conclusion of the first trial, the jury found Defendant not guilty of rape of a child but could not reach a verdict on the lesser-included offenses of rape of a child. The jury could not reach a verdict on either count of aggravated sexual battery. The trial court granted a mistrial for the remaining lesser-included offenses of rape of a child and the two counts of aggravated sexual battery. In a second trial on the same presentment, Defendant was again tried for rape of a child. The jury found Defendant guilty of rape of a child and two counts of aggravated sexual battery. At sentencing, Defendant challenged the rape of a child conviction for the first time on the basis that it violated double jeopardy. The trial court agreed, entering a judgment for the lesser-included ofense of atempted rape of a child. The trial court sentenced Defendant ot twenty years for the attempted rape of a child conviction and fifteen years for each aggravated sexual battery conviction. The trial court ordered the sentences to run consecutively, for a total effective sentence of fifty years. On appeal, Defendant argues that the trial court abused its discretion by allowing the State to introduce evidence of a prior bad act ni violation of Tennessee Rule of Evidence 404(b), that his second trial for rape of a child violated his right against double jeopardy, and that the trial court had no authority to modify the conviction on the jeopardy-barred offense to attempted rape of a child. Because the Defendant failed to demonstrate a reasonable probability that he would not have been convicted of the attempted rape of a child absent the presence of the charge of rape of a child and because the trial court did not abuse its direction by allowing the State ot introduce evidence of a prior bad act, we affirm the convictions.

Posted by: Azya Thornton on Apr 23, 2025

In this divorce, the trial court sanctioned Husband for failing to participate in discovery. After a final hearing at which Husband failed to appear, the trial court entered a final decree of divorce that awarded Wife monetary judgments and alimony, divided the marital property, adopted Wife’s proposed parenting plan, and set child support. Husband filed a motion to set aside, alter, or amend the final decree, which the trial court denied. On appeal, Husband challenges the sanctions and complains that the trial court failed to consider the statutory best interest factors when fashioning the permanent parenting plan. Although the trial court’s factual findings concerning the children’s best interest are deficient, we can “soldier on” by conducting a de novo review of the record to determine where the preponderance of the evidence lies. After that review, we affirm.

Posted by: Azya Thornton on Apr 23, 2025

Following mediation, family members signed a settlement agreement resolving their business dispute. One party then sought to withdraw from the agreement. The trial court determined that the party’s ability to withdraw was limited and ordered him to close on the transactions contemplated by the agreement. Because we conclude that the settlement agreement’s language was ambiguous, we vacate and remand for an evidentiary hearing.

Posted by: Azya Thornton on Apr 23, 2025

This appeal arises from an order requiring a petitioner to pay a filing fee or face dismissal of his case. Because the order is not final, we lack subject matter jurisdiction and must dismiss the appeal.

Posted by: Azya Thornton & Berkley Schwarz on Apr 23, 2025

The Tennessee General Assembly adjourned its 114th session yesterday, following the passage of a $59.8 billion state budget that received bipartisan support, including reallocating approximately $180 million of funding from Gov. Bill Lee’s proposed budget amendment in order to fulfill their own legislative priorities.

The budget for Fiscal Year 2025-2026 that passed the General Assembly included $78 million for TennCare, $4.5 million to expand staffing and raise salaries within the attorney general’s office, and $37.5 million to replace the Tennessee College of Applied Technology (TCAT) campus in Robertson County. The budget also committed an additional $35.6 million to the Rainy Day Fund and $597 million in disaster-related expenditures, including funds for Hurricane Helene relief and local Federal Emergency Management Agency (FEMA) match requirements. Lawmakers also established a $42.5 million grant pool to support essential community organizations and services such as volunteer fire departments, EMS providers, senior centers, museums and the Second Harvest Food Bank.

The final budget preserved key initiatives from the governor’s original proposal, including $17 million to overhaul the state’s Indigent Representation Program, $1 billion for transportation infrastructure, $62.7 million for K–12 facility upgrades and $25 million in grants to attract new businesses and grow the state’s workforce, and $145.9 million in Education Freedom Scholarships. A controversial proposal that would have allowed Tennessee school districts to deny enrollment or charge tuition to noncitizen students has stalled for the year. HB793/SB836, which sought to challenge the landmark 1982 Supreme Court ruling Plyler v. Doe — guaranteeing all children access to free public education regardless of immigration status — was paused after lawmakers raised concerns about possible violations of federal law and financial consequences. Additionally, legislation seeking to implement a takeover of the Memphis-Shelby County School Board will be taken up next year, as House and Senate leadership could not reach an agreement on the bill.

Gov. Bill Lee thanked the General Assembly “for its partnership and continued commitment to responsible fiscal stewardship and innovation to improve the lives of the people we serve.”

Posted by: Azya Thornton on Apr 23, 2025

Some Hamilton County residents are expected to be selected as sequestered jurors for the trial of three former officers accused of second-degree murder in the 2023 death of Tyre Nichols. About 150 people were seated for possible selection Wednesday morning in the lobby of the Hamilton County Courthouse, the Times Free Press reports. Those selected for jury service will begin their duties Sunday, and the trial is expected to last about two weeks. Former Memphis Police Department officers Tadarrius Bean, Demetrius Haley and Justin Smith are set to stand trial starting Monday in connection with the beating death of Nichols.

Posted by: Azya Thornton on Apr 23, 2025

The winners of the seventh annual Chattanooga Civics Essay Contest will be honored at a ceremony May 1 at 5 p.m. EDT at the Joel W. Solomon U.S. Courthouse in Chattanooga. This year’s divisional winners are Emma Hornsby, first place; Eliza Perryman, second place; and Victoria Matthews, third place. Each will receive cash prizes. Open to public, private and homeschool students across 17 East Tennessee counties, the contest is co-sponsored by the court’s Civics and Outreach Subcommittee and the Chattanooga Chapter of the Federal Bar Association. The 2025 prompt asked students to explore what factors courts should consider when determining whether a police officer’s use of deadly force was reasonable under the 14th Amendment.

Posted by: Azya Thornton on Apr 23, 2025

The TBA’s Elder Law Forum 2025 will be held July 25 at Belmont University College of Law’s Randall & Sadie Baskin Center in Nashville. The event offers a premier opportunity for elder care professionals across the state to connect and learn. This year’s forum will cover key topics such as undue influence, Medicaid/TennCare, VA benefits, ethics and more. More details will be available soon on the TBA website, where attendees can also register.

Posted by: Azya Thornton on Apr 23, 2025

Local governments, nonprofits and businesses in 14 East Tennessee counties can now apply for a share of the $100 million available from the state to help those affected by the remnants of Hurricane Helene, according to WBIR. The legislature created the Governor's Response and Recovery Fund in January during a special session at Gov. Bill Lee's request. The fund is intended to address local disaster needs, including those caused by Helene in late September. The deadline to apply is May 31. For more information, visit the Tennessee Emergency Management website.

Posted by: Azya Thornton on Apr 23, 2025

Two Texas men have been convicted of wire fraud, bank fraud and money laundering in connection with a 2022 phishing scam that cost the City of Memphis $773,695.45, according to the Daily Memphian. The scam involved impersonating a local construction company with an active city contract, submitting fraudulent invoices that were subsequently paid by the city. The case was part of a broader criminal conspiracy investigated by the FBI. “The FBI and our partners are committed to holding accountable those who seek to line their own pockets through business email compromise, romance and money laundering schemes,” said Special Agent in Charge Joseph E. Carrico of the FBI's Nashville Field Office.


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