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Posted by: Azya Thornton on Apr 23, 2026

JULIA SMITH GIBBONS, Circuit Judge. Plaintiff-Appellant Dean Koch appeals the dismissal of his complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Koch is a commercial fisherman in Erie County, Ohio, and the owner of White’s Landing Fisheries, Inc. Koch and White’s Landing, which is not a party to this appeal, brought this suit after the Ohio Department of Natural Resources (ODNR), Division of Wildlife, amended a rule to limit seine commercial fishing licensees’ ability to catch yellow perch. Koch and White’s Landing asserted claims under the Fifth Amendment’s Takings Clause, as well as breach of fiduciary duty and civil conspiracy claims, against ODNR, ODNR Director Mary Mertz and Division of Wildlife Chief Kendra Wecker in their individual and official capacities, the United States Fish and Wildlife Service (FWS), and Deb Haaland in her now-former official capacity as Secretary of the Interior. The district court dismissed with prejudice Koch’s claims against Ohio and the state officials. It dismissed his takings claims, reasoning that the Takings Clause does not protect the value of his fishing license. In the alternative, the court also concluded that sovereign immunity would bar each claim against Ohio and the state defendants, as state officials, even if the takings and state law claims did not fail on their own. The court also dismissed Koch’s state law claims because they were insufficiently pled. Finally, the district court dismissed, seemingly without prejudice, all claims against the federal defendants for defective service. We affirm in part the district court’s dismissal of Koch’s complaint based on sovereign immunity, which bars Koch’s takings and state law claims against Ohio and the state officials. Because we affirm based on the district court’s lack of subject matter jurisdiction, we reverse in part and remand with instructions for the district court to dismiss Koch’s claims without prejudice.

Posted by: Azya Thornton on Apr 23, 2026

JULIA SMITH GIBBONS, Circuit Judge. Petitioner Phillip L. Jones, an Ohio prisoner sentenced to death, appeals the district court’s denial of his petition for writ of habeas corpus. Jones makes three arguments on appeal: first, that the trial court violated his Confrontation Clause rights by allowing two witnesses to testify to out-of-court statements made by his wife; second, that his trial counsel were ineffective by not presenting testimony from a forensic expert to counter the state’s expert during the guilt phase; and third, that his counsel were ineffective during the penalty phase of trial. For the foregoing reasons, we affirm the judgment of the district court and deny Jones’s petition for writ of habeas corpus.

Posted by: Azya Thornton on Apr 23, 2026

Defendant, Dewayne Winslow, was convicted by a Knox County jury of possession of more than 0.5 grams of methamphetamine with intent to sell or deliver, possession of a firearm during a dangerous felony, failure to carry vehicle registration, and unlawful possession of a weapon. The trial court imposed an effective 17-year sentence to be served in confinement. On appeal, Defendant argues the trial court erred by denying his motion to suppress the narcotics and firearm found in his vehicle and by allowing the State to introduce Defendant’s prior drug conviction as evidence of intent. Upon review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Apr 23, 2026

The Defendant, Charlie M. Gardner, was convicted in May 1999 by a Davidson County Criminal Court jury of one count of first degree murder and two counts of reckless aggravated assault. State v. Gardner, No. M1999-02214-CCA-R3-CD, 2001 WL 306227, at *1 (Tenn. Crim. App. Mar. 30, 2001), perm. app. denied (Tenn. Oct. 1, 2001). The Defendant’s convictions were affirmed on appeal. Id. at *13. On March 11, 2025, the Defendant filed a motion to correct clerical errors in his judgments of conviction, which the trial court granted on April 11, 2025. The Defendant filed a motion for a new trial on May 12, 2025, arguing it was timely because it was filed within thirty days of the entry of his corrected judgments. The trial court summarily dismissed the Defendant’s motion for a new trial as untimely. The Defendant appeals. Discerning no error, we affirm.

Posted by: Azya Thornton on Apr 23, 2026

A defendant appeals a judgment arising out of a dispute over residential electrical work. Because the defendant did not file his notice of appeal with the Clerk of the Appellate Court within thirty days after entry of the judgment as required by Tennessee Rule of Appellate Procedure 4(a), we dismiss the appeal.

Posted by: Azya Thornton on Apr 23, 2026

In this second interlocutory appeal, the employer questions the trial court’s denial of its request for a continuance of an expedited hearing, as well as its award of medical benefits to the employee. The employee suffered multiple injuries when he fell at work. The employer provided medical treatment initially but later denied some of the recommended medical care. Following the first expedited hearing, the trial court awarded medical benefits for several conditions, including an injury to the employee’s left knee, and the employer appealed. On appeal, we reversed the trial court’s award of medical benefits for the left knee as the record did not contain sufficient evidence that the knee condition was primarily caused by the work injury. On remand, the employee filed a new request for expedited hearing, again seeking medical treatment of his left knee, which he supported with new medical evidence. The employer sought to schedule a medical examination with its own expert prior to the expedited hearing. Due to ongoing discussions between the parties’ attorneys regarding scheduling the exam, the employer filed a request for a continuance. The trial court denied the continuance on the day of the expedited hearing and issued an order awarding medical benefits. The employer has appealed. Having carefully reviewed the record, we reverse the trial court’s denial of the requested continuance and remand the case.

Posted by: Azya Thornton on Apr 23, 2026

Memphis-Shelby County School Board voted unanimously Tuesday to sue over a state takeover of the district, the Daily Memphian reports. On Wednesday, the House and Senate passed the measure, sending it to Gov. Bill Lee for his consideration. The plan would give a nine-member, state-appointed board authority over the district through at least 2030, potentially reshaping how Memphis’ approximately 100,000 students are educated, how schools are governed and how roughly $1.7 billion in annual local, state and federal education funding is allocated. The school board argues the measure is unconstitutional and grants “unprecedented authority” over the system. It also directed general counsel Justin Bailey to retain outside counsel. Rep. Mark White, R-Memphis, who sponsored the legislation and spoke prior to its passage, said that the measure is not targeted at any particular district.

Posted by: Azya Thornton on Apr 23, 2026

A record percentage of U.S. law school students landed legal jobs soon after graduating in 2025, according to new American Bar Association (ABA) data, despite reduced hiring for government and public interest jobs, Reuters reports. The percentage of 2025 law degree graduates who landed ‌jobs requiring bar admission within 10 months of leaving campus ticked up one percent from 2024, which also was a record year, to 83%. In total, 31,743 of the 2025 graduates from the 195 ABA-approved or provisionally approved law schools were employed in such roles as of March 16 of this year. The data also ranks employment success by law school with Vanderbilt University Law School coming in at third place behind Cornell Law School and Duke University School of Law. ABA officials noted that reporting changes this year include certain law school-funded positions in the totals, affecting year-over-year comparisons.

Posted by: Azya Thornton on Apr 23, 2026

The Red Bank City Commission has appointed attorney Bryan Hoss to serve as city judge until a special election on Aug. 6 to fill the remainder of Judge Johnny Houston’s term following his medical disability, Chattanoogan.com reports. Hoss, who had been serving in an interim capacity, said he has picked up qualifying papers and plans to run in the election. Hoss has more than 20 years of legal experience, including work in criminal defense, civil litigation and appellate advocacy. He is a graduate of the McCallie School and the University of Memphis Cecil C. Humphreys School of Law.

Posted by: Azya Thornton on Apr 23, 2026

The Kingsport Board of Mayor and Aldermen unanimously approved a recommendation Tuesday to name the courthouse at the Kingsport/Sullivan County Justice Center in honor of the late Judge John S. McLellan III, who died Feb. 11 at the age of 80. A graduate of the University of Tennessee (now Winston) College of Law, McLellan practiced for 24 years as a general practitioner and served as the Sullivan County attorney, city attorney for Mt. Carmel and judge of the Kingsport City Juvenile Court. In 1994, Gov. Ned Ray McWherter appointed him to the 2nd Judicial District Circuit Court, where he served for 30 years. McLellan served as director of the Tennessee Trial Judges Association from 1996-1997 and joined the Court of the Judiciary in 1999. In 2004, his fellow judges elected him president of the Tennessee Judicial Conference. The TimesNews reports that the $14.4 million justice center expansion is expected to modernize court and police facilities and improve safety and accessibility for staff and the public.


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