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Posted by: Azya Thornton on Apr 1, 2025

DAVIS, Circuit Judge. Defendant Idris Quintell Wilkes pleaded guilty to being a felon in possession of a firearm. He received the mandatory minimum sentence of fifteen years’ imprisonment under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e)(1), based on the district court’s determination that his four previous cocaine-related Michigan convictions met the definition of a “serious drug offense.” We affirmed the decision of the district court in part and held the appeal in abeyance in part, retaining jurisdiction to later resolve Wilkes’s remaining ACCA-enhancement challenge in light of the Supreme Court’s grant of certiorari in Jackson v. United States, No. 22-6640 (U.S. Jan. 24, 2023), consolidated with Brown v. United States, No. 22-6389 (U.S. Aug. 29, 2022). See United States v. Wilkes, 78 F.4th 272, 278 (6th Cir. 2023). The Court has since issued its opinion in Brown v. United States, 602 U.S. 101 (2024). And applying Brown’s guidance here, we affirm the district court’s ruling.

Posted by: Azya Thornton on Apr 1, 2025

SUTTON, Chief Judge. The distinction between “salaried” and “hourly” workers under the Fair Labor Standards Act is easy to state. Salaried employees receive steady, predictable pay regardless of the number of hours they work. Hourly workers receive pay based on the number of hours they work. But sometimes the test is easier to state than to apply. Lynwood Pickens regularly worked more than 50 hours per week at $100 per hour but was guaranteed pay each week for the equivalent of 8 hours, with every subsequent hour paid hourly. His employer classified him as “salaried.” He sued. At summary judgment, the district court determined that Pickens was a salaried worker. We reverse and remand.

Posted by: Azya Thornton on Apr 1, 2025

PER CURIAM. During the summer of 2020, Adam Fox and Barry Croft, Jr. hatched an elaborate plan to kidnap Michigan’s Governor, Gretchen Whitmer. A federal jury convicted both men on all charges, and the district court sentenced Fox to 192 months’ imprisonment and Croft to 235 months’ imprisonment. On appeal, Defendants argue that there was insufficient evidence to convict them of the charges and that the district court erred by: (1) declining to conduct a “Remmer” hearing to allow questioning of an allegedly biased juror, pursuant to Remmer v. United States, 347 U.S. 227 (1954); (2) limiting the defense’s time for cross- examination of a co-conspirator; and (3) limiting the scope of the admissibility of certain government informant statements. For the reasons set forth below, we affirm.

Posted by: Azya Thornton on Apr 1, 2025

Defendant, Kenneth Street, pled guilty ot two counts of possession of a controlled substance ni exchange for two consecutive sentences of eleven months and twenty-nine days, both of which would be suspended and deferred. As part of the guilty plea agreement, the State dismissed several charges. Defendant subsequently sought to withdraw his guilty pleas pursuant to Tennessee Rule of Criminal Procedure 32. The trial court denied the request. Defendant appealed. Upon our review, we conclude that Defendant has failed to prepare a sufficient brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee Court of Criminal Appeals Rule 10(b). Accordingly, his issues are waived, and the appeal si dismissed.

Posted by: Azya Thornton on Apr 1, 2025

David Ray Conley and Wade Parks (together, “Appellants”) appeal from the order of the Cocke County Chancery Court (“trial court”) granting summary judgment to plaintiff Robert John Collins (“Appellee”). The underlying controversy is a will contest surrounding the estate of Sandra Kay Parks (“Decedent”). Appellee, Decedent’s only heir-at-law, filed a Petition for Probate Administration asserting that no will of the Decedent had been located. Appellants subsequently sought to probate a document purported to be Decedent’s Last Will and Testament. Following cross motions for summary judgment, the trial court concluded that Decedent’s proposed will had not been executed with the formalities required by Tennessee Code Annotated section 32-1-104 and granted summary judgment in favor of Appellee. Appellants timely appealed to this Court. Discerning no error, we affirm.

Posted by: Azya Thornton on Apr 1, 2025

This appeal seeks possession and ownership of real property based on claims of adverse possession. The trial court ruled in favor of the appellee. We affirm the decision of the trial court.

Posted by: Julia Wilburn on Apr 1, 2025

The Tennessee Supreme Court will hear two cases — Alan C. Cartwright v. Thomason Hendrix PC, et al. and Alice Cartwright Garner et al. v. Thomason, Hendrix, Harvey, Johnson & Mitchell PLLC, et al. — during its April 9 docket in Jackson. The two cases are related actions involving similar legal issues. The cases will be heard at the Tennessee Supreme Court, 6 US-45 Bypass, Jackson 38301, beginning at 9 a.m. CDT and livestreamed to the TNCourts YouTube page. Read more about the cases in a press release from the Administrative Office of the Courts.

Posted by: Julia Wilburn on Apr 1, 2025

The annual Robert Ballow Excellence in Writing Awards were presented to Nashville School of Law (NSL) 4L students on March 19. Six students were recognized for their performance in the Rigorous Writing Exercise (RWE) program. The RWE is a project all NSL students embark on as a requirement of graduation. Working with a volunteer mentor from the legal community, students research and write a 15-20 page paper on the topic of their choice. See the list of winners and read their work. Former TBA President and current Tennessee Bar Foundation Treasurer Jackie Dixon was named the 2024 Mentor of the Year. The honor is conferred in recognition of a mentor’s exceptional service to the program; Dixon is in her sixth year as a mentor.

Posted by: Julia Wilburn on Apr 1, 2025

The Metro Nashville School Board last week voted unanimously to rename Brick Church Middle School for the late Judge Richard H. Dinkins in time for the 2025-2026 school year. According to the board, Dinkins had a profound impact on Metro Nashville Public Schools (MNPS) as the lead attorney in a long-running school desegregation case that led to nearly three decades of court supervision of the district before he helped settle it in 1998. He later became the first Black judge on the Tennessee Court of Appeals in 2008 and served with distinction until his retirement in 2022. Dinkins died in 2023.

Posted by: Julia Wilburn on Apr 1, 2025

HB811/SB227, sponsored by Rep. Rusty Grills, R-Newbern, and Sen. Brent Taylor, R-Memphis, proposes that charitable organizations across the state, such as churches and homeless shelters, might be held accountable if an undocumented immigrant they knowingly house commits a crime. A spokesperson for the Nashville Rescue Mission told Fox17 that the bill would punish organizations and strain resources. In response, Grills said, "The intention of this bill is not to incriminate those who provide temporary housing for a homeless shelter. It's to deter criminal activity." The sponsors say they plan to add amendments to the bill for more clarity, including possibly expanding what liability entails. The Senate Judiciary Committee passed the bill last week. The House Civil Justice Subcommittee is set to consider the bill tomorrow.


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