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Posted by: Stacey Shrader Joslin on May 1, 2024

The American Bar Association (ABA) has won its bid to toss a proposed class action over a 2023 data breach that exposed the personal information of about 1.5 million lawyers and others. Reuters reports that a New York federal judge granted the group's motion to dismiss the case, finding the plaintiffs did not provide enough evidence to support their claims. The ABA announced last year that an unauthorized third party penetrated its network and took user names and passwords for online accounts used to access an old ABA website and its career center prior to 2018.

Posted by: Karen Belcher on May 1, 2024

Petitioner, Baldomero Galindo, appeals as of right from the Knox County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his conviction for first degree murder, for which he received a life sentence. On appeal, Petitioner contends that he was denied the effective assistance of counsel based upon trial counsel’s failure to raise a claim of self-defense and his failure to call a witness to testify after learning that the witness failed a polygraph examination. Following a thorough review, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on May 1, 2024

The Petitioner, LaNorris O’Brien Chambers, appeals from the Rutherford County Circuit Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for two counts of robbery, two counts of fraudulent use of a credit card, and one count of aggravated assault. On appeal, the Petitioner argues trial counsel provided ineffective assistance in failing to challenge Count 5, in failing to request dismissal of Count 2 of the superseding indictment, in failing to explain Rule 404(b) and the effect of his prior convictions, in failing to challenge the sufficiency of the State’s notice of sentence enhancement, and in failing to review all discovery with him. We affirm the judgment of the post-conviction court.

Posted by: Stacey Shrader Joslin on May 1, 2024

Those arrested for aggravated domestic violence in Tennessee will now have to wear a GPS monitoring device until their court date, WPLN reports. SB1972/HB2692, which passed with bipartisan support, requires that victims be notified if their abuser is within a certain distance. The measure is named for Marie Varsos and her mother Debbie Sisco, who were murdered in 2021 by Varsos’ husband. He had been arrested for strangling Varsos until she lost consciousness but was released and returned to the home to attack again. Family members believe that a law like this one could have saved the women.

Posted by: Karen Belcher on May 1, 2024

In 1990, a Davidson County jury convicted the Petitioner, Rhynuia L. Barnes, of premeditated first-degree murder, and the trial court sentenced him to an effective sentence of life in prison. The Petitioner unsuccessfully appealed his conviction. He then unsuccessfully filed a petition for post-conviction relief and three petitions for writ of error coram nobis, as well as a motion to exhume his father’s body and for fingerprint analysis. In 2023, the Petitioner filed his second post-conviction fingerprint analysis petition asking: (1) that the TBI enter the latent prints found on the murder weapon into an online fingerprint database; and (2) that the court order testing of his deceased father’s palm prints against the known palm print on the murder weapon. The post-conviction court summarily dismissed the petition, and the Petitioner appeals. After review, we affirm the postconviction court’s judgment.

Posted by: Karen Belcher on May 1, 2024

In this appeal, the petitioner sought judicial review of a decision made by the Department of Labor and Workforce Development denying his application for unemployment compensation benefits. The chancery court reversed the Department’s decision, concluding that it was arbitrary and capricious and an abuse of discretion. The Department appeals. We affirm and remand for further proceedings.

Posted by: Karen Belcher on May 1, 2024

This is an appeal of a Governmental Tort Liability Act case and concerns a judgment received by the plaintiff, who stepped off of a curb in the middle of the block, not at the crosswalk, and was struck by a city-owned vehicle while attempting to cross between two stopped vehicles when the light changed. Having reviewed the record transmitted to us on appeal, we reverse the trial court’s judgment that the city defendant is liable for the negligent hiring and retention of its employee because the record fails to show that evidence was introduced at trial in support of this claim. Moreover, we reverse the trial court’s allocation of fault, concluding that the evidence preponderates in favor of a finding that the plaintiff is at least 50% at fault. Because the plaintiff is accordingly barred from obtaining a recovery, we dismiss the case.

Posted by: Stacey Shrader Joslin on May 1, 2024

State funding has been approved to add another circuit judge in the 4th Judicial District, which serves Cocke, Grainger, Jefferson and Sevier counties. WATE.com reports that the funding is included in the state budget. The funding was added to help reduce the caseload on the current six judges. “Public safety is one of our top priorities, and part of that is ensuring speedy trials and getting criminals off our streets. Another judge in the 4th judicial district will help expedite that process and ultimately make the community a safer place for everyone,” Rep. Jeremy Faison, R-Cosby, said. The bill funding this new judge also reallocated another judgeship to the 19th Judicial District, which serves Montgomery and Robertson counties.

Posted by: Stacey Shrader Joslin on May 1, 2024

Bradley County Juvenile Court has been selected by the Tennessee Administrative Office of the Courts as a new site for a Safe Baby Court, Chattanoogan.com reports. The expansion of the concept is part of the state's ongoing commitment to ensuring the safety and well-being of infants, toddlers and families, officials said. Safe Baby Courts focus on building a multidisciplinary team, including judges, attorneys, child welfare workers, mental health providers and early childhood specialists, that works collaboratively to develop individualized plans that address the needs of families involved in the court system. The program emphasizes trauma-informed care, early intervention and prevention strategies.

Posted by: Stacey Shrader Joslin on May 1, 2024

After 22 years of teaching judges, Tennessee Senior Judge Don Ash will retire as a regular faculty member at the National Judicial College, the Administrative Office of the Courts reports. Ash, who joined the judicial college faculty in 2001, has taught nearly 1,500 judges from around the country and world and 50 courses, including ethics, case management and managing self-represented litigants. He first attended the judicial college in 1995, later earning a master’s degree in judicial studies through the college and the University of Nevada. His thesis focused on custody issues. Based on that research, he worked with the General Assembly to change the laws in Tennessee. His legacy will continue on following his retirement as Ash has set up a scholarship to the college for Tennessee judges. Read tributes from his colleagues.


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