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Posted by: Tanja Trezise on Mar 28, 2024

Tina Batten, Defendant, entered a best interest plea to aggravated assault and possession of a firearm while under the influence in exchange for a total effective sentence of five years with the length and manner of service of the sentence to be determined by the trial court. After a sentencing hearing, the trial court denied judicial diversion and ordered Defendant to a sentence of split confinement on the basis that granting diversion would depreciate the severity of the offenses and would have a detrimental effect on deterrence. Because the trial court failed to consider the proper factors in rendering its decision to deny diversion and failed to weigh those factors, we reverse and remand the case to the trial court for reconsideration. On remand, the trial court should utilize the factors set forth in Parker and Electroplating, weigh the factors against each other, and place an explanation of its ruling on the record.

Posted by: Stacey Shrader Joslin on Mar 28, 2024

The Tennessee Trial Court Vacancy Commission is accepting applications for a circuit court judge in the 18th and 22nd Judicial Districts. The position in the 18th Judicial District, which serves Sumner County, is a new seat that will be in effect as of Sept. 1. The position in the 22nd Judicial District — which serves Maury, Giles, Lawrence and Wayne counties — will be created with the retirement of Judge David Allen on Aug. 3. Those interested in either position should complete the application and submit it to the Administrative Office of the Courts by noon CDT on April 17. The commission will hold a public hearing to consider applicants for the 22nd District seat on May 20 at 9 a.m. CDT at Columbia Central High School, 921 Lion Parkway, Columbia 38401. It will hold a public hearing to consider applicants for the 18th District seat on May 21 at 9 a.m. CDT at Volunteer State Community College, 1480 Nashville Pike, Gallatin 37066. Get more information about applying.

Posted by: Tanja Trezise on Mar 28, 2024

The defendant, Anthony Eugene Barnett, appeals his Lawrence County Circuit Court conviction of theft of services, arguing that his judgment of conviction contains a clerical error by listing the incorrect statute for his conviction and that the trial court erred in denying his oral motion to continue his case, made the day of his trial. Upon review of the record, we remand the case to the trial court for entry of a corrected judgment reflecting the defendant’s conviction for theft of services. Because the record includes neither a transcript of the defendant’s oral motion to continue his case, the trial court’s ruling thereupon, nor a transcript of the trial, we conclude that the issue is waived and affirm the judgment of the trial court.

Posted by: Tanja Trezise on Mar 28, 2024

This appeal concerns the trial court’s denial of a petition for an order of protection based upon allegations of stalking. This is one of four cases in which the petitioner sought an order of protection against four women. We affirm the trial court’s denial of the petition in this case.

Posted by: Tanja Trezise on Mar 28, 2024

This appeal concerns the trial court’s denial of a petition for an order of protection based upon allegations of stalking. This is one of four cases in which the petitioner sought an order of protection against four women. We affirm the trial court’s denial of the petition in this case.

Posted by: Stacey Shrader Joslin on Mar 28, 2024

The Tennessee Supreme Court Access to Justice (ATJ) Commission is partnering with West Tennessee Legal Services and the Governor’s Faith Based and Community Initiative to host a free expungement clinic on April 19 in Jackson. The clinic is for those who have charges in Madison County General Sessions or Circuit courts. Registration is open until April 5. The groups are hosting the clinic in conjunction with Help4TNMonth, which is observed each April to bring public awareness to the need for free and reduced fee legal services, and celebrate the organizations that provide these services throughout the year.

Posted by: Tanja Trezise on Mar 28, 2024

This appeal concerns the trial court’s denial of a petition for an order of protection based upon allegations of stalking. This is one of four cases in which the petitioner sought an order of protection against four women. We affirm the trial court’s denial of the petition in this case.

Posted by: Tanja Trezise on Mar 28, 2024

This appeal concerns the trial court’s denial of a petition for an order of protection based upon allegations of stalking. This is one of four cases in which the petitioner sought an order of protection against four women. We affirm the trial court’s denial of the petition in this case.

Posted by: Tanja Trezise on Mar 28, 2024

This is an appeal from an order denying a petition to set aside a tax sale of unimproved real property. The petitioner had acquired the parcel in 2017 but had failed to update his address with the property assessor and other taxing authorities and had failed to pay taxes associated with the parcel from 2017 through 2021. The taxing authorities, as plaintiffs, commenced a lawsuit to collect the delinquent taxes in 2020. Unable to locate the petitioner for lack of a current address, the taxing authorities sought permission from the trial court to notify the petitioner of the lawsuit through publication in the local newspaper, which the trial court granted. After the time for notice by publication had expired, the taxing authorities sought and were granted default judgment regarding the petitioner’s property, and the taxing authorities sold the real property at a delinquent tax sale. The order confirming the tax sale was entered on April 7, 2021, but was not recorded with the local register of deeds until April 26, 2022, after the one-year statutory redemption period had passed. In July and August 2021, the petitioner contacted the taxing authorities to inquire about taxes he owed on the property and traveled to Crockett County to meet with the city and county officials and pay the delinquent taxes. For unknown reasons, the taxing authorities did not inform the petitioner that the real property had been sold at a tax sale earlier that year. The petitioner did not initiate a redemption action and did not file a petition to have the sale set aside at that time. In June 2022, after the one-year redemption period had elapsed and the statute of limitations period for setting aside the tax sale had expired, the petitioner sued to set aside the tax sale, which action the trial court denied as untimely. The petitioner has appealed. Discerning no reversible error, we affirm.

Posted by: Stacey Shrader Joslin on Mar 28, 2024

Combining existing law firms into a single business involves a lot of moving parts and personalities. Use this list to make sure you don’t overlook anything important. Find this and more in the Opening a Firm section of TBA’s Law Practice Management Center.


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