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Posted by: Tanja Trezise on Feb 14, 2024

NALBANDIAN, Circuit Judge. Antwaun Allen pleaded guilty to possessing methamphetamine with intent to distribute. At sentencing, he sought a downward variance from his Guidelines range, raising the government’s role in his offense, policy critiques of the Guidelines’ treatment of meth purity, as well as other mitigating offense and character traits. The district court sentenced Allen to 108 months, at the bottom of his Guidelines range.

Allen makes three arguments on appeal. First, Allen claims the sentence is procedurally unreasonable because the district court failed to address the government’s provocation of his offense. Second, Allen claims that the sentence is procedurally unreasonable because the district court impermissibly ceded its sentencing discretion to Congress. Finally, Allen argues the sentence is substantively unreasonable because the district court exclusively relied on the meth’s weight and purity, as reflected in the Guidelines, to the neglect of his “whole person.” Because we conclude his three claims lack merit, we AFFIRM.

Posted by: Tanja Trezise on Feb 14, 2024

In this divorce case, Husband/Appellant appeals the trial court’s order: (1) awarding a Toyota 4-Runner to Wife/Appellee; (2) dividing the remaining debt on the vehicle between the parties; and (3) awarding Wife one-half of the attorney’s fees she incurred in the trial court. We reverse the trial court’s conclusion that the 4-Runner was Wife’s separate property and conclude that it was transmuted into marital property. We affirm the remainder of the trial court’s order. Wife’s request for appellate attorney’s fees is granted.

Posted by: Stacey Shrader Joslin on Feb 14, 2024

The 2024 TBA Leadership Law class met yesterday for its “Issues in Policy & Politics” program in Nashville. Class members heard from a number of legislators and state leaders. TBA Executive Director Sheree Wright led a panel discussion about the legislative process and what lawyers bring to the table when serving as legislators. Lawmakers participating in that session included Sen. Sara Kyle, D-Memphis, House Majority Leader William Lamberth, R-Portland, Rep. John Ray Clemmons, D-Nashville, and Rep. Johnny Garrett, R-Goodlettsville. Class members also heard from Anastasia Campbell, director of the Legislative Office of Legal Services, and Brandon Smith, chief of staff to Tennessee Attorney General Jonathan Skrmetti. See photos from the day.

Posted by: Stacey Shrader Joslin on Feb 14, 2024

On Jan. 26, the Tennessee Supreme Court temporarily suspended Alex Fletcher Thompson from the practice of law for failure to comply with an order from the court issued on Nov. 28, 2023. Thompson subsequently filed a petition for dissolution of the suspension and requested a hearing to challenge the Tennessee Lawyers Assistance Program’s interpretation of the order’s requirements. The board recommended that the dissolution petition be rejected on the grounds that Thompson did not establish good cause for a hearing. The court disagreed, saying Thompson had provided sufficient cause and directed the BPR to conduct an immediate hearing.

Posted by: Jamie Rhode on Feb 14, 2024

The Family Law Section executive council is accepting submissions of practice tips or updates for inclusion in this newsletter, which is distributed to the approximately 450 members of the Family Law Section. Submission length should be between a short paragraph and column-length (1,200 words), including endnotes. Please put any notes at the end and not at the bottom of each page, and include a brief biographical sketch (two to three sentences) separately from the text of the piece. To send in your piece, please email TBA staff coordinator Jamie Rhode by the third Monday of each month to allow for review by the executive council.

Posted by: Stacey Shrader Joslin on Feb 14, 2024

The Napier-Looby Bar Foundation will hold its 17th Annual Barristers’ Banquet and Awards Program on Feb. 22 at 14 Tenn in Nashville. A reception, beginning at 6 p.m. CST, will honor the late Judge Richard Dinkins. The program and awards presentation will follow beginning at 7 p.m. CST. Tickets are available for purchase online. Questions about the event may be emailed to the group. The foundation is the philanthropic arm of the Napier-Looby Bar Association, the Nashville affiliate of the National Bar Association.

Posted by: Laura Labenberg on Feb 14, 2024

The 2024 Estate Planning & Probate Forum will take place in person next Friday at the Embassy Suites, 820 Crescent Centre Dr. in Franklin. The forum is an excellent opportunity to meet and learn from top estate planning experts from across the state. Highlights of the day include a probate panel comprised of judges and clerk & masters from the state’s three grand divisions. Moderated by TBA Estate Planning & Probate Section Vice Chair Charles Frazier, these panelists will discuss best practices and answer questions from attendees. Other topics at the forum include how to navigate probate when there is no will, the Uniform Partition of Heirs Property Act, marital deductions, the Hamilton County public receiver initiative, legislative update and ethics. Breakfast and lunch will be provided. See the speaker line up and course agenda and register now!

Posted by: Stacey Shrader Joslin on Feb 13, 2024

Shaundelle Brooks has officially announced her bid for the Tennessee House of Representatives. Brooks will run in the Aug. 1 primary to seek to represent District 60 in Old Hickory, where Democrat Darren Jernigan is not seeking reelection. In 2018, Brooks’ son Akilah DaSilva was killed during a shooting at a Waffle House, which left four people dead. Later, Brooks’ eldest son was shot in the head and seriously injured while leaving a music venue. Since then, she has become a passionate advocate for gun reform. “For five, six years I’ve been going up to the capitol, begging and pleading and trying to bring change,” she said, “And, it hasn’t happened. So I just decided that I have to be the change that I need to see.” WPLN has more on her campaign as well as two other first-time candidates who are running for the General Assembly.

Posted by: Stacey Shrader Joslin on Feb 13, 2024

Knoxville City Councilwoman Seema Singh has suspended her campaign in the Democratic primary for the Tennessee House seat currently held by Gloria Johnson, D-Knoxville. Singh, who represents the city’s Third District and is in her second term, explained her decision saying, “… when Gloria announced her candidacy for U.S. Senate, I decided to run for House District 90 to protect this seat, in the name of the same principles for which Gloria stands. Now that Gloria has decided to run for both U.S. Senate and the District 90 seat, I know it is in everyone’s best interest for me to suspend my campaign.” Singh said she would seek the seat again if Johnson is elected to the U.S. Senate, Knox Focus reports.


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