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Posted by: Karen Belcher on Feb 8, 2024

This case concerns a “Declaration of Additional Restrictive Covenants” applicable to an unimproved tract in a residential subdivision. In relevant part, the Declaration provides that, if a construction agreement could not be reached, the buyer is required to either (1) obtain a waiver of the exclusive builder provision, or (2) re-convey the property to seller at the original purchase price, excluding fees and costs. Here, Appellant/seller and Appellees/buyers could not agree on the building costs. The trial court determined that Appellant breached the Declaration and waived the right to enforce it when he failed to grant Appellees’ request for waiver of the exclusive builder provision and also refused to re-purchase the lot. Discerning no error, we affirm.

Posted by: Karen Belcher on Feb 8, 2024

Mother and Father divorced and Mother was given custody of their child. Mother remarried and eventually she and Stepfather filed a petition to terminate Father’s rights and allow Stepfather to adopt the child. The trial court found that Father had not visited the child within four months of the filing of the petition and that termination of Father’s parental rights was in the best interest of the child. We affirm.

Posted by: Karen Belcher on Feb 8, 2024

This case concerns the validity of a county resolution prohibiting quarries and rock crushers “within five thousand (5,000) feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional or industrial establishment.” The plaintiff landowners argued that the county failed to comply with the requirements in Tennessee’s county zoning statute, Tennessee Code Annotated § 13-7-101 to -115. In the alternative, they argued that state law expressly preempted local regulation of quarries. However, the county argued that it was exercising its authority to protect its citizens’ health, safety, and welfare under the county powers statute, Tennessee Code Annotated § 5-1-118. The trial court granted summary judgment to the county on the ground that it had no comprehensive zoning plan. This appeal followed. We affirm.

Posted by: Julia Wilburn on Feb 8, 2024

Jonathan Cole, a shareholder in the Nashville office of Baker Donelson, has been nominated by the American Bar Association (ABA) House of Delegates as chair-elect of the 597-member policymaking body for a two-year term that begins after the Annual Meeting this August. The position is the second ranking officer in the ABA and serves as its chief policy officer. Cole has served as chair of the ABA Standing Committee on Bar Activities and Services and the ABA Young Lawyers Division, and he is past president of the National Conference of Bar Presidents and the Nashville Bar Association. The HOD's 69-member nominating committee endorsed Cole over William D. Johnston of Delaware in a contested election during the ABA Midyear Meeting in Louisville, Kentucky. See a photo from the meeting. In other leadership news, Wisconsin lawyer Michelle Behnke was nominated as the ABA's president for 2025-2026. The HOD will formally vote on her election at the August meeting.

Posted by: Julia Wilburn on Feb 8, 2024

A federal grand jury in Memphis returned a superseding indictment yesterday bringing new charges against three alleged members of the Unknown Vice Lords (UVL) — Ghost Mob, a criminal street gang, for causing the death of an individual through the use of a firearm during a crime of violence. According to a press release from the U.S. Attorney's Office for the Western District of Tennessee, the charges are the first to be brought as part of the Memphis Violent Crime Initiative. As part of the initiative, the U.S. Justice Department's Criminal Division has dedicated attorneys and other resources to prosecuting violent offenders and assisting intervention, prevention and reentry efforts to address the root causes of violent crime.

Posted by: Julia Wilburn on Feb 8, 2024

More than a year after a report was released that was highly critical of Tennessee State University's (TSU) senior leaders, Republican lawmakers are moving to remove and replace the members of its governing board. Axios Nashville reports that the Senate Government Operations Committee approved a bill Wednesday that would vacate the board. Lt. Gov. Randy McNally, R-Oak Ridge, said, "It has been made abundantly clear over the past few years that Tennessee State University is in need of a reset. A new board and a new president working in tandem will give the university the fresh start it needs." Sen. Charlane Oliver, D-Nashville, countered, saying many of the problems at TSU are tied to historic underfunding. A federal review found that TSU has been underfunded by billions of dollars. "We have wronged this university," Oliver said. "As a result of our failures, TSU's operations are in the state of affairs that they're in now."

Posted by: Karen Belcher on Feb 8, 2024

The defendant, David Parr, appeals the Stewart County Circuit Court’s imposition of a fully-incarcerative sentence for his guilty-pleaded convictions of possession of methamphetamine and fentanyl with intent to sell or deliver, asking this court to remand to the trial court for consideration of Community Corrections under Code section 40-36- 106(2)(c). Because the superseding indictments violated the principles of double jeopardy and because the trial court lacked jurisdiction to hold the plea submission hearing, the judgments entered on the superseding indictments are void, and we dismiss the appeal.

Posted by: Karen Belcher on Feb 8, 2024

The Defendant, Marcus Green, was convicted in the Shelby County Criminal Court of first degree premeditated murder, attempted first degree premeditated murder, employing a firearm during the commission of a dangerous felony, and possession of a firearm by a convicted felon. After a sentencing hearing, he received a sentence of life plus one hundred five years in confinement. On appeal, the Defendant contends that the evidence is insufficient to support the convictions, that the trial court erred by refusing to bifurcate the charge of possession of a firearm by a convicted felon from the remaining charges, and that his effective sentence is excessive. Based upon our review, we affirm the judgments of the trial court.

Posted by: Karen Belcher on Feb 8, 2024

The Petitioner, Jimmiko Driskell, appeals the denial of her petition for post-conviction relief from her second degree murder conviction, arguing that she received ineffective assistance of trial counsel and was denied due process of law because she lacked the knowledge to enter a knowing, intelligent and voluntary guilty plea. Based on our review, we affirm the judgment of the post-conviction court.

Posted by: Julia Wilburn on Feb 8, 2024

The Board of Judicial Conduct on Tuesday issued a public reprimand to Shelby County General Sessions Judge Bill Anderson Jr. The reprimand addresses two matters, the first that Anderson raised his voice and was sarcastic to a Memphis police sergeant who appeared in court for a bond hearing at the judge's request. The board pointed out that "a party who is the subject of overly harsh or intemperate words may reasonably perceive that the judge is biased." The second matter concerned Anderson's statements made in a September Shelby County Commission meeting during which he stated that he "detest[s] the bail bond system in Shelby County. I detest it across the state." The board expressed concern that the statements could "undermine public perception and confidence" that a judge would approach cases "fairly and impartially, as well as undermine public confidence in the judiciary." The court noted that Anderson cooperated with its review and took full responsibility for his actions.


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