Question: Is House Bill 1609 of the 113th Tennessee General Assembly, 2nd Session (2024) constitutional?

Opinion: House Bill 1609 is constitutionally suspect under the Supremacy Clause of the United States Constitution.

Pursuant to Tennessee Supreme Court Rule 9, Section 10.5 and Rule 43, Section 14, the following attorneys have been suspended in 2024 for failure to timely pay their annual registration fees and/or submit certification that all eligible funds are held in an IOLTA account. The annual registration fee is due and payable to the Board of Professional Responsibility on or before the first day of the attorney’s birth month of each year. Attorneys who have since complied with the requirements, and for whom notices have been received from the court, will be noted as reinstated.

THAPAR, Circuit Judge. Phillip Cabbage pled guilty to conspiring to distribute drugs. At sentencing, he and the government agreed a supervisor enhancement applied. Reversing course, Cabbage now objects to the enhancement. But because he invited the error, we affirm.

Defendant, Kinney Louis Spears, was indicted by the Houston County Grand Jury for the first degree murder of his wife, Mia Donnita Spears. The Houston County Circuit Court granted Defendant’s motion for a change of venue and transferred the case to the Dickson County Circuit Court. A Dickson County jury found Defendant guilty of the lesserincluded offense of second degree murder, and the trial court sentenced Defendant to serve 25 years’ confinement. In this appeal as of right, Defendant asserts that the evidence is insufficient to support his conviction, that several improper comments by the prosecutor during closing argument constitute plain error, and that his sentence is excessive. Having reviewed the entire record and the briefs of the parties, we affirm the judgment of the trial court.

Speaker Cameron Sexton, R-Crossville, has introduced an amendment to the state constitution that would allow judges to deny bail to defendants accused of certain violent offenses. The Daily Memphian reports that the amendment prohibits the consideration of the defendant’s ability to pay in setting bail and expands the discretion judges currently have to approve or deny bail for the crimes covered by the 2022 “truth in sentencing” law, a mandatory-minimum law for violent offenses. It would require the judge to explain in the case record why they decided to grant or deny bail. The change would have to be approved by a simple majority of both chambers this year and by two-thirds of both chambers in 2025 before being placed on the November 2026 ballot as a yes/no question. “This is the extra added option judges need now,” House Majority William Lamberth, R-Portland, said. “Right now, a judge absolutely should not set a bond so high with the purpose of making sure somebody can’t get that. That is absolutely unconstitutional and wrong. If any judge is doing that, they’re going to get overturned.” The move comes after Sexton and other leaders announced a new effort in Memphis last week.

Tennessee Attorney General Jonathan Skrmetti published an opinion on Jan. 19 about a proposed bill that would prohibit the Tennessee National Guard from being released into federal active duty combat unless the U.S. Congress declares war. The Tennessean reports that HB1609, sponsored by Rep. Jay Reedy, R-Erin, would make exceptions to expressly execute the laws of the union, repel an invasion or suppress an insurrection. Skrmetti's opinion says the proposal is “constitutionally suspect” under the Supremacy Clause of the U.S. Constitution. “While the constitutionality of the War Powers Resolution has been questioned, it remains controlling federal law ... Under the War Powers Resolution, Congress may authorize the president to use military force without a declaration of war, and even when Congress may decide to make a declaration of war, the War Powers Resolution allows the president to use military force before any such declaration is made.” Read the opinion.

In 2000, the Scott County Grand Jury indicted the Defendant, Hubert Glenn Sexton, Jr., for two counts of first degree premeditated murder, and the Defendant was convicted of both counts and was sentenced to death for each offense. State v. Sexton, 368 S.W.3d 371, 378 (Tenn. 2012). Thereafter, this court granted the Defendant post-conviction relief from these convictions and remanded his case for a new trial. Sexton v. State, No. E2018-01864-CCA-R3-PC, 2019 WL 6320518, at *26 (Tenn. Crim. App. Nov. 25, 2019). On retrial, the Defendant was again convicted of two counts of first degree premeditated murder and was sentenced to consecutive sentences of life without parole. In this appeal, the Defendant argues the trial court erred (1) by denying his constitutional right to self-representation under the Sixth Amendment to the United States Constitution and article I, section 9 of the Tennessee State Constitution, and (2) by allowing several witnesses to testify about allegations that the Defendant had sexually abused his stepdaughter prior to the killings in this case. After review, we affirm the judgments of the trial court.

The notice of appeal in this case was not timely filed. Therefore, this Court lacks jurisdiction to consider this appeal. The appeal is dismissed.

This appeal involves the termination of a mother’s parental rights. The trial court found by clear and convincing evidence that six grounds for termination were proven and that termination was in the best interest of the children. The mother appealed. On appeal, the Department of Children’s Services “does not defend” three of the grounds that the trial court concluded were established. We reverse these three grounds. Of the three remaining grounds, which DCS maintains were sufficiently proven, we conclude that the ground of substantial noncompliance with a permanency plan was proven by clear and convincing evidence. We further find that termination of parental rights is in the best interest of the children. However, due to insufficiencies in the trial court’s findings, we vacate the grounds of persistent conditions and failure to manifest an ability and willingness to assume custody or financial responsibility against the mother. We reverse in part, with respect to three grounds for termination, and vacate in part, with respect to two grounds for termination, but otherwise we affirm the trial court’s order terminating parental rights.

Suzanne Craig Robertson, former editor of the Tennessee Bar Journal, and Gary Wade, former chief justice of the Tennessee Supreme Court, will be featured speakers at the Rose Glen Literary Festival in Sevierville on Feb. 24. Robertson is the author of “He Called Me Sister: A True Story of Finding Humanity on Death Row," the story of her family's 15-year friendship with Cecil Johnson, who was on Tennessee's death row and was executed in 2009. Johnson's final appeal prior to his execution for multiple counts of first-degree murder was heard during Wade's tenure as chief justice. Join them for an engaging conversation highlighting their perspectives on Johnson’s life and legacy. The event will take place from 2-3 p.m. EST at the Sevierville Convention Center, 202 Gists Creek Rd., Sevierville 37876.