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Posted by: Paul Burch on Jan 24, 2024

Make plans now to join colleagues for a new "Bill and Phil Show," which will make its appearance in Nashville as part of the Law Tech Lunch & Learn Series. The program will take place on Feb. 7 at the Belmont College of Law. Bill Ramsey of Neal & Harwell PLC and legal technology consultant Phil Hampton will cover the evolution of artificial intelligence (AI) in the legal tech industry as well as the benefits and pitfalls to avoid. The duo also will showcase their latest finds in how AI can enhance productivity and quality of life in the real world. Can't make this program? Save the date for the Memphis program set for March 15.

Posted by: Karen Belcher on Jan 24, 2024

Defendant, Charles Felix Bell, Jr., appeals the trial court’s order revoking his probationary sentence for possession of cocaine with intent to sell. Following our review of the entire record and the briefs of the parties, we find no abuse of discretion and affirm the judgment of the trial court.

Posted by: Karen Belcher on Jan 24, 2024

Defendant, Matthew F. Beasley, appeals the trial court’s order revoking his probationary sentence for aggravated assault and ordering him to serve the balance of his ten-year sentence in confinement. Following our review of the entire record and the briefs of the parties, we find no abuse of discretion and affirm the judgment of the trial court.

Posted by: Paul Burch on Jan 23, 2024

Two new abortion-related bills have been filed in the state House. According to the Tennessean, Majority Leader William Lamberth, R-Portland, and Senate Majority Leader Jack Johnson, R-Franklin, have introduced HB 1663/SB1834, which would allow juries to impose the death penalty on adults convicted of raping a child under 12, with certain aggravating factors. The paper reports that the bill passed a first legislative hurdle in the House Criminal Justice Subcommittee by voice vote. In addition, Rep. Jason Zachary, R-Knoxville, filed HB1895 to establish an "abortion trafficking" felony for adults who help pregnant minors get an out-of-state abortion without parental permission. The legislation would establish a new Class C felony and carry three to 15 years in prison for an adult that "recruits, harbors or transports" a pregnant minor for the purposes of receiving an out-of-state abortion or for getting abortion medication. According to reporting by the Tennessean, parents or legal guardians would be exempt. The legislation also provides for a civil action against a person committing the offense of abortion trafficking of a minor for the wrongful death of an unborn child if the abortion takes place. A similar law in Idaho recently was blocked temporarily by a federal judge. That legislation needs a Senate sponsor before it can advance.

Posted by: Paul Burch on Jan 23, 2024

The Office of the Attorney General yesterday released a number of winter storm scam prevention tips for Tennesseans, including being aware of utility imposters, researching vehicle repair options and hiring only licensed contractors. Read the prevention tips and visit the Division of Consumer Affairs website for more information. State residents also can sign up for consumer alerts and learn more about scam reporting via the Federal Trade Commission (FTC) website.

Posted by: Paul Burch on Jan 23, 2024

The Legal Aid Society of Middle Tennessee and the Cumberlands has launched Community Classroom, an online source of information covering a wide range of civil legal issues. Community Classroom contains more than 50 downloadable booklets explaining legal rights and offering self-help advice on various legal matters. All the information is presented at a fifth-grade reading level that presents legal concepts in plain, easily understandable language. Some booklets are available in Spanish, Arabic, Korean, Thai, Russian and Vietnamese. Read more about the project.

Posted by: Paul Burch on Jan 23, 2024

Memphis Police Chief Cerelyn "C.J." Davis will serve in an interim role following a vote to table her confirmation at a Memphis City Council meeting, reports the Commercial Appeal. Memphis Mayor Paul Young suggested to the council that Davis serve in an interim role to see what impact she can have on crime, police policy and community engagement before bringing the confirmation vote to the floor. Young said the timeline for that vote would up to the city council. Davis' confirmation hearing on Jan. 9 saw multiple council members questioning her record on fighting crime and enforcing reforms passed by the council as well as her ability to lead the department.

Posted by: Karen Belcher on Jan 23, 2024

COLE, Circuit Judge. In August 2020, the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Cincinnati Police Department (CPD) participated in a joint federal task force to arrest Mason Meyer. While fleeing from CPD officers, Meyer lost control of his vehicle and crashed into a restaurant, killing Gayle and Raymond Laible and severely injuring Steven and Maribeth Klein. The Laibles’ estate and the Kleins brought this lawsuit alleging that three CPD officers were negligent in their execution of the high-speed car chase.

The CPD defendants in this action—Sergeant Donald Scalf, Sergeant Timothy Lanter, and Officer Brett Thomas—allege that they were federal employees immune from common-law tort actions due to their participation in the federal task force to arrest Meyer. The district court denied the officers’ motion for immunity under the Westfall Act, 28 U.S.C. §§ 2679(b)(1), (d)(1), (d)(3). We reverse the district court’s denial of immunity for Scalf because he was a federal employee acting within the scope of his employment during the chase. We affirm the district court’s denial of immunity as to Lanter and Thomas because neither were federal employees at the time of the incident.

Posted by: Karen Belcher on Jan 23, 2024

MURPHY, Circuit Judge. The U.S. Sentencing Guidelines repeatedly instruct district courts to increase a defendant’s sentence if the defendant has one or more prior convictions for a “crime of violence.” See, e.g., U.S.S.G. §§ 2K2.1; 4B1.1. They define “crime of violence” to mean, as relevant here, an offense that “has as an element the use, attempted use, or threatened use of physical force against the person of another[.]” Id. § 4B1.2(a). In United States v. Gloss, 661 F.3d 317 (6th Cir. 2011), we interpreted language identical to this so-called “elements clause” to cover the Tennessee crime of facilitating aggravated robbery. Id. at 318–20.

Viewing itself bound by Gloss, the district court in this case treated Al Dorsey’s prior convictions for facilitating aggravated robbery as “crimes of violence.” Dorsey now offers two reasons why we need not follow Gloss. He first asserts that Gloss conflicts with an earlier decision holding that facilitation offenses (unlike aiding-and-abetting offenses) do not require defendants to harbor an intent to commit the crime that their conduct facilitated. See United States v. Vanhook, 640 F.3d 706, 713–14 (6th Cir. 2011). He next asserts that Gloss conflicts with a later Supreme Court decision holding that the elements clause does not reach reckless uses of force. See Borden v. United States, 593 U.S. 420, 429 (2021) (plurality opinion); id. at 445–46 (Thomas, J., concurring in the judgment). Dorsey is wrong on both counts. Because we must follow Gloss, we affirm.

Posted by: Karen Belcher on Jan 23, 2024

The Petitioner, Kip Dylane Buie, pled guilty to second degree murder and attempted second degree murder. He received an effective forty-year sentence. Subsequently, he filed a petition for post-conviction relief, alleging that his plea counsel was ineffective during the plea process and that his guilty pleas were not knowingly and voluntarily entered. After a hearing, the post-conviction court denied the petition, and the Petitioner appealed to this Court. On our review, we respectfully affirm the judgment of the post-conviction court.


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