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Posted by: Karen Belcher on Jan 10, 2024

Christopher Laron Matthews, Defendant, appeals the trial court’s consecutive alignment of twelve-year sentences for sale of methamphetamine in Case No. 27504 and Case No. 27505 for an effective twenty-four-year sentence. The trial court based the consecutive sentencing on its finding that Defendant was an offender whose record of criminal activity was extensive. We affirm.

Posted by: Karen Belcher on Jan 10, 2024

Mother appeals the termination of her parental rights based on Tennessee Code Annotated section 36-1-113(g)(l4). Discerning no reversible error, we affirm.

Posted by: Karen Belcher on Jan 10, 2024

This appeal concerns a lawsuit challenging the Tennessee Education Savings Account Pilot Program, Tenn. Code Ann. § 49-6-2601, et seq. (“the ESA Act”). A group of parents and taxpayers from Davidson and Shelby Counties (“Plaintiffs”) sued state officials (“State Defendants”) in the Chancery Court for Davidson County (“the Trial Court”). In their operative amended complaint, Plaintiffs alleged that the ESA Act violates the Tennessee Constitution and state law by diverting taxpayer funds appropriated for public schools in Davidson and Shelby Counties to private schools, resulting in unique harm to these localities. A group of parents with children eligible for the ESA Act (“Bah Defendants”) and another group (“Greater Praise Defendants”) (all defendants collectively, “Defendants”) intervened in defense of the ESA Act. Defendants filed motions to dismiss, which the Trial Court granted on grounds that Plaintiffs lack standing and their claims are not ripe for judicial review. In reaching its decision, the Trial Court found that the ESA Act has not caused the affected counties any unequal hardship. Plaintiffs appeal the dismissal of their first, second, and sixth causes of action only. We conclude that the Trial Court erred by deciding factual disputes over the impact of the ESA Act on Plaintiffs at the motion to dismiss stage. Plaintiffs alleged enough in their amended complaint to establish standing both as parents and taxpayers. Plaintiffs’ claims also are ripe for judicial review. We, therefore, reverse the judgment of the Trial Court as to Plaintiffs’ first, second, and sixth causes of action and remand for further proceedings consistent with this Opinion.

Posted by: Karen Belcher on Jan 10, 2024

Syeda C. (“Mother”) and Hosea T. (“Father”)2 (Mother and Father collectively, “Parents”) are the biological parents of Gabrella T. (the “Child”). The Tennessee Department of Children’s Services (“DCS”) petitioned the Juvenile Court of Memphis and Shelby County (the “Juvenile Court”) for an adjudication that the Child was dependent and neglected in the care of Parents and for an award of temporary legal custody of the Child to DCS. The Juvenile Court granted DCS’s petition, adjudicated the Child dependent and neglected, and awarded temporary legal custody of the Child to DCS. Mother appealed the Juvenile Court order to the Shelby County Circuit Court (the “Circuit Court”). Mother failed to appear at the hearing in the Circuit Court on her appeal; upon oral motion made by DCS, the Circuit Court dismissed Mother’s appeal. Mother now appeals to this Court. Upon thorough review of the record, we affirm the judgment of the Circuit Court.

Posted by: Karen Belcher on Jan 10, 2024

This is an appeal of a trial court's valuation of a marital asset, division of a marital estate, and award of alimony in solido as a result of the divorce of Eric Wayne Barton ("Husband") and Mechelle Scholmer Barton ("Wife"). In its 2018 Final Judgment of Divorce ("2018 Judgment"), the Chancery Court for Blount County ("the Trial Court") found that Husband's 100% interest in Vanquish Worldwide, LLC, ("Vanquish Worldwide") was marital property and that Vanquish Worldwide's outstanding claim for potentially $32 million against the U.S. Government ("Government Claim") was marital property. The Trial Court accordingly awarded to Wife a portion of the Government Claim. In Husband's first appeal, this Court reversed the Trial Court's finding that the Government Claim was marital property and its awarded portion to Wife. This Court, concluding that the Government Claim was nevertheless relevant to an accurate valuation of Vanquish Worldwide and the total value of the parties' marital business interests, instructed the Trial Court on remand to revalue Vanquish Worldwide, and in doing so, to consider the Government Claim. On remand, the Trial Court found that Husband had dissipated $12 .3 7 5 million of the Government Claim proceeds by using the funds to satisfy a personal judgment against him. The Trial Court accordingly added the dissipated $12.375 million to its $4 million valuation of Vanquish Worldwide. Husband has appealed, contesting the Trial Court's consideration of the Government Claim proceeds in its valuation of Vanquish Worldwide, as well as its overall division of the marital estate, award of alimony in solido, and placement of a lien and an assignment in trust to Wife on Husband's ownership interests in his numerous LLCs, including Vanquish Worldwide. We affirm the Trial Court's finding that Husband dissipated marital property and its valuation of Vanquish Worldwide but modify the Trial Court's judgment to the extent it awarded interest on Wife's award of alimony in solido. The balance of the Trial Court's judgment is affirmed, including its division of the marital estate and award of alimony in solido to Wife. We further decline to award Wife attorney's fees on appeal.

Posted by: Julia Wilburn on Jan 10, 2024

The Tennessee Senate’s joint working group studying the possibility of rejecting federal education funding has released its report, stating there were “more questions than definitive answers” on the feasibility of rejecting billions of dollars in federal education funding. An issue with the federal funding, according to House Speaker Cameron Sexton, R-Crossville, who in November contemplated the idea of rejecting the funding, was the concern that federal funds came with too many strings. The report concluded that there are already prohibitions on federal overreach within the large programs that provide funding for education. In addition, the report notes that Tennessee could potentially replace federal education funding with recurring state revenues, but it would do so “at the expense of other potential investments.” WKRN has the story.

Posted by: Julia Wilburn on Jan 10, 2024

The Chattanoogan reports that Chattanooga attorney Kisha Cheeks picked up papers to run in the Democratic primary, seeking to be the party's nominee to replace retiring Circuit Court Judge Marie Williams in Division III. Two are seeking the Republican nomination: General Sessions Court Judge Alex McVeagh and attorney Michele Coffman. The primary will be March 5 and the general election in August.

Posted by: Julia Wilburn on Jan 10, 2024

The Tennessee House of Representatives today adopted a new rules package in a vote of 70-19 for the 113th Session. Tennessee House members may not use papers or visual aids while they discuss legislation but spectators watching legislative proceedings can still hold 8.5-by-11-inch signs this year. Additionally, House members approved a new rule to temporarily silence members ruled out of order by the speaker. For a first out-of-order offense, the member will not be able to participate in any further discussion of that current subject. If found out of order a second time, the member will have their speaking time reduced from five minutes to two minutes. On a third violation, the member will be barred from speaking on the floor for two legislative days. Guns will continue to be allowed in hearing rooms and banned from the House floor, and bill presentations in committee will be limited to five minutes. The Tennessean has more coverage of the rules package. In other action, House Speaker Cameron Sexton, R-Crossville, implemented a new policy governing access to one of the chamber's public galleries. The West Gallery is now accessible only to those who receive a ticket from a legislator, reports WPLN. Public access to the East Gallery remains on a first-come, first-served basis, Sexton's office tells the Tennessean. The House parliamentarian says the rules allow Sexton to enact policies that address decorum without needing a vote of the members.

Posted by: Julia Wilburn on Jan 10, 2024

The Tennessee Commission on Children and Youth (TCCY) on Monday released the “State of the Child in Tennessee 2023” report. The report provides a comprehensive look at the lives and deaths of Tennessee’s children and the economic and social forces that shape their childhoods, from poverty to educational achievement, access to health care and housing. With regard to childhood deaths, the Tennessee Lookout reports that Tennessee has one of the highest overall rates of child homicide in the nation and ranks even higher for the rate of kids killed by guns. Read highlights from the report.

Posted by: Julia Wilburn on Jan 10, 2024

Nashville-based law firm Thompson Burton has acquired Huntsville's Maples Law Firm and opened its first out-of-state office. The acquisition adds two attorneys to Thompson Burton’s existing 39 attorneys and a third office to its current spaces in Nashville and Franklin, reports the Nashville Business Journal. The joining of the two firms grows Thompson Burton’s existing bankruptcy and distress practice and expands services to existing clients for both firms in the rapidly growing North Alabama area.


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