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Posted by: Azya Thornton on Jan 9, 2026

MURPHY, Circuit Judge. Over 30 years ago, Donald Herb Johnson pleaded guilty to a brutal murder. He now claims that a Kentucky trial court failed to ensure he entered a knowing plea because it did not ask him if he knew that he was waiving his privilege against self- incrimination and right to a jury. He also claims that the trial court refused to consider all his mitigating evidence when sentencing him to death. But the Kentucky Supreme Court rejected both claims on the merits. To obtain habeas relief in federal court, then, Johnson must meet the demanding standards in the Antiterrorism and Effective Death Penalty Act (AEDPA). He has not done so. The Kentucky Supreme Court reasonably found that the record showed Johnson knew his rights. And the Kentucky trial court considered all of Johnson’s mitigating evidence; it just did not find that evidence persuasive. So the district court rightly denied Johnson’s habeas petition. We affirm.

Posted by: Azya Thornton on Jan 9, 2026

Billy Jack Reprogal, Defendant, admitted to violating the terms of his community-based alternative to incarceration (“community corrections”) sentence. Following a hearing, the court ordered Defendant to serve the balance of his sentence in confinement. Defendant claims the trial court erred because it failed to properly consider the ends of justice and the best interest of the public and Defendant when it sentenced him. Discerning no error, we affirm.

Posted by: Azya Thornton on Jan 9, 2026

Defendant, Keion Lamonte Jemison, appeals from his convictions for reckless homicide, aggravated assault resulting in death, aggravated assault with a deadly weapon, and possession of a firearm by a person convicted of a felony crime of violence, for which he is serving an effective twenty-three-year sentence. On appeal, he argues that the trial court erred by sentencing him for Class B felony possession of a firearm by a person convicted of a crime of violence, arguing that aggravated assault by recklessness is not included in the statutory definition of a “crime of violence. ” We affirm.

Posted by: Azya Thornton on Jan 9, 2026

Because the Shelby County Probate Court had no subject-matter jurisdiction over this breach of contract case, we vacate the probate court’s order and remand with instruction to transfer the matter to the Shelby County Chancery Court.

Posted by: Azya Thornton on Jan 9, 2026

This appeal concerns third-party claims for breach of contract filed by a real estate developer against several real estate investment companies. The trial court entered an agreed order extending the time for the third-party defendants to file a “responsive pleading. ” Then, prior to the deadline for filing their responsive pleadings, the third-party defendants filed a motion to dismiss under Rule 12 of the Tennessee Rules of Civil Procedure. But the developer argued that the third-party defendants waived their right to file a Rule 12 motion because the agreed order only extended the deadline for “responsive pleadings. ” During the hearing on the motion to dismiss, the third-party defendants asked for an award of their attorney’s fees and costs under Tennessee Code Annotated § 20-12- 119(c)(1), which requires courts to “award the party or parties against whom the dismissed claims were pending at the time the successful motion to dismiss was granted the costs and reasonable and necessary attorney’s fees incurred in the proceedings as a consequence of the dismissed claims by that party or parties. ” The trial court granted the motion to dismiss but held that the third-party defendants could not recover their attorney’s fees and costs under § 20-12-119(c)(1) because “the written motion to dismiss did not include a request for an award of fees or cite to the statute.” This appeal followed. We conclude that the agreed order did not constitute a waiver of the third-party defendants’ right to file a motion to dismiss and affirm the dismissal of the claims at issue. However, we conclude that the third-party defendants are entitled to an award of their costs and attorney’s fees under § 20- 12-119(c)(1). Thus, we reverse and remand with instructions to award the third-party defendants their reasonable and necessary attorney fees and costs.

Posted by: Azya Thornton on Jan 9, 2026

The appellee sustained severe injuries after falling off of a ladder at his job. The appellee was performing work on a building owned by the appellant when the accident occurred, and he claims the ladder was owned by the appellant. The appellant’s workers’ compensation policy had lapsed and was not in effect at the time of the accident. The appellee filed a common law tort action against the appellant. Following a bench trial, the trial court awarded the appellee a judgment of $471,038.36. We conclude that the trial court erred in calculating the appellee’s damages for lost wages and future lost earning capacity and modify the trial court’s judgment to correct such error. We also remand this case to the trial court for consideration of whether the appellee is entitled to an award of noneconomic damages. We affirm the trial court’s judgment in all other respects.

Posted by: Azya Thornton on Jan 9, 2026

Austin Peay State University (ASPU) will pay $500,000 in addition to reinstating a professor who was fired over a social media post following the killing of conservative activist Charlie Kirk, the Citizen Tribune reports. A copy of the settlement agreement obtained through a public records request shows the payment also includes reimbursement for counseling expenses. Documents authorizing the settlement were signed by Tennessee’s governor, attorney general and comptroller. A university spokesperson confirmed Dec. 31, 2025, that Darren Michael has been fully reinstated as a tenured professor as APSU President Mike Licari said the university failed to follow proper policy when it terminated Michael in September 2025.

Posted by: Azya Thornton on Jan 9, 2026

Knoxville is marking the legacy of Martin Luther King Jr. with events running throughout the month, including art exhibits, educational programs, an interfaith prayer service, youth programming and the MLK Basketball Classic. Organized by the Martin Luther King Jr. Commemorative Commission, the 2026 celebration carries the theme “One Community, One Purpose, One Dream: A Call to Action” and is intended to promote civic engagement, equity and community building. Events began Jan. 2 with a Gallery of Arts Tribute at The Emporium Center, where the exhibit honoring King’s legacy will remain on display through Jan. 31. Programs will conclude with a memorial tribute service on Jan. 19. Knox News has a full schedule of events taking place throughout the month.

Posted by: Azya Thornton on Jan 9, 2026

Two Cocke County businesses received state grants Thursday to help retain and retrain employees after Hurricane Helene, WSMV reports. State and local officials announced the awards for Eastern Plating and American Appliance Products, with each company receiving more than $2 million from the Tennessee Department of Economic and Community Development. Both businesses were damaged by the hurricane and are either in the early stages of reopening or have not yet reopened. The plants, which are located next to each other, were flooded during the storm. “Of all the things we get to do across the state and our agency, working in rural Tennessee is what we see as the most impactful,” said Stuart McWhorter, Tennessee deputy governor and commissioner of economic and community development.

Posted by: Azya Thornton on Jan 9, 2026

Tennessee’s 28th Judicial District, which includes Crockett, Gibson and Haywood counties, reported no murders in 2025, the Commercial Appeal reports. District Attorney Frederick Agee said in a Jan. 6 news release that it is the first time in at least 20 years the district has recorded zero homicides, and that it was the only judicial district in the state without a murder last year. Tennessee has 32 judicial districts, and the 28th District serves a population of about 85,000. “We have aggressively sought revocations of offenders out on bond or on probation when they continue to violate,” Agee said. “We believe this record year illustrates the fruits of our office policy and labor.”


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