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Posted by: Azya Thornton on May 28, 2025

In this post-divorce action, the father sought a reduction of his child support obligation because he had recently lost his employment and two of the parties’ three minor children had become emancipated. Following a two-day hearing, the trial court removed the parties’ two emancipated children from the child support worksheet but increased the father’s child support payment upon finding that the father was willfully unemployed and imputing to him a salary commensurate with his previous wages. In calculating the father’s new child support obligation, the trial court considered the father’s recent tax information, his frequent job changes, his residential arrangements, his long-term failure to exercise his full weekend parenting time with the children, and the cost of his leisure travel. The trial court also imputed the proscribed statutory salary amount to the mother, who was not employed at the time of trial. Although both parties appeared pro se at the trial, the trial court entered an order granting the mother’s request for attorney’s fees without including an explanation of how the court determined the reasonableness of the fees. The father has appealed. Despite his pro se status before this Court, the father seeks attorney’s fees on appeal, claiming that an out-of-state attorney prepared his appellate briefs. Upon thorough review, we deny the father’s request for attorney’s fees on appeal because the attorney who allegedly prepared the father’s briefs did not sign the briefs or otherwise file an appearance with this Court as required by Tennessee Rule of Civil Procedure 11(b). We vacate the trial court’s award of attorney’s fees to the mother and remand that issue to the trial court for a written order containing sufficient findings of fact and conclusions of law. In all other respects, we affirm.

Posted by: Azya Thornton on May 28, 2025

In October 2012, a jury convicted Petitioner, Kenneth Brown, of one count of first degree premeditated murder, twelve counts of criminal attempt to commit first degree murder, twelve counts of aggravated assault, one count of employment of a firearm during a dangerous felony, and one count of reckless endangerment, for which he received an effective sentence of life imprisonment plus 308 years. In August 2023, Petitioner filed pro se petitions for post-conviction DNA and fingerprint analysis and a petition for writ of error coram nobis. The post-conviction court summarily dismissed the petitions. On appeal, Petitioner asserts that the post-conviction court improperly dismissed the petition for post-conviction fingerprint analysis and the petition for writ of error coram nobis. Following a thorough review, we affirm the judgment of the post-conviction court.

Posted by: Azya Thornton on May 28, 2025

A self-represented defendant in a divorce case moved to recuse the trial judge. After the trial judge denied the motion, this accelerated interlocutory appeal followed. Because the motion for recusal failed to comply with Tennessee Supreme Court Rule 10B, we affirm the denial of the motion.

Posted by: Azya Thornton on May 28, 2025

Plaintiff appeals the trial court’s decision to exclude the testimony of her proffered expert for failure to comply with the locality rule. Plaintiff also appeals the grant of summary of judgment based on the exclusion of that expert. Finding the trial court did not abuse its discretion in excluding the testimony, we affirm that ruling. Additionally, we affirm the trial court’s decision to grant summary judgment as the excluded testimony was the only evidence offered regarding the applicable standard of care.

Posted by: Azya Thornton on May 28, 2025

Father and Mother divorced. In ruling upon various matters contested by the parties, the trial court evenly divided Father’s pension without determining whether a portion was separate property, awarded Mother rehabilitative alimony, and named Mother as the primary residential parent. Father appeals, asserting error as to all three determinations. We conclude that the trial court erred in failing to treat the pre-marriage portion of the pension as separate property. As for the trial court’s alimony award and primary residential parent decision, the trial court’s findings of fact and conclusions of law are insufficient under Tennessee Rule of Civil Procedure 52.01. Accordingly, we vacate the portions of the trial court’s order regarding the classification and division of assets, alimony, and primary residential status and remand.

Posted by: Azya Thornton on May 28, 2025

Another inmate has died at the Shelby County Jail, the Shelby County Sheriff’s Office said in an email statement, according to the Commercial Appeal. Jail officers responded to the incident the morning of May 26. The Sheriff’s Office did not confirm the nature of the death and referred further questions to the Tennessee Bureau of Investigation, which is investigating. An autopsy is being conducted to determine the cause and manner of death.

Posted by: Azya Thornton on May 28, 2025

After a joint immigration enforcement operation by U.S. Immigration and Customs Enforcement and the Tennessee Highway Patrol in May, Nashville attorneys are reporting a sharp rise in evictions targeting Hispanic immigrant families, according to the Nashville Scene. The paper reports that after a week of traffic stops — during which nearly 200 drivers, most without criminal records, were detained — local lawyers noticed a spike in illegal evictions. Anne Boatner, legal director at the Hispanic Bar Association, says her office has documented an increase in cases. She emphasizes that under Tennessee law, landlords must obtain a court order and use the sheriff’s office for evictions, but fear of exposure to federal immigration authorities is discouraging tenants from asserting their legal rights. Boatner and local officials are now seeking alternative legal remedies, including evaluating possible violations of fair housing laws, while helping displaced families find emergency housing.

Posted by: Azya Thornton on May 28, 2025

Tennessee Attorney General Jonathan Skrmetti has joined 27 other state attorneys general in asking Meta Platforms Inc. about allegations that its artificial intelligence assistant, Meta AI, may expose minors to sexually explicit content and enable adults to simulate grooming scenarios. The bipartisan coalition sent the letter following reports that Meta AI, used across Instagram, Facebook and WhatsApp, engaged in graphic sexual conversations with users posing as children, including scenarios involving user-generated and Meta-created personas, according to a press release. The attorneys general are seeking answers by June 10, including whether Meta removed safeguards, if such features remain active, and what steps the company is taking to protect minors.

Posted by: Azya Thornton on May 28, 2025

The 2025 Peace Award, given by the Rotary Club of Knoxville, was presented to Judge Chuck Cerny, a 25-year veteran of the Knox County General Sessions Court. The Peace Award Luncheon was held last week at the Knoxville Museum of Art. In his remarks accepting the award, Cerny reflected on his years of service and highlighted his community involvement, including leadership in the Knox Recovery Court and participation in numerous expungement and fee waiver legal clinics. He also addressed the challenges faced by individuals in the criminal justice system, noting that most are struggling with mental health or addiction and “less than five percent are actually bad actors.” Read more about the award and event in Knox TN Today.

Posted by: Azya Thornton on May 28, 2025

At the TBA Convention, the annual favorite “Legislative Update" will provide attendees with a comprehensive overview of recent legislative changes impacting Tennessee lawyers. Hosted by TBA's government affairs team, the session will feature insights from Berkley Schwarz of Pier Strategies, along with Brad Lampley and Ashley Harbin of Adams & Reese, as they break down key developments from the latest session of the Tennessee General Assembly. Learn more about this session and other convention CLE programs on the TBA website.


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