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Posted by: Azya Thornton on May 7, 2025

Petitioner, Stanley Jefferson, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claims that trial counsel was ineffective by failing to object to the taking of Petitioner’s DNA. Following our review of the entire record, the briefs of the parties, and applicable law, we affirm the judgment of the post- conviction court.

Posted by: Azya Thornton on May 7, 2025

Petitioner, Tommy Gayden, filed a single pro se pleading titled “Motion to Correct Illegal Sentence, Motion for Plain Error Review, and Petition for Extraordinary Writ on Ineffective Assistance of Counsel.” The trial court summarily denied the motion to correct illegal sentence portion of the pleading for failure to state a colorable claim under Rule 36.1. Treating the two remaining claims as a motion to reopen post-conviction proceedings, the trial court summarily denied the claims because they did not satisfy any of the criteria to reopen a post-conviction proceeding, they were previously waived, and they were raised outside the one-year post-conviction statute of limitations. Discerning no error, we affirm the trial court’s summary denial of all claims.

Posted by: Azya Thornton on May 7, 2025

In 2014, a Sevier County jury convicted the Defendant, Jamie Paul Click, of alternate counts of selling or delivering one-half gram of heroin within 1,000 feet of a public elementary school, Class A felonies, in addition to other offenses. The trial court merged the two drug-free zone convictions and sentenced the Defendant to forty years as a Range II, multiple offender with mandatory one-hundred percent service of the minimum sentence in the range. In 2022, following amendments to the Drug-Free Zone Act, the Defendant filed a motion for resentencing pursuant to Tennessee Code Annotated section 39-17-432(h), which the trial court denied following an evidentiary hearing. The Defendant appeals, arguing that the trial court’s ruling was a plain and palpable abuse of discretion. Upon our review of the oral arguments, applicable law, and the briefs of the parties, we deny the Defendant’s request for a writ of certiorari and affirm the judgment of the trial court.

Posted by: Azya Thornton on May 7, 2025

In 2015, a Knox County jury convicted the Defendant, Jamie Paul Click, of conspiracy to possess with the intent to sell or deliver 150 grams or more of heroin in a drug-free zone, a Class A felony. Following amendments to the Drug-Free Zone Act, the Defendant, in 2022, filed a motion pursuant to Tennessee Code Annotated section 39-17-432(h), seeking resentencing of his Range II sentence of twenty-five years, which included a mandatory minimum service requirement. The trial court found that it could not resentence the Defendant to a lower release eligibility because such was not authorized by the statutory language and denied the motion. We grant certiorari to vacate the trial court’s order and remand for further proceedings consistent with this opinion.

Posted by: Azya Thornton on May 7, 2025

Defendant, Philip Cavitt, appeals as of right from his jury conviction for aggravated sexual battery, for which he was sentenced as a Range II offender to twenty years. On appeal, Defendant contends that the evidence was insufficient to support his conviction. Following our review, we affirm.

Posted by: Azya Thornton on May 7, 2025

This appeal involves a petition to terminate parental rights. The juvenile court found by clear and convincing evidence that two grounds for termination existed as to the father: (1) abandonment by an incarcerated parent and (2) failure to manifest an ability and willingness to assume custody. The juvenile court also determined that termination was in the child’s best interest. The father appeals. We vacate in part, affirm in part, and reverse in part, but ultimately affirm the termination of the father’s parental rights.

Posted by: Azya Thornton on May 7, 2025

This is a health care liability case that centers around the statutory requirements for the pre- suit notice to be provided to defendants pursuant to Tennessee Code Annotated section 29- 26-121. The trial court granted the defendants’ joint motion to dismiss with prejudice after determining the pre-suit notice provided in this matter did not substantially comply with the requirements of Tennessee Code Annotated section 29-26-121. The plaintiff appeals. We affirm.

Posted by: Azya Thornton on May 7, 2025

In this interlocutory appeal, the employer questions the trial court’s order requiring it to provide a panel of physicians. The employee fell at work and reported the accident the same day. The employer offered medical treatment, but the employee declined. At the employer’s request, the employee signed a waiver stating that, although he reported a work- related fall, he had declined medical treatment. The waiver specified that any future claim related to the employee’s injuries would require a medical evaluation arranged through the employer’s workers’ compensation insurer and that he must first notify his supervisor before seeking medical treatment for his injuries. When the employee later requested medical treatment, the employer asserted the employee was not entitled to a medical evaluation because, after waiving treatment the day of the accident, he sought treatment a month later only when he was denied short term disability benefits. Following a hearing, the trial court ordered the employer to provide a panel of physicians to evaluate and treat any work-related injuries but denied the employee’s request for temporary disability benefits because there was inadequate medical proof to support an award of disability benefits. The employer has appealed. Upon careful review of the record, we affirm the trial court’s order and remand the case.

Posted by: Azya Thornton on May 7, 2025

The Department of Justice (DOJ) on Monday said a lawsuit against the Food and Drug Administration (FDA) seeking to restrict the abortion pill mifepristone should be dismissed for lack of standing. In a court filing, the DOJ argued that Idaho, Missouri and Kansas have no ties to Amarillo, Texas, where the lawsuit was filed, and that the states are free to file in their own districts, The Hill reports. The states did not file their own lawsuit but were instead granted the ability to intervene in a lawsuit filed by private parties in 2022. The states argue that some of the FDA’s actions to loosen access to mifepristone allowed the pills to flood across their borders, undermining their anti-abortion laws. Last year, the Supreme Court dismissed the original plaintiffs' suit, ruling that private parties had no legal standing to challenge access to the drug.

Posted by: Azya Thornton on May 7, 2025

An official autopsy report has found that a Shelby County Jail inmate died earlier this year from a fentanyl overdose. Justin Segerson was found unresponsive at the jail on Jan. 30 and was taken to Methodist University Hospital, where he died the following day. According to The Daily Memphian, Segerson was one of four inmates to die within a week and one of 61 inmates to have died at the jail since 2019. A recent analysis by paper also revealed that Shelby County surpasses other large counties in Tennessee for inmate deaths. The jail is more overcrowded than it has been in at least five years, and, amid the crowding, more inmates are being placed on suicide watch, according to the Shelby County Sheriff’s Office.


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