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Posted by: Stacey Shrader Joslin on May 5, 2025

Federal Public Defender Dumaka Shabazz will be honored next month with the Tennessee Bar Association’s (TBA) 2025 Claudia Jack Award. Named for the late Claudia Jack, a long-time champion of the poor and underprivileged and a public defender in Maury County, the award is presented to an outstanding public defender or court-appointed private practitioner who serves the legal community and clients in an exemplary fashion. Shabazz, who works in the Middle District of Tennessee, is being honored for his many contributions to the legal profession, both in Tennessee and on the national stage. In announcing the award, TBA President Ed Lanquist Jr. said, “Dumaka Shabazz embodies the unwavering dedication to justice envisioned by the Claudia Jack Award. His work on behalf of clients, his dedication to mentoring the next generation of public defenders, and his commitment to serving the community make him a deserving recipient for this year’s award. His commitment and dedication mirrors Claudia’s.” The award will be presented at the TBA Annual Convention in Franklin on June 13 during the Lawyers’ Luncheon. Read more in the TBA’s press release.

Posted by: Laura Labenberg on May 2, 2025

The TBA YLD returned to Belmont University College of Law in Nashville for its second trial college. This year's program covered a range of litigation topics including building your trial notebook, direct and cross examination, planning and presenting evidence, opening statements and closing arguments. It concluded with a panel of experienced judges designed to provide insights from the judicial perspective. TBA YLD CLE Chair Samantha Ellis served as host and moderator. See photos from event.

Posted by: Azya Thornton on May 2, 2025

The Memphis suburb of Germantown and a city resident have reached a settlement in a federal lawsuit over the use of giant skeleton decorations in holiday displays. The Foundation for Individual Rights and Expression (FIRE), which represented resident Alexis Luttrell, and the city agreed to a $24,999 settlement in exchange for the dismissal of Luttrell’s First Amendment lawsuit, according to a news release. FIRE told The Commercial Appeal the settlement came shortly after the Germantown Board of Mayor and Aldermen unanimously approved the final reading to repeal the city’s holiday decoration ordinance during its April 28 meeting. The board did not discuss a new ordinance. In March, Germantown voluntarily dismissed charges against Luttrell for keeping skeletons in her yard beyond the 30-day limit set by the city’s property maintenance code, less than a month after FIRE filed the lawsuit.

Posted by: Julia Wilburn on May 2, 2025

Nashville School of Law (NSL) Dean William C. Koch Jr. announced Nashville attorney Marlene Eskind Moses as a new member of the NSL Board of Trust. Moses is a partner in the family law section at Gullett Sanford Robinson & Martin (GSRM Law) where she specializes in family law litigation, mediation, arbitration and collaborative law. Moses has been a staunch advocate of NSL since she graduated in 1980. “I am thrilled to be a board member at the Nashville School of Law," Moses said. "I owe the school a lot in terms of how it has propelled my life both professionally and personally." Koch stated, "Marlene’s national and international leadership in the field of family law demonstrates that NSL’s law degree enables our graduates to reach the heights of our noble profession.” Moses is a regular columnist for the Tennessee Bar Journal, coauthoring the Family Matters column with her associate, Ansley Owens Tillett. Read a press release from the law school.

Posted by: Azya Thornton on May 2, 2025

BUSH, Circuit Judge. More than six years after his indictment, Defendant-Appellee Eric Schuster moved to dismiss three felony child pornography charges pending against him. He argued the federal government’s failure to bring him to trial violated the Sixth Amendment’s Speedy Trial Clause. Finding that Schuster caused most of the delay, the district court denied his motion. But upon reconsideration, the district court reversed course and dismissed his indictment with prejudice.This is a difficult case, and the record before us should trouble any jurist. Because we respectfully disagree with how the district court applied the factors outlined in Barker v. Wingo, 407 U.S. 514 (1972), however, we REVERSE. Specifically, though some of the delay in Schuster’s trial is attributable to the dilatory action of the district court, Schuster is more to blame for the overall delay. Perhaps most importantly, Schuster failed to sincerely assert his right to a speedy trial in a timely manner—Schuster’s litigation conduct as a whole indicates that he did not want a speedy trial. And his failure to demonstrate prejudice resulting from the delay slams the door shut. Though finding ways to move this case forward more quickly would have been greatly preferable to the actual pace of the proceedings, Schuster was not denied his right to a speedy trial. His prosecution may go forward.

Posted by: Azya Thornton on May 2, 2025

CLAY, Circuit Judge. Plaintiff C.S., by her father and next friend, Adam Stroub, appeals the district court’s grant of summary judgment to Defendants Craig McCrumb, Amy Leffel, and Michael Papanek in this First Amendment action under 42 U.S.C. § 1983. For the reasons set forth below, we AFFIRM the judgment of the district court.

Posted by: Azya Thornton on May 2, 2025

The Petitioner, Joseph George Schenck, appeals the trial court’s summary denial and dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that his sentence is illegal because he did not sign the circuit court judgment forms and it was neither explained to him nor announced on the record that he was required to serve 75% of his sentence before he was eligible for work release, furlough, trusty status, or rehabilitative programs. Upon review, we affirm the judgment of the trial court.

Posted by: Azya Thornton on May 2, 2025

A Knox County jury convicted the Defendant, Robert L. Hall, Jr., of one count of possession of cocaine with the intent to manufacture, sell or deliver, two counts of possession of a firearm during the commission of a dangerous felony, two counts of unlawful possession of a weapon, and one count of criminal trespass. The trial court ordered an effective thirty-two-year sentence in the Tennessee Department of Correction. On appeal, the Defendant challenges the sufficiency of the evidence supporting his convictions for felony possession of cocaine and possession of a firearm during the commission of a dangerous felony. After review, we affirm the trial court’s judgments.

Posted by: Azya Thornton on May 2, 2025

This appeal concerns termination of parental rights. John W. and Kelli W. (“Petitioners”) filed a petition in the Chancery Court for Knox County (“the Trial Court”) against Crystal B. (“Mother”) seeking to terminate Mother’s parental rights to her minor daughter, Sawyer B. (“the Child”). The juvenile court previously found that Mother committed severe child abuse by failing to protect the Child’s half-sibling from abuse by John B., a man Mother lived with. Mother did not appeal the juvenile court’s finding. After a hearing, the Trial Court entered an order terminating Mother’s parental rights on the ground of severe child abuse. Mother appeals, arguing among other things that she left John B. as soon as she could, although she remained with him for months after the termination petition was filed and continued to contact him. We find, as did the Trial Court, that the ground of severe child abuse was proven against Mother by clear and convincing evidence. We find further by clear and convincing evidence, as did the Trial Court, that termination of Mother’s parental rights is in the Child’s best interest. We affirm.

Posted by: Azya Thornton on May 2, 2025

This appeal arises out of a breach of contract action brought by the appellee against the appellant based upon the appellant’s purported breach of a duty to collect and remit to the appellee annual dues owed to it by the appellant’s members. Following a bench trial, the trial court entered judgment in favor of the appellee. Appellant timely appealed to this Court. Discerning no error, we affirm.


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