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Posted by: Azya Thornton on Apr 14, 2025

James Anthony Andrews, Petitioner, pleaded guilty in this case to two counts of aggravated assault. At the same hearing, Petitioner pleaded guilty to additional charges in another case. As part of his plea agreement, Petitioner agreed to concurrent eight-year sentences for the aggravated assault charges to run consecutively to a two-year sentence for the charges in the other case—for a total effective sentence of ten years—with the manner of service to be determined by the trial court. The trial court accepted Petitioner’s guilty pleas, and Petitioner applied for probation, which the State opposed. The trial court denied Petitioner’s request for probation, requiring him to serve his ten-year sentence in incarceration. Petitioner subsequently petitioned for post-conviction relief, asserting that his trial counsel was ineffective for failing to adequately investigate the case and that his guilty pleas were not knowingly and voluntarily made. After a hearing, the post-conviction court denied Petitioner’s amended petition. After review, we affirm the judgment of the post-conviction court.

Posted by: Azya Thornton on Apr 14, 2025

Defendant, Jonathan Ellerbasch, Alias, pleaded guilty in the Knox County Criminal Court to aggravated assault with serious bodily injury. Following a sentencing hearing, the trial court imposed a sentence of three years to be served in the Department of Correction. On appeal, Defendant contends that the trial court abused its discretion by denying an alternative sentence and in ordering a sentence of confinement. Following a thorough review, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Apr 14, 2025

The plaintiff filed this lawsuit against her joint employers, asserting sexual harassment/ hostile work environment, retaliation, and other related claims. The employers filed a motion to compel arbitration. The plaintiff opposed the motion and invoked the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401- -402. The trial court deemed the Act applicable and denied the motion to compel arbitration. The employers appeal. We affirm.

Posted by: Azya Thornton on Apr 14, 2025

A husband and wife divorced a little over two years after marrying. On appeal, the wife asserts the trial court erred when it classified five real properties as the husband’s separate property. The wife also takes issue with the court’s division of attorney’s fees and requests her fees on appeal. We find the court failed to make adequate findings related to its division of attorney’s fees. Therefore, we vacate the portion of the order relating to fees and expenses and remand the matter for the court to make additional findings. We affirm the trial court in all other aspects and decline to award the wife her attorney’s fees incurred on appeal.

Posted by: Azya Thornton on Apr 14, 2025

In this divorce with no children, the trial court declared the parties divorced and referred the property issues and requests for attorney’s fees to a special master. The special master recommended an equal division of the marital estate and that each party pay their own attorney’s fees. The wife objected to these recommendations. After a hearing, the trial court adopted the special master’s findings and recommendations, with one small exception. On appeal, the wife challenges the division of the marital estate and the failure to award attorney’s fees. We affirm.

Posted by: Azya Thornton on Apr 14, 2025

Appellant, City of Memphis, has appealed an order of the Shelby County Chancery Court that was entered on June 4, 2024. We determine that the trial court’s order does not constitute a final appealable judgment. As a result, this Court lacks jurisdiction to consider this appeal. The appeal is, therefore, dismissed.

Posted by: Azya Thornton on Apr 14, 2025

This is an interlocutory appeal as of right, pursuant to Tenn. Sup. Ct. R. 10B, filed by Christina Lemek Blackwell (“Petitioner”) seeking to recuse the trial judge in this case. Having reviewed the petition for recusal appeal filed by Petitioner and finding no reversible error, we affirm.

Posted by: Azya Thornton on Apr 14, 2025

A man sought to intervene as of right in a family member’s action for partition of real property. The trial court determined that the proposed intervenor did not have an interest in the subject property. So it denied his request to intervene and his other requests for relief. We affirm.

Posted by: Azya Thornton on Apr 14, 2025

Tennessee Attorney General (AG) Jonathan Skrmetti has announced that his office has filed a lawsuit in Davidson County Chancery Court seeking judicial dissolution of the National Foundation for Transplants Inc. (NFT), a Memphis-based nonprofit that raised funds for organ transplant patients. According to a press release, the lawsuit follows an investigation into the organization’s business practices and handling of patient donations. NFT announced in 2024 that it would cease operations due to financial difficulties. The AG’s Office launched the investigation after receiving complaints from patients and donors who alleged NFT had misrepresented that donations made to specific patients would be restricted for their use. Instead, NFT later claimed those donations were unrestricted and placed in a general fund. Many patients discovered they could no longer access the funds they believed had been raised for their medical needs. The lawsuit, filed under the Tennessee Nonprofit Corporation Act, seeks to dissolve the organization on the grounds that it acted in a persistently fraudulent manner, abused its authority or can no longer fulfill its charitable mission. If granted, the court would oversee the distribution of NFT’s remaining assets to a nonprofit with a similar purpose.

Posted by: Azya Thornton on Apr 14, 2025

Morristown attorney Gary E. Brewer died March 31 at age 79. He received his law degree from the University of Tennessee College of Law in 1969. Brewer was a member of the Hamblen County and Tennessee Bar Associations and the Tennessee Trial Lawyers Association, where he served as president from 1988-1989. He was also a member of the Association of Trial Lawyers of America, the Tennessee Appellate Court Nomination Committee from 1988 to 1992, and a member of the Tennessee Judicial Selection Commission from 1994 to 2006, serving as chairman for two of those years. Brewer was senior partner at Brewer & Terry PC in Morristown. A memorial will be held from 1 to 3 p.m. EDT on April 19 in the East Chapel of Allen Funeral Home, 200 Jaybird Rd., Morristown 37814, followed by a Celebration of Life service at 3 p.m. Memorial donations may be made to Friends of Hospice Serenity House, 421 N. High St., Morristown, TN 37814.


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