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Posted by: Azya Thornton on Feb 25, 2025

The Petitioner, Alexandre Kim, was charged with first degree murder for the October 2012 death of his mother, Estelle Kim. Following a bench trial in 2014, he was found not guilty by reason of insanity and was involuntarily committed to a mental health facility. In 2017, the Petitioner was transitioned to a Mandatory Outpatient Treatment (“MOT”) program pursuant to Tennessee Code Annotated section 33-7-303. In 2021, the Petitioner sought to terminate his MOT by filing a petition in the trial court. After several hearings on the matter, the trial court denied his petition based, in large part, on the Petitioner’s request to move out of state. The Petitioner now appeals from this denial arguing he meets all requirements for termination. After review, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Feb 25, 2025

Defendant, Caitlyn Brooke Henson, appeals from the trial court’s denial of her motion for expungement. Defendant argues that she is entitled to expungement after her successful completion of a judicial diversion probationary period. We agree with Defendant. Accordingly, we reverse the judgment of the trial court and remand for entry of an order of expungement pursuant to Tennessee Code Annotated section 40-35-313.

Posted by: Laura Labenberg on Feb 25, 2025

TBA YLD members will be voting on one contested election this year. Ballots were sent by email yesterday and are due back by March 9. Two candidates are running for District 9 representative on the YLD Board: Nashville lawyer Ginny Blake and Hendersonville lawyer Kaley Bonett. The email was sent from Intelliscan Inc. Those who did not receive the email in their inbox should check their spam folder. If it still was not received, members should contact elections@tnbar.org to request that it be resent. Learn more about the candidates.

Posted by: Azya Thornton on Feb 25, 2025

This is the second appeal in this action involving a petition to terminate the mother’s parental rights to her child and to allow the petitioners to adopt the child. In the first appeal, the petitioners challenged the trial court’s determination that despite establishment of a statutory ground for termination, the petitioners had failed to demonstrate that termination of the mother’s parental rights was in the child’s best interest. This Court affirmed the trial court’s finding as to the statutory ground. However, concluding that the trial court had erred by applying an outdated set of statutory best interest factors, this Court reversed the trial court’s judgment and remanded for consideration of the updated factors. On remand and following an evidentiary hearing, the trial court confirmed its previous determination that the petitioners had failed to demonstrate clear and convincing evidence that termination of the mother’s parental rights would be in the child’s best interest. Accordingly, the trial court dismissed the petition. The petitioners have appealed, and the mother has raised an additional issue regarding the statutory ground for termination. Discerning no reversible error, we affirm.

Posted by: Julia Wilburn on Feb 25, 2025

U.S. District Judge J. Ronnie Greer of the U.S. District Court for the Eastern District of Tennessee at Greeneville has sentenced Sean Williams to 95 years in prison. The Johnson City man was convicted in July 2024 of escaping prison and in November of three counts of production of child pornography. According to a press release from the U.S. Attorney's Office for the Eastern District of Tennessee, the evidence presented at the child pornography trial showed that Williams used three minor children to engage in sexually explicit conduct and took photos of that conduct. The conduct occurred at Williams’s apartment in Johnson City. Williams also has been accused of sexually assaulted each of the victims’ mothers while they were unconscious, around the same time that he took pornographic photos of their children. No charges have been filed based on those claims.

Posted by: Julia Wilburn on Feb 25, 2025

The Shelby County Board of Commissioners has appointed Taylor Bachelor as the new General Sessions Criminal Court judge for Division 7, replacing Bill Anderson, who will retire March 1. Bachelor will serve until a special election is held in conjunction with the county's August 2026 general election. Anderson’s exit drew 13 applicants, who were interviewed by county commissioners on Friday. Bachelor emerged from a field of seven. On the third ballot, she prevailed over former U.S. Attorney Reagan Fondren, reports the Daily Memphian. Bachelor is an assistant district attorney general and former juvenile court magistrate.

Posted by: Liz Slagle Todaro on Feb 25, 2025

The Tennessee court system continues to navigate difficulties providing legal representation to indigent individuals who are guaranteed counsel. The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a plan to address these challenges. Among the innovative elements of the plan is a proposal to utilize strategic and flexible contracting with attorneys. Contracts with attorneys would be tailored to fit the qualifications of the attorney, the complexity of the case type and the particular needs of the judicial district. In addition, attorneys would have options like committing to indigent representation for a percentage of their time, allowing appointed cases to be balanced with other clients. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today.

Posted by: Julia Wilburn on Feb 25, 2025

International health care law firm McDermott Will & Emery has opened an office in Nashville at 222 2nd Ave. S., Ste. 1840 with four new partners: Ken Marlow, Wells Beckett, Stephen Page and Spencer Green. The lawyers, previously with K&L Gates, will lead the office's Health & Life Sciences Practice Group. “Nashville is home to more than 900 health companies and our new presence gives us a strong connection to the unique health and life sciences ecosystem that has formed there," said Kristian Werling, global head of the practice group. "Simply put, it’s a place that McDermott ... should be." Read more from the firm or from the Nashville Business Journal.

Posted by: Julia Wilburn on Feb 25, 2025

Edward Kelley of Maryville was found guilty of involvement in the Jan. 6, 2021, riot at the U.S. Capitol and of plotting in 2022 to kill FBI investigators who were investigating his actions at the Capitol. In January, Kelley received a pardon from President Donald Trump for offenses "related to events that occurred at or near the United States Capitol on Jan. 6, 2021," which Kelley and his lawyer argue includes the conspiracy to murder charge. Prosecutors in the U.S. Attorney's Office for the Eastern District of Tennessee say that the pardon does not apply to the conspiracy charge and have asked a judge to rule on the matter. If the conviction is upheld, Kelley is to be sentenced May 7, facing a maximum term of life in prison, the Tennessean reports.

Posted by: Julia Wilburn on Feb 25, 2025

Lisa Findley, the Missouri woman accused of trying to auction off Graceland, has pleaded guilty to mail fraud in U.S. District Court in Memphis, according to the U.S. Attorney's Office for the Western District of Tennessee. A not guilty plea previously had been entered on her behalf. Findley was indicted last year on charges of mail fraud and identity theft, but the judge dismissed the identity theft charges as part of a plea deal with prosecutors. A sentencing hearing is set for June 19; prosecutors are recommending 57 months in prison, ABC24 reports. WPLN has a statement responding to the news from Tennessee Attorney General Jonathan Skrmetti.


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