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Posted by: Azya Thornton on Feb 7, 2025

BLOOMEKATZ, Circuit Judge. After the Social Security Administration denied her application for disability insurance benefits, Edna Napier challenged that decision in district court. She argued that the administrative law judge (ALJ) erred in denying her benefits by finding that her mental impairments were mild, rather than severe, and by failing to account for those mental impairments in assessing her residual functional capacity. The district court affirmed. Because the ALJ complied with the applicable procedures and his findings were supported by substantial evidence, we affirm.

Posted by: Azya Thornton on Feb 7, 2025

KAREN NELSON MOORE, Circuit Judge. In March 2020, Andrew Cooperrider expressed on social media his dissatisfaction with Kentucky Governor Andrew Beshear’s actions in response to the COVID-19 pandemic. Cooperrider, the owner of Brewed, a coffee shop and bar in Lexington, took specific offense to Governor Beshear’s executive orders requiring masks indoors and prohibiting indoor dining and drinking. Then, in November 2020, the Kentucky Department of Alcoholic Beverage Control (“DABC”) suspended Brewed’s alcohol license. Upon DABC’s official revocation of Brewed’s license in March 2022, Cooperrider filed suit against the Governor, the DABC commissioner, and a number of other executive-branch officials alleging First Amendment and due-process violations. According to Cooperrider, his social media postings and the license-revocation action were connected: the Governor and DABC had allegedly revoked Brewed’s alcohol license in retaliation for Cooperrider’s protected speech criticizing Beshear and his COVID-19 policies. All defendants responded to the suit by moving to dismiss. The district court granted those motions and dismissed the case. Cooperrider and Brewed now appeal. We hold that the district court correctly determined that the vast majority of Cooperrider’s claims are barred by the doctrines of absolute, qualified, and sovereign immunity, and that it correctly determined that Cooperrider’s remaining substantive-due-process claim fails the Rule 12(b)(6) pleading standard. So we AFFIRM IN PART the dismissals. But because we hold that the district court improperly granted qualified immunity to Appellees Beshear, Perry, and Duke as to Cooperrider’s First Amendment retaliation claim, we REVERSE IN PART and REMAND for further proceedings.

Posted by: Azya Thornton on Feb 7, 2025

Defendant, Terrell Shannon, was convicted by a Shelby County jury of rape of a child and aggravated assault. The trial court imposed an effective sentence of forty-six years. Defendant appeals, arguing that the evidence was insufficient to support his conviction for rape of a child and that his convictions violate double jeopardy protections. Upon our review, we conclude that Defendant has failed to prepare a sufficient brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee Court of Criminal Appeals Rule 10(b). Accordingly, his issues are waived, and the appeal is dismissed.

Posted by: Azya Thornton on Feb 7, 2025

The Defendant, Charles C. Roberts, pled guilty to burglary of an automobile. The plea agreement provided that the Defendant would be sentenced to a term of six years, aligned consecutively to a previous case, with the trial court to determine the manner in which the sentence would be served. After an initial hearing, the trial court ordered the Defendant not to have contact with a third party and reset the resolution. After the State alleged that the Defendant violated the no-contact order, the court sentenced him to serve the sentence in the Tennessee Department of Correction. On appeal, the Defendant argues that (1) he did not violate the terms of the order; but (2) even if he did, the trial court abused its discretion in ordering a sentence of confinement based upon this circumstance. Upon our review, we respectfully disagree and affirm the judgment of the trial court.

Posted by: Azya Thornton on Feb 7, 2025

A Maury County jury convicted the Defendant, Richard Faulk, of aggravated vehicular homicide, and he was subsequently sentenced to twenty years’ imprisonment. In this direct appeal, the Defendant argues the trial court erred in (1) allowing two Tennessee State Troopers who were certified as experts in accident reconstruction to testify as experts in occupant kinetics and (2) allowing the State to introduce a copy of the Defendant’s Tennessee Department of Safety driving record as evidence of his prior convictions when a copy of the driving record was not provided to the Defendant at the arraignment as required by Tennessee Code Annotated § 55-10-405(d). The Defendant also argues that the evidence is insufficient to support his conviction. Discerning no reversible error, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Feb 7, 2025

Tracy D. Boyd, Jr., Petitioner, pleaded guilty to three counts of impersonating a licensed professional, one count of theft of property, and one count of forgery. Petitioner subsequently filed a petition for post-conviction relief, alleging that the indictments against him were defective, that he had received the ineffective assistance of counsel, that his guilty plea was entered under duress, and prosecutorial misconduct. The post-conviction court summarily dismissed each of Petitioner’s allegations. Petitioner now timely appeals. After review, we remand this case to the post-conviction court for entry of a written order that sufficiently addresses all grounds presented by Petitioner, and which states the court’s findings of fact and conclusions of law regarding each ground as required by Tennessee Code Annotated section 40-30-111(b).

Posted by: Azya Thornton on Feb 7, 2025

This appeal concerns the entry of an order of protection. The alleged victim’s father filed the initiating petition based upon an allegation of stalking. We vacate the entry of the order of protection, finding no evidence to sustain the petition.

Posted by: Laura Labenberg on Feb 7, 2025

The TBA Young Lawyers Division (YLD) is launching a new program to address the critical shortage of attorneys in rural Tennessee counties, while providing law students an opportunity for meaningful and enriching clerkship experiences. The Rural Judicial Fellowship (RJF) will give six rising 2L, 3L or 4L law students the opportunity to spend six weeks of the summer as a judicial law clerk in a legal community in rural Tennessee. The program will provide a $1,000 stipend and the opportunity to work directly with judges, gaining practical legal experience and fostering connections in underserved areas. Fellows also will be funded to attend the TBA's Annual Convention in June and be recognized by Tennessee's Supreme Court justices. View a flyer and access the application for more information.

Posted by: Azya Thornton on Feb 7, 2025

On Feb. 6, the Supreme Court of Tennessee released an opinion affirming in part, and reversing in part, the decision of the Sullivan County Chancery Court imposing a public censure on Sullivan County Lawyer, Frank L. Slaughter Jr., pursuant to Tennessee Supreme Court Rule 9, Section 12.4. The Supreme Court affirmed the findings of the disciplinary hearing panel that Slaughter improperly disclosed confidential information about a juvenile client to third parties without the client’s informed consent in violation of Tennessee Rule of Professional Conduct 1.6(a). The court reversed the finding that Slaughter violated Rule of Professional Conduct 4.4(a)(1).

Posted by: Azya Thornton on Feb 7, 2025

The TBA Tort and Insurance Law Section will host its annual forum on Feb. 20 as a live virtual event that will run from 9 a.m. to 12:30 p.m. CST. The program will feature sessions on first-party claims, health care liability and an ethics course focused on the art of advocacy without aggression. For more information and to register, visit TBA’s website.


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