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Posted by: Azya Thornton on Oct 22, 2024

Several months before the COVID-19 pandemic began, defendant Tamir Abdullah—a federal prisoner convicted of crack-cocaine offenses—moved to reduce his sentence under Section 404 of the First Step Act of 2018. He sought to benefit from the Fair Sentencing Act’s aim at lessening the sentencing disparity between offenses involving crack cocaine and those involving other types of cocaine, made retroactive by the First Step Act. Over the next four and a half years, Abdullah continued to press his sentence-reduction arguments through several filings and at a hearing on his motion. When the district court finally decided Abdullah’s motion, it failed to address the motion’s merits; the court instead construed the motion as one seeking “compassionate release” due to the pandemic and denied it because Abdullah’s prison had only two positive cases of COVID-19 at the time. Though the district court undoubtedly erred in its interpretation of Abdullah’s motion, we nevertheless affirm the denial of the motion because intervening caselaw prohibits Abdullah from receiving a sentence reduction under the Fair Sentencing and First Step Acts.

Posted by: Azya Thornton on Oct 22, 2024

Aaron Malone, Petitioner, was convicted of first degree felony murder for his role in a murder that took place during an attempted robbery and sentenced to life in prison. State v. Malone, No. W2009-02047-CCA-R3-CD, 2011 WL 1005487, at *1 (Tenn. Crim. App. Mar. 22, 2011), perm. app. denied (Tenn. July 13, 2011). His conviction and sentence were affirmed on direct appeal. Petitioner unsuccessfully sought post-conviction relief. Malone v. State, No. W2016-00666-CCA-R3-PC, 2017 WL 1404374, at *15 (Tenn. Crim. App. Apr. 18, 2017), perm. app. denied (Tenn. Aug. 21, 2017). Petitioner then filed a “Petition to Reopen for Requesting DNA Post-conviction.” The post-conviction court summarily dismissed the petition, and Petitioner timely appealed, arguing that: (1) the post- conviction court erred by failing to address and make findings of fact regarding all four requirements of Tennessee Code Annotated section 40-30-304 in its order denying the petition; (2) the post-conviction court erred in finding the evidence was previously subjected to DNA analysis; (3) the post-conviction court erred in finding there was not a reasonable probability that Petitioner would not have been prosecuted or convicted if exculpatory results were obtained from DNA analysis; (4) the post-conviction court erred in dismissing the petition without a hearing; and (5) the post-conviction court erred by failing to appoint new counsel after counsel informed the court he was leaving the jurisdiction. After a review, we affirm the judgment of the post-conviction court.

Posted by: Azya Thornton on Oct 22, 2024

This appeal concerns the estate of Dr. Hillery W. Key (“Dr. Key”), who died testate in 1912. These proceedings began in 1998 in the Chancery Court for Tipton County (“the Trial Court”). The parties are descendants of Dr. Key. Odessa Rose and Marilyn Locke (“Plaintiffs,” collectively) advocate a per capita distribution of Dr. Key’s estate. Carolyn Fields Hayes and Frederick Fields (“Hayes Defendants,” collectively) and Larry Murrell, Jr., Joyce A. Carter, Dorethea McIntyre, and Lynnie Higgs (“Murrell Defendants,” collectively) (“Defendants,” all defendants together) assert that this Court, in a 2005 opinion, already decided upon a per stirpes distribution. The parties reached an agreement on the record in open court ostensibly ending this long-running matter, but Plaintiffs have appealed anyway. Defendants filed motions to dismiss. We hold, inter alia, that Plaintiffs are bound by the agreement announced in court whereby the parties waived their right to appeal. We hold further that the law of the case doctrine prevents Plaintiffs from relitigating the distribution of Dr. Key’s estate. We affirm. Defendants’ motions to dismiss are denied as moot. We find this appeal frivolous, and remand for the Trial Court to award Defendants reasonable attorney’s fees and expenses under Tenn. Code Ann. § 27-1-122, to be paid by Plaintiffs rather than from the common fund in this case.

Posted by: Azya Thornton on Oct 22, 2024

The trial court terminated a father’s parental rights to a minor child based on severe abuse. The trial court also concluded that terminating the father’s parental rights was in the child’s best interests. Father appeals. Discerning no error, we affirm the trial court’s ruling.

Posted by: Azya Thornton on Oct 22, 2024

This case involves dueling declaratory judgment actions arising out of a deed of conservation easement dated December 31, 2007, encumbering property located within the Town of Farragut in Knox County. The trial court found in favor of Foothills Land Conservancy and awarded the nonprofit its damages, expenses, and attorneys’ fees. Upon review, we affirm.

Posted by: Stacey Shrader Joslin on Oct 22, 2024

The Knoxville Bar Association and the U.S. Bankruptcy Court for the Eastern District of Tennessee, in partnership with Legal Aid of East Tennessee (LAET), will hold a Debt Relief Clinic on Nov. 9 to provide pro bono legal services to income-eligible consumer debtors in Knox, Blount, Loudon and Sevier counties. The clinic will begin at 8:45 a.m. EDT at the Knox County Public Defender's Community Law Office, 1101 Liberty St., Knoxville 37919. Judge Suzanne Bauknight will present a short overview of the bankruptcy system and then volunteer lawyers will conduct initial meetings with the clients to discuss their situations and options. Those interested in helping should register online. Clients seeking advice should register by Nov. 1 by calling 865-637-0484.

Posted by: Stacey Shrader Joslin on Oct 22, 2024

Cleveland resident Chad Hedgcock has pleaded guilty to two of four misdemeanor counts he was charged with in May, Chattanooga Times Free Press reports. Hedgcock was originally charged with entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, picketing or demonstrating in a Capitol building. In the plea agreement, he pleaded guilty to disorderly conduct in a Capitol building and parading, picketing or demonstrating in a Capitol building. A number of Tennesseans have been charged with crimes stemming from the riot at the U.S. Capitol on Jan. 6, 2021.

Posted by: Stacey Shrader Joslin on Oct 22, 2024

Attorneys for the city of Memphis say they require cell phone records from Tyre Nichols' parents, friends and telephone companies to prepare a defense in a civil lawsuit from Nichols' mother RowVaughn Wells. She is seeking $550 million in damages for the death of her son following his interactions with local police. The amount, according to Wells, is based on Nichols' life aspirations, potential earnings and health. The city says it needs to be able to corroborate that depiction of Nichols. The request for records came in a court filing that also argued the case could "essentially bankrupt" the city. Wells is challenging subpoenas for the records, arguing the move is an invasion of privacy and harassment. The Commercial Appeal reports on the issue.

Posted by: Stacey Shrader Joslin on Oct 22, 2024

LBMC, an accounting and business consulting firm, recently announced it has expanded its practice areas to include family law support services. The service will be led by new shareholders Cheryl Panther and Scott Womack and will provide expertise and specialized support for litigated divorce and family law matters, as well as collaborative and mediation processes. Prior to joining LBMC, Panther founded Panther Financial Planning and Panther Financial Divorce Solutions. She is also a Rule 31 mediator. Womack previously served as senior vice president at Mercer Capital. He works closely with family law attorneys in divorce matters including valuation of assets, forensic accounting and expert testimony. Read more in a release from the company.

Posted by: Laura Labenberg on Oct 22, 2024

The TBA YLD's Rookie Series continues with Personal Injury Law Part 2 on Dec. 13 at noon CST. This virtual session will offer a deeper exploration of the challenges of personal injury law. It builds upon foundational knowledge to address advanced topics essential for handling more difficult personal injury cases. It also will cover complex liability scenarios, strategies for catastrophic injury claims and advanced litigation techniques. Get more information and register for the webcast. Did you miss Part I? Check it out here.


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