GRIFFIN, Circuit Judge. Defendant Tarrence Parham pleaded guilty to being a felon in possession of a firearm. During sentencing, the district court concluded that Parham’s prior Tennessee conviction for attempted second-degree murder constituted a crime of violence under the Sentencing Guidelines and thus increased his base offense level. Parham challenges that conclusion on appeal, as well as the district court’s refusal to dismiss the indictment on Second Amendment grounds. Because the elements of attempted second-degree murder in Tennessee categorically match the Guidelines’ definition of a “crime of violence,” and because binding precedent forecloses his Second Amendment argument, we affirm.

The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition was then circulated to the full court.* Less than a majority of the judges voted in favor of rehearing en banc.

Therefore, the petition is denied.

Defendant, William Tony Burrell, was indicted for driving under the influence (DUI), possession of a handgun while under the influence, possession of a handgun by a convicted felon, and violation of the implied consent law. After Defendant’s motion to suppress evidence obtained against him during a traffic stop that led to his arrest was denied by the trial court, Defendant entered into negotiated guilty pleas to one count of DUI and one count of possession of a handgun while under the influence. Pursuant to the plea agreement, the parties reserved a certified question of law for appeal under Tennessee Rule of Criminal Procedure 37(b)(2). After review, we conclude that we do not have jurisdiction to address the certified question because the certification did not meet the requirements of Rule 37(b)(2) and State v. Preston, 759 S.W.2d 647 (Tenn. 1988), and we dismiss the appeal.

This is the second interlocutory appeal in this case. The claimant asserts he sustained significant head injuries and brain trauma while working at one of the employer’s job sites. The employer denied the claim, contending that the claimant was an independent contractor at the time of the accident. Following an expedited hearing, the trial court denied the claimant’s request for benefits, concluding he had failed to provide sufficient evidence that he would likely prevail at trial in establishing he was an employee. Thereafter, the employer filed a motion for summary judgment accompanied by a statement of undisputed facts, asserting the claimant was unable to prove, as a matter of law, that he was an employee of the defendant at the time of the accident. Following a hearing on the employer’s motion, the trial court determined that genuine issues of material fact exist regarding the claimant’s employment status and denied the employer’s motion. The employer appealed. We vacated the trial court’s order and remanded the case for the trial court to address the effect, if any, of the claimant’s failure to respond to the employer’s statement of undisputed facts. On remand, the court again denied the employer’s motion for summary judgment, concluding that the employer had failed to meet its initial burden of production as described in Rule 56 of the Tennessee Rules of Civil Procedure. The employer has appealed. After careful review of the record, we affirm the trial court’s order for reasons other than those stated by the court, and we remand the case.

In the wake of Hurricane Helene, organizations that serve victims of natural disasters are continuing to provide updated resources. The National Consumer Law Center has updated some of its natural disaster resources, including free publications for advocates assisting victims of natural disaster and others working to rebuild. In Tennessee, the Tennessee Alliance for Legal Services' website Help4TN and helpline 844-HELP4TN are always available and have specific resources and legal support for storm survivors. Lawyers from across the state are invited to complete this online form to volunteer to help disaster survivors. The TBA Disaster Resources page offers general information for those impacted by disasters, as well as those seeking to provide assistance. The TBA's Helene Disaster Response page has information and resources specific to this disaster.

The U.S. 6th Circuit Court of Appeals delivered a ruling Friday that temporarily halted two permits needed to begin construction on a pipeline project proposed to fuel the Tennessee Valley Authority’s (TVA) combined-cycle natural gas facility at the site of the coal-fired Cumberland Fossil Plant that is being retired, the Associated Press reports. The panel's split 2-1 decision prevents Tennessee Gas Pipeline Company LLC from starting to build the 32-mile pipeline through Dickson, Houston and Stewart counties, which was reported to start as soon as this week. TVA’s plans to open more natural gas plants have brought opposition from advocates seeking a redirection from fossil fuels and into solar and other renewable energy. The case is set for oral arguments on Dec. 10. 

Tennessee Bar Journal Editor Julia Canada Wilburn spoke on a panel today at the National Association of Bar Executives (NABE) Communications Section Workshop in Raleigh, North Carolina. She focused her remarks on working with journal editorial boards. Other panelists talked about magazine layout and design, operations and finding new advertisers. The Communications Section holds its annual professional development workshop each fall in different cities across the country. TBA staff have a long history of participation and leadership in the section.

A federal judge has delayed sentencing for Desmond Mills Jr., one of the former Memphis police officers charged in the death of Tyre Nichols. U.S. District Judge Mark Norris moved the sentencing date to early next year after a petition from Mills’ attorney, the Daily Memphian reports. The move to postpone sentencing comes after two other former officers asked for acquittals of their convictions on charges related to Nichols’ death. Mills agreed to a federal plea in November 2023.

Belmont Law is hosting its first Reentry Simulation partnership with the Tennessee Prison Outreach Ministry on Oct. 25 from 1-4 p.m. CDT in the Baskin Building Commons Area, 1901 15th Ave S, Nashville 37212. During the simulation, attendees will take on a new identity and experience real-life situations that individuals face during reentry. Each participant is equipped with a "Life Card" detailing criminal background, living and job situations, and specific weekly tasks crucial for avoiding potential return to prison as they experience the first month of post-release life. Registration is free but required.

Faith-based leaders, law enforcement and community members will gather Oct. 24 for the “Protecting Places of Worship Forum” in Memphis. Hosted by the U.S. Department of Justice’s Community Relations Service (CRS) and the U.S. Attorney’s Office for the Western District of Tennessee, the forum will address the growing concern over hate crimes targeting places of worship. The event will take place from 8 a.m. to 1 p.m. CDT at the FedEx Event Center at Shelby Farms Park, 415 Great View Dr. E., Cordova 38018. Attendance is free, but registration is required. Get more information and register online.