A former prosecutor has sued Nashville District Attorney General Glenn Funk, accusing him of violating her First Amendment rights by allegedly forcing her out of her job after she served on a jury in a case prosecuted by the office. Katie Hagan voted to find the defendant not guilty after which she says Funk “berated” her for her actions, “accused her of being unethical” and reassigned her to desk work. She ultimately resigned. Hagan argues that she did not believe she could decline the jury summons given the office’s policy, which states: "Jury service is a responsibility of good citizenship, and all employees are expected to honor subpoenas for jury duty in any court. It is the office policy that employees serve rather than seek to be excused or exempted. Jury service is both a privilege and an obligation." NewsChannel 5 reports on the suit.

The two parties in the legal dispute over ownership of the Swan Ball have reached a "settlement in principle" that will determine who owns the annual event, the Cheekwood Botanical Garden or a group of volunteers who produce the multi-day, invitation-only event. Attorneys for both parties submitted a joint statement to a federal judge on Oct. 14 saying that the court mandated mediation — which lasted 10.5 hours, resulted in the preliminary agreement, according to the Nashville Business Journal. In July, a group of volunteers sued Cheekwood, accusing it of "planning a coup" to take control of the gala's planning and operations, Cheekwood then filed a countersuit. In September, a court ruled in favor of the volunteers, finding that the group overseeing the event provided "sufficient evidence" of ownership. U.S. Magistrate Judge Barbara Holmes gave the parties until Nov. 15 to file formal paperwork to dismiss the lawsuit or to update the court on efforts to reach a finalized agreement.

Don’t miss this week’s Health Law Forum, taking place Oct. 17-18 in Cool Springs. The must-attend event for Tennessee health care lawyers features top experts providing essential updates and discussion on issues affecting the practice area. Topics for this year’s forum include digital health, cybersecurity, litigating enforcement actions, provider/payor disputes, AI in health care, regulatory fraud and abuse, transactions, Tennessee legislative updates, a state case review, ethics and more. View the agenda and register here.

Acting U.S. Attorney for the Western District of Tennessee Reagan Fondren announced her office is joining the Department of Justice in commemorating October as Domestic Violence Awareness Month (DVAM). Last month, the Justice Department's Office on Violence Against Women awarded over $228.5 million in grants for services for survivors of domestic violence. DVAM also includes a national day of action, "Purple Thursday," observed Oct. 17, when advocates are encouraged to wear purple and start a conversation about domestic violence. Read more about DVAM and domestic violence resources in a release from Fondren's office.

On Oct. 25, the Corporate Counsel Section will host a webinar that will explore how in-house legal teams can effectively balance the strategic advantages and inherent risks of integrating artificial intelligence (AI). Topics will include what AI is and its practical applications, key risks and considerations to address before implementing AI, AI governance frameworks and compliance, ethical challenges and responsible AI use. Attendees will gain insights on managing AI in the corporate environment while mitigating legal and ethical concerns. Register here.

TBA’s Group Health Insurance, provided by BlueCross BlueShield, offers guaranteed issue coverage, with no health questions and no pre-existing condition exclusions. The Knoxville law firm Butler Vines & Babbs made the switch. Here is what firm administrator David T. Kristy says about the program: “When the TBA Member Insurance Solutions Plans first came out, the benefits and premiums offered were so close to what we currently had for our small firm (18 participants) that we elected to pass on the opportunity. However, we evaluated these plans each year and in 2023, the insurance carrier, benefit levels and especially premium costs were clearly way ahead of the competition! We went with the TBA plan in 2023 and over the past two years have saved over $62,000 for the same level of coverage for our employees. I would not hesitate to recommend that other law firms seriously evaluate the TBA plans.” Find out more or get your quote now.

Judge Barry Brown, who served as Sumner County’s juvenile judge for 32 years, died Oct. 10. During his time with the court, Brown established a Court Appointed Special Advocates (CASA) program in the county, a Sumner County Teen Court, a Victim/Offender Reconciliation Program (VORP) and a program to educate first-time offenders about the dangers of drug abuse. The Nashville School of Law graduate retired from the bench in 2017. Services were held today. Memorial donations may be made to Sumner County CASA, 182 West Franklin St., Gallatin, TN 37066. Main Street Media has more on his career and reflections from colleagues.

The pro se Defendant, Brandon Theus, appeals from the trial court’s denial of his Tennessee Rule of Criminal Procedure 36 motion to correct a clerical mistake in his judgments of convictions for simple possession of methamphetamine and driving on a suspended license. The Defendant argues the trial court should have granted his motion to award pretrial jail credit on his sentence in the instant case, which had been ordered to run consecutively to separate cases that were pending parole revocation proceedings at the time of the Defendant’s sentencing. The State contends that the Defendant’s appeal was untimely, that the record is inadequate for review, and, nonetheless, that the trial court did not abuse its discretion by denying the Defendant’s motion to correct a clerical mistake. We conclude that the appeal is timely and affirm the judgment of the trial court.

Following a jury trial, the Defendant, Shawn Foutaine Shaw, was convicted of first degree premeditated murder, first degree felony murder, especially aggravated kidnapping, and aggravated assault. On appeal, the Defendant claims that his convictions for especially aggravated kidnapping and aggravated assault violate the prohibition against double jeopardy. He also raises an evidentiary issue regarding the testimony of a witness at trial. After a thorough review of the record, we remand the case to the trial court for entry of an amended judgment in count 2 and corrected judgments in counts 3 through 6. In all other respects, we affirm the judgments of the trial court.

The Defendant, Kenneth Ray Niles, appeals from his convictions in the Dickson County Circuit Court for two counts of first degree premeditated murder, two counts of first degree felony murder, and one count each of aggravated arson, a Class A felony; especially aggravated robbery, a Class A felony; theft of property, a Class D felony; and aggravated criminal trespass, a Class A misdemeanor. See T.C.A. §§ 39-13-202 (2014) (subsequently amended) (first degree felony murder), 39-14-302 (2018) (aggravated arson), 39-13-403 (2018) (especially aggravated robbery), 39-14-103 (2018) (theft of property), 39-14-406 (2014) (subsequently amended) (aggravated criminal trespass). He received an effective sentence of life plus fifty years. The Defendant contends that (1) the jury’s verdict was contrary to the weight and sufficiency of the evidence, (2) the trial court erred by failing to exclude evidence found in the Defendant’s wife’s truck, and (3) the trial court erred by admitting photographs of the victims. We affirm the judgments of the trial court.