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Posted by: Azya Thornton on Oct 4, 2024

This is an interlocutory appeal from the trial court’s order granting the motions of Defendant, Larry McKay, (“Defendant”) and Shelby County District Attorney General, Steven J. Mulroy, (“DA Mulroy”) to disqualify the Office of Attorney General and Reporter (“Attorney General”) from representing the State during Defendant’s capital error coram nobis proceeding. The trial court concluded that a recently enacted statute, which gave the Attorney General “exclusive control over the [S]tate’s defense of the request for collateral review” in capital cases, see 2023 Tenn. Pub. Acts ch. 182 (“Public Chapter 182”), violated Article VI, § 5 of the Tennessee Constitution. The Attorney General obtained permission from the trial court and this court to file an interlocutory appeal on behalf of the State to address this constitutional issue of first impression. After thoroughly considering the briefs and arguments of the parties and amici curiae, this court concludes that the trial court erred in finding that Public Chapter 182 was unconstitutional. Accordingly, the order of the trial court is reversed, and this case is remanded for further proceedings.

Posted by: Azya Thornton on Oct 4, 2024

A Hawkins County jury convicted the Defendant, Johnathan James Gilley, of aggravated assault for which he received a fifteen-year sentence of imprisonment. In this direct appeal, the sole issue presented for our review is whether the evidence is sufficient to support the element of serious bodily injury to sustain an aggravated assault conviction. We affirm.

Posted by: Azya Thornton on Oct 4, 2024

This appeal concerns the statute of limitations for a will contest. David Estes (“Petitioner”) filed a will contest in the Probate Court for Wilson County (“the Probate Court”) seeking to set aside the will of Petitioner’s father, Joe Richard Estes (“Decedent”). Jennifer Brooke Estes Little, Executrix of the Estate of Joe Richard Estes (“Respondent”), Petitioner’s sibling, filed a motion to dismiss arguing that the applicable two-year statute of limitations had expired by the time of day that Petitioner filed his will contest. The Probate Court granted Respondent’s motion. Petitioner appeals to this Court. Petitioner’s will contest was filed two years from the date that Decedent’s will was admitted to probate; thus, it was timely filed. The exact hour and minute of the day the will contest was filed is immaterial. We, therefore, vacate the judgment of the Probate Court, and remand for this case to proceed.

Posted by: Azya Thornton on Oct 4, 2024

Pro se litigant sought to receive part of the proceeds of a delinquent tax sale. The trial court found that she failed to prove her case. She appealed. We dismiss the appeal due to her failure to follow Tennessee Rule of Appellate Procedure 27.

Posted by: Azya Thornton on Oct 4, 2024

The Tennessee Supreme Court has activated a limited disaster plan for trial courts in four judicial districts impacted by severe flooding from Hurricane Helene. The order extends deadlines for filings, statutes of limitation and certain court orders by 45 days, from Sept. 26 to Nov. 12. Orders of protection and temporary injunctions that would otherwise expire between those dates are now extended until Nov. 12. This action follows emergency declarations by Gov. Bill Lee and President Joe Biden that an emergency exists in the state of Tennessee, including parts of the First, Second, Third and Fourth Judicial Districts, according to a press release from the Administrative Office of the Courts.

Posted by: Stacey Shrader Joslin on Oct 4, 2024

The Tennessee Supreme Court today issued an order amending Rule 13 to among other things, make changes to the Administrative Office of the Court’s (AOC) Claims and Payment System (ACAP). To give the AOC time to implement the changes, the court set the effective date for Sec. 6(a)(1) as Dec. 1. All other changes — including those related to the financial obligations of parents, legal custodians and guardians in cases when a guardian ad litem is appointed and the crimes that affect the maximum compensation allowed for appointed criminal cases — will take effect immediately. The AOC had proposed various amendments to the rule on March 7. The court accepted comments on the proposal through May 6.

Posted by: Azya Thornton on Oct 4, 2024

The TBA’s Animal Law Section held its annual forum today at the Nashville Zoo. Attendees heard from experts on issues affecting veterinary clinics and topics related to pet and animal liability, regulations and oversight in animal research, the veterinary client-patient relationship, pet trusts and more. Attendees also had the opportunity to explore the zoo during lunch and get to know two of the zoo’s residents — a python and anteater. See photos from the event.

Posted by: Liz Slagle Todaro on Oct 4, 2024

Hurricane Helene has become one of the deadliest storms in the U.S., with over 200 deaths and hundreds still missing across six states, according to the Washington Post. The American Bar Association shared updates and ways to help across the entire region. The TBA continues to work closely with Tennessee Alliance for Legal Services (TALS), other partner organizations and government agencies on the provision of free civil legal services for those affected by Helene, including legal clinics. In Tennessee, the TALS 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.

Posted by: Stacey Shrader Joslin on Oct 4, 2024

Shelby County lawyer Cynthia Jeanne Tobin received a public censure from the Tennessee Supreme Court on Oct. 3. As a certified estate planning specialist, Tobin provided estate planning services for a client, including drafting multiple living trusts. At the client’s request, Tobin listed herself as the beneficiary of a gift of $30,000 and a necklace. The court found that Tobin did not advise the client of ethics restrictions against such a bequest and did not decline to represent the client to avoid ethical issues. Instead, she listed her law partner as the drafter of the documents without his knowledge. Her actions were determined to violate Rules of Professional Conduct 1.8(c), 1.16(a)(1), 2.1, 4.1(a) and 8.4(c).

Posted by: Stacey Shrader Joslin on Oct 4, 2024

Schyler M. Cox was censured by the Tennessee Supreme Court on Oct. 3 for falsely claiming her work hours. At the time of the violation, Cox was working remotely from South Carolina for a company that places attorneys to work in full-time positions as in-house counsel. The company required employees to submit weekly timesheets confirming completion of required hours. During a seven-week period, Cox was unable to complete any work due to personal issues, but submitted timesheets falsely claiming she worked the required hours. Her actions were determined to violate South Carolina Rules of Professional Conduct 8.4(b), 8.4(c) and 8.4(d).


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