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Posted by: Stacey Shrader Joslin on Oct 3, 2024

Two legal clinics aimed at helping survivors of Hurricane Helene are being planned in East Tennessee over the next two days. Tomorrow, a clinic will take place from 9 a.m. to 4 p.m. EDT at the Newport Grammar School, 301 College St., Newport 37821. On Saturday, a clinic will be held from 10 a.m. to 2 p.m. EDT at Ober in Hartford, 3565 Hartford Rd., Hartford 37753. No special training is necessary to help survivors file FEMA claims. Since many people have lost their belongings, attorneys who volunteer are asked to bring their own computer, printer and scanner if possible. Those willing to help should let Cocke County attorney Candice Mendez know they plan to participate. She may be reached at 865-474-0380 or Cmendez.law@gmail.com.

Posted by: Azya Thornton on Oct 3, 2024

CHAD A. READLER, Circuit Judge. Timothy Hall participated in a protest in Detroit. As law enforcement broke up the demonstration, a City of Detroit officer tackled and injured Hall. He was later ticketed by a different city officer for disorderly conduct based upon his participation in the rally. Those events resulted in two lawsuits by Hall, one against the City of Detroit and another against city officers, including the one who ticketed Hall. Each suit was based in part on the premise that defendants retaliated against Hall for exercising his First Amendment rights. After consolidating the suits and denying Hall’s request to extend the discovery period, the district court granted summary judgment in favor of the City but denied the ticketing officer’s assertion of qualified immunity. For these reasons, I respectfully dissent from section III of the majority opinion. I would affirm the judgment of the district court.

Posted by: Azya Thornton on Oct 3, 2024

Defendant, Antwan Jacques Whitehead, was convicted by a Wilson County jury for second degree murder by unlawful distribution of fentanyl, for which he received a twenty-three year sentence. Defendant appeals, arguing that the trial court erred in admitting certain text messages and that the evidence was insufficient to establish that he knew the substance was fentanyl. After review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Oct 3, 2024

The Defendant, Triston Robert Milke, pleaded guilty to aggravated assault, a Class C felony, in the Cumberland County Criminal Court and was placed on judicial diversion with a probationary period of three years. See T.C.A. § 39-13-102 (Supp. 2023) (aggravated assault). The trial court revoked the Defendant’s diversion and entered a judgment of conviction imposing an effective sentence of three years to be served in confinement. On appeal, the Defendant contends that the trial court erred by revoking his judicial diversion and ordering confinement. We affirm the judgment of the trial court.

Posted by: Azya Thornton on Oct 3, 2024

Defendant, Anthony Cornelius Baylis, appeals his Monroe County Circuit Court jury conviction of trafficking a person for a commercial sex act, arguing that the trial court erred in denying his motion for judgment of acquittal; that the trial court erred in affirming his conviction as the thirteenth juror; that the trial court erred by denying his motion to dismiss the indictment for lack of the grand jury foreperson’s signature attesting that witnesses were sworn; that the trial court erred by admitting certain testimony; that the State wrongfully commented on Defendant’s election to not testify; and that the trial court erred by imposing a fully-incarcerative sentence. Discerning no reversible error, we affirm.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

The Tennessee Lawyers’ Fund for Client Protection met to consider claims from clients alleging financial loss due to the illegal actions of their lawyers. The fund approved one claim against Roane County attorney Eric John Montierth in the amount of $4,700. It also directed Montierth to reimburse the fund for the expense. The Fund for Client Protection was established by the Tennessee Supreme Court to reimburse individuals for losses caused by dishonest conduct by attorneys. The fund is operated by a board, which meets quarterly to consider claims. In September 2022, the Tennessee Supreme Court amended Rule 25 to require the fund to notify the Tennessee Bar Association of claims paid. News releases also are posted online.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

The Tennessee Supreme Court has adopted an order amending Tennessee Supreme Court Rule 31(15)(b) following a petition from the Alternative Dispute Resolution Commission (ADRC) asking the court for discretion when considering a Rule 31 application training requirement. The court amended the rule to add the following language: “The ADRC may grant a training waiver upon appropriate application for those whose credentials have lapsed for failure to comply with CME requirements pursuant to Rule 31(15)(a) for failure to timely renew under Rule 31(15)(b), or for any other reason deemed sufficient by the Commission.” The court reported that during the comment period on the proposed change it received responses from the ADRC, the Knoxville Bar Association, the Tennessee Bar Association and private individuals.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

The Metro Nashville Police Department announced Wednesday it has made six more arrests in an ongoing investigation related to the smuggling of narcotics into the Downtown Detention Center. According to WKRN, those charged included a former sheriff's office employee, three inmates and two civilians. The new charges are the third round of indictments in the overall investigation into drug smuggling into Davidson County detention facilities. Overall, 14 people have been charged. Read more from the police department.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

A coalition of 44 law school deans as well as the Law School Admission Council, the Society of American Law Teachers and the NAACP Legal Defense and Educational Fund have filed comments in opposition to proposed changes to the American Bar Association’s (ABA) diversity standards for law schools. According to Reuters, the groups argue that eliminating the terms “race and ethnicity” from accreditation rules will hobble efforts to bring in diverse students and faculty. Read the comments

Posted by: Stacey Shrader Joslin on Oct 3, 2024

A Nashville murder case scheduled to go to trial next week has been placed on hold amid concerns that District Attorney Glenn Funk's office illegally eavesdropped on the defense team as they reviewed evidence in the case. News Channel 5 reports that Davidson County Criminal Court Judge Cynthia Chappell agreed Wednesday to delay the trial of Calvin Atchison after the defense filed a motion to disqualify Funk's team. She has set a hearing for Dec. 13 to determine if the district attorney's office should be removed from the case. Allegations of the recordings came to light through reporting by the station and a report from the state comptroller’s office, including a call for a special prosecutor to investigate the matter. 


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