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Posted by: Azya Thornton on Sep 10, 2024

A Shelby County jury convicted the Defendant, Jonathan Hamilton, of first degree felony murder, attempted first degree murder, and employment of a firearm during the commission of a dangerous felony. The trial court sentenced the Defendant to serve an effective life sentence plus twenty-six years. On appeal, the Defendant argues that the trial court erred by (1) denying his motions to suppress evidence seized pursuant to a warrant, as well as an out-of-court identification; (2) admitting autopsy photographs; (3) failing to instruct the jury on aggravated assault, facilitation, and accessory after the fact; (4) allowing improper closing arguments; and (5) imposing consecutive sentencing. Upon our review, we respectfully affirm the judgments of the trial court.

Posted by: Azya Thornton on Sep 10, 2024

This interlocutory appeal presents an issue of first impression. The employer asserts the trial court erred in ordering it to hire a certified or state-registered translator to translate certain written discovery requests into the employee’s first language. The employee asserts that although he has certain proficiency in the English language, he remains concerned that he may have misunderstood the discovery requests and therefore could have erred in responding to them. The employer asserts that there is no rule or statute that mandates they pay to have written documents used in the scope of litigation translated into another language. Upon careful consideration of the record, we reverse the trial court’s order and remand the case.

Posted by: Julia Wilburn on Sep 10, 2024

The Lincoln Memorial University Duncan School of Law will hold a historic celebration for its 15th anniversary on Sept. 21 at 7 p.m. EDT. The event will take place at The Mill & Mine, 227 W. Depot Ave., Knoxville 37917. Get more information and register here.

Posted by: Julia Wilburn on Sep 10, 2024

Minority attorneys stay in their first jobs out of law school about half as long as their white peers, though the gap may be narrowing, according to a new Bloomberg Law survey. The race-based imbalance among all attorneys surveyed was almost four years — 3.98 years for minority lawyers versus 7.8 years for white attorneys. But the gulf was only about a month or two on average among lawyers who have practiced for 15 years or less — a sign that investments by law firms and legal departments may be helping close the gap.

Posted by: Julia Wilburn on Sep 10, 2024

Did you miss any of TBA's forums this spring and summer? Good news! They are now available as 1-Click packages online! Access courses from the Bankruptcy Law Forum, Business Law Forum, Corporate Counsel Forum, Dispute Resolution Forum, Elder Law Forum, Entertainment & Sports Law Forum, Federal Practice Forum, Intellectual Property Law Forum, Labor & Employment Forum, Law Practice Management Forum, Litigation Practice Forum and Real Estate Essentials. Buy individual presentations from any of the forums or purchase the full line-up using the TBA's easy 1-Click option. See what's new in your practice area.

Posted by: Julia Wilburn on Sep 10, 2024

Internal data from the Shelby County District Attorney's Office shows that more than 100 employees have left since Steve Mulroy's election in 2022. The Daily Memphian reports that between Aug. 31, 2022, the day Mulroy was officially sworn into office, and Dec. 30, 2022, 42 people left the office, according to a spreadsheet that was inadvertently distributed by email last month to current employees of the office. Erica Williams, spokesperson for the office, said the amount of transition is common, especially during leadership changes. Mulroy replaced Amy Weirich, who held the position since 2011. “In comparison, the previous administration experienced the transition of about 80 employees within a similar time period,” Williams said.

Posted by: Jarod Word & Stacey Shrader Joslin on Sep 10, 2024

The TBA Health Law Section has partnered with organizations across the state to provide free advance health care directive clinics in each of Tennessee’s grand divisions. The section is seeking volunteer lawyers to assist with the effort. No previous experience is necessary and there will be experts on hand to answer questions. The first clinic will take place in Knoxville on Sept. 21 from 9 a.m. to noon EDT. A Nashville clinic will follow on Oct. 5 from 10 a.m. to 2 p.m. CDT. The Memphis clinic will take place Nov. 9, 10 a.m. to 1 p.m. CDT. Please contact TBA Health Law Section Chair Ian Hennessey with questions and/or volunteer interest at ian.hennessey@amrllc.com.

Posted by: Julia Wilburn on Sep 10, 2024

Former Davidson County Medical Examiner (ME) Dr. Bruce Levy has recanted his testimony in the 2000 death of Bryan Alexander Maze. Russell Maze, father of "Baby Alex," was convicted of shaking his son and causing the injuries that led to his death. Levy now says that after reviewing medical records that were not previously made available to him, as well as recent reports from medical experts who have studied the case, "If called to testify now, I would assert Bryan Maze’s brain, at the time of his death, showed no indication, to a reasonable degree of medical certainty, of prior trauma or abuse. Instead, the residual brain lesions viewed at autopsy more likely than not resulted from a natural disease process." The Nashville Banner interviewed multiple attorneys who said that they had never seen a medical examiner change a conclusion in a homicide case.

Posted by: Stacey Shrader Joslin on Sep 10, 2024

Mississippi lawyer Louis Collins Walker was reinstated to the practice of law in Tennessee on Sept. 5, retroactive to Aug. 28. Walker had been placed on inactive status on Jan. 16, 2019. The Board of Professional Responsibility determined that the reinstatement petition was satisfactory and recommended that the court approve it.

Posted by: Julia Wilburn on Sep 10, 2024

State health officials recently approved a project by Cedar Recovery to build a $2.5 million methadone clinic in Putnam County outside Cookeville. The project has met with sharp criticism from community members who testified before the Health Services Commission, which determines whether to grant a certificate of need to a health services provider. The commission's attorney reminded members when deciding how to vote that the body does not oversee zoning, and federal law protects substance use treatment centers from discrimination. “You can’t treat this any differently than you would treat [another medical provider] applicant. Otherwise, we would end up in violation of the Americans with Disabilities Act.” Nashville Public Radio has more on the story.


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