The National Conference of Bar Examiners (NCBE) recently announced that the national mean scaled score for the July 2024 Multistate Bar Examination (MBE) was 141.8, an increase of about 1.3 points compared to the July 2023 mean of 140.5 and the highest July MBE mean since 2013, excluding the summer and fall 2020 administrations. The MBE, one of three sections that make up the bar exam in most U.S. jurisdictions, consists of 200 multiple-choice questions answered over six hours. This July, 49,844 examinees took the MBE, an increase of more than 8% compared to the 45,968 examinees who sat for the exam in July 2023. Reuters reports that compared with the previous year, 32 states saw increases in pass rates, 11 saw decreases and seven saw no change.

Question: In light of the U.S. Supreme Court’s decisions in District of Columbia v. Heller, 554 U.S. 570 (2008), McDonald v. City of Chicago, 561 U.S. 742 (2010), and New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022), are rifles and other long guns, such as shot guns, muzzleloaders, carbines, etc., regardless of their type of actions (single shot, pump, lever, bolt, or semi-automatic) covered under the Second Amendment to the United States Constitution and Article I, § 26 of the Tennessee Constitution?

Opinion: The Second Amendment to the U.S. Constitution and Article I, § 26 of the Tennessee Constitution protects some (but not all) rifles and long guns in some (but not all) circumstances.

JOHN K. BUSH, Circuit Judge. James Conn murdered Savannah Puckett. His parents, Mollie and Michael Slaybaugh, were among those who suffered the consequences. Police damaged the Slaybaughs’ home while arresting Conn. The Slaybaughs filed this action under 42 U.S.C. § 1983, seeking to recover for property damage caused by law enforcement’s actions. At issue is whether they are entitled to compensation under the Takings Clause of the Fifth Amendment or its analogue under the Tennessee Constitution. Because they are not, we affirm the judgment of the district court.

Defendant, Taylor Wolfinger, appeals a judgment from the Blount County Circuit Court revoking his probation and ordering him to serve the balance of his previously ordered probationary sentence in confinement. On appeal, Defendant argues that the trial court abused its discretion by finding that he violated the terms of his probation and revoking his probation to serve his original sentence. After review, we affirm the judgment of the trial court.

This appeal arises from a permanent parenting plan entered after the father requested a modification of the existing plan. The father argues that the trial court failed to properly weigh the evidence when establishing the plan. However, the plan did not include a determination of child support. Thus, the order appealed is not final, and we lack subject matter jurisdiction to consider the issue raised. Accordingly, this appeal is dismissed.

Pro se Appellant, Kevin Millen, has appealed an order of the Shelby County Chancery Court that was entered on April 19, 2024. We determine that the trial court’s order does not constitute a final appealable judgment. Therefore, this Court lacks jurisdiction to consider the appeal. The appeal is, therefore, dismissed.

August 26, 2024 - August 30, 2024

Create a winning game plan to finish your 2024 CLE hours this fall. TBA makes the CLE experience quick and easy with a variety of topics and curated CLE packages for Tennessee attorneys, so you can focus on the finer things in life. On-demand or in-person, we’ve got you covered!

• Earn your 15 hours of CLE before Dec. 31!
• Choose from over 200 on-demand programs and 25 convenient, curated packages by hour or practice area.
• TBA members get three free hours and exclusive discounts.
• Not a TBA Member? Join today!

The Tennessee Star claims to have published 90 pages of the so-called manifesto of the Covenant School shooter, reports WKRN. In July, Davidson County Chancellor I'Ashea Myles ruled that the writings would not be made public, agreeing with the Covenant families that the shooter’s writings were protected by copyright laws and should not be treated as public records. In August, Sen. Todd Gardenhire, R-Chattanooga, announced his intention to appeal the ruling, stating that he believes the records should be open to the public to help form policy as lawmakers consider gun-related legislation in response to the shooting, which occurred in March 2023.

A three-judge panel on the U.S. 6th Circuit Court of Appeals has rejected former state Sen. Brian Kelsey's most recent effort to get his federal prison sentence for campaign finance fraud overturned. The Germantown Republican’s appeal hinged on the argument that prosecutors had reneged on the guidelines of his plea agreement, reports the Tennessee Journal. The original panel reviewed the petition for a rehearing and determined that the issues it raised “were fully considered upon the original submission and decision.” In July, the same court rejected his appeal to rescind his guilty plea.