JANE B. STRANCH, Circuit Judge. This petition concerns Arch Resources and Apogee Coal Company’s challenge of Black Lung Benefits Act (BLBA) liability for a claim submitted by David Howard. Howard mined from 1978 to 1997, and his last employer was Apogee Coal (at that time, owned and self-insured by Arch). The parties, referred to collectively as “Arch,” do not contest Howard’s entitlement to benefits for legal pneumoconiosis, but do dispute being identified as the liable insurer on Howard’s claim. Petitioners ask this court to review the Benefits Review Board’s decision affirming the Administrative Law Judge’s finding that Arch was the liable insurer for Howard’s benefits claim under the BLBA. Arch likewise asks this court to grant its motion to supplement the administrative record on appeal. For the reasons stated below, we DENY the petition for review and Arch’s motion.

A Sumner County jury convicted the defendant, Corey Denzal Williams, of first-degree murder, reckless endangerment, aggravated assault, and false imprisonment, for which he received an effective sentence of life imprisonment without the possibility of parole plus eight years. On appeal, the defendant contends the evidence presented at trial was insufficient to support his convictions. The defendant also argues the trial court erred in denying his motion for severance and in admitting autopsy photographs of the victim, the testimony of Sergeant Harry Harper, and video testimony of the victim. After reviewing the record and considering the applicable law, we conclude that the trial court erred in failing to sever the offenses and that the error was not harmless as to the defendant’s convictions for aggravated assault and false imprisonment. Accordingly, we reverse the defendant’s convictions for aggravated assault and false imprisonment and remand to the trial court for a new trial. We otherwise affirm the trial court’s judgments.

A Carroll County jury convicted the Defendant, David Sylvester Cavette, of evading arrest involving the risk of death or injury. The trial court sentenced the Defendant to three years and placed him on probation after serving 180 days in custody. On appeal, the Defendant asserts that the State failed to prove either that he intentionally fled from police officers or that his flight created a risk of death or injury to others. Upon our review, we respectfully disagree and affirm the judgment of the trial court.

The defendant, Tara Allen, was found guilty by a Cheatham County jury of vehicular homicide by intoxication and possession of drug paraphernalia. The trial court imposed an effective ten-year sentence. On appeal, the defendant contends the trial court erred in denying her motion to suppress evidence obtained from a warrantless blood draw. The defendant also argues the evidence presented at trial was insufficient to support her conviction of possession of drug paraphernalia. Following our review, the parties’ briefs, and oral arguments, we affirm the defendant’s convictions.

For the week of July 29, 2024 - August 2, 2024

The legal battle in Shelby County over a new state law that restricts how judges set bail will impact local taxpayers, says Shelby County General Sessions Criminal Court Judge Bill Anderson. According to the Daily Memphian, Anderson, citing experience with similar suits, estimates court costs and attorneys’ fees could reach into the millions of dollars if a lawsuit challenging the new state law is successful. Just City and the ACLU have sued over the law, arguing it disproportionately affects low-income individuals. The county previously used a financial assessment tool to calculate bail, but a new state law bans the consideration of an individual's ability to pay when setting bail.

A three-judge panel of the U.S. 6th Circuit Court of Appeals last week upheld a Columbus, Ohio, school policy requiring students to use preferred pronouns for transgender classmates.  According to the ABA Journal, a group of parents challenged the policy, arguing it infringed on free speech rights. The court disagreed, ruling that students can avoid using pronouns altogether if they object. The opinion was written by Judge Jane B. Stranch. In a dissenting opinion, Judge Alice M. Batchelder compared the policy to forcing students to believe in ghosts, arguing it compelled acceptance of a particular viewpoint.

A federal judge has ordered that the son of Tyre Nichols must have separate legal representation in the civil lawsuit against the city of Memphis. U.S. Magistrate Judge Annie T. Christoff made the recommendation at the request of Judge Mark Norris, who is presiding over a civil suit brought for the death of Nichols at the hands of police in January 2023. The decision comes amid concerns that Nichols' mother, RowVaughn Wells, who is also the estate's representative and suing the city for wrongful death, could face conflicts of interest during settlement negotiations. The court has appointed a guardian ad litem to protect the child's interests, recognizing the potential for significant damages in the case. Read more at The Daily Memphian.

Shelby County Clerk Wanda Halbert is facing a second ouster petition after the first was dismissed in June. A new legal challenge has been filed alleging that Halbert has neglected her duties. The petition cites financial mismanagement, issues with auto dealers, and other administrative failures as grounds for removal. The county is seeking Halbert's immediate suspension pending the outcome of the case, which will involve a jury trial outside of Shelby County. The Daily Memphian has the story.

Former TBA President Sherie Edwards was elected to the executive council of the National Conference of Bar Presidents (NCBP) during the group’s Annual Meeting in Chicago last week. The NCBP — a nonprofit founded in 1950 to provide resources and training for state and local bar association leaders — met in conjunction with the American Bar Association (ABA), ABA Young Lawyers Division and National Association of Bar Professionals. See a photo from the meeting.