Articles

All Content


74,001 Posts found
Previous • Page 937 of 7,401 • Next
Posted by: Karen Belcher on Jun 25, 2024

The prisoner in this case filed a petition for a writ of error coram nobis long after expiration of the one-year limitations period and sought tolling of the statute of limitations. The petition was filed under the tolling exception to the coram nobis statute of limitations adopted by this Court in Workman v. State, 41 S.W.3d 100 (Tenn. 2001). The coram nobis court held a hearing on whether to toll the statute of limitations. It accepted the factual allegations in the coram nobis petition as true, but determined that the new evidence did not show that the petitioner was actually innocent of the crimes of which he was convicted, so he was not entitled to tolling of the statute of limitations. Consequently, the coram nobis court dismissed the petition as untimely. The Court of Criminal Appeals reversed the coram nobis court on the tolling exception, reversed the dismissal for untimeliness, and remanded for a hearing on the allegations in the petition. On appeal, we hold that if a petition for a writ of error coram nobis is not timely filed and seeks tolling of the statute of limitations, it must be based on new evidence, discovered after expiration of the limitations period, that clearly and convincingly shows that the petitioner is actually innocent of the underlying crime, i.e., that the petitioner did not commit the crime. To obtain tolling of the coram nobis statute of limitations, the prisoner must file the petition no more than one year after he discovers the new evidence of actual innocence. From our review of the record, we agree with the analysis and conclusion of the coram nobis court and find no error. Accordingly, we reverse the decision of the Court of Criminal Appeals and affirm the decision of the coram nobis court dismissing the petition as untimely.

Posted by: Stacey Shrader Joslin on Jun 24, 2024

The American Bar Association (ABA) Task Force on Law and Artificial Intelligence (AI) has released the results of its AI and Legal Education Survey, a compilation of insights gathered from law school administrators and faculty regarding the integration of artificial intelligence into legal education. “The survey suggests that AI is already having a significant impact on legal education and is likely to result in additional changes in the years ahead. With a majority of responding law schools offering dedicated AI courses and providing opportunities for students to engage with AI tools, it is evident that legal education is evolving to meet the demands of a profession increasingly shaped by technological advancements,” the authors write. Read the full report.

Posted by: Stacey Shrader Joslin on Jun 24, 2024

The Tennessee Alliance for Legal Services (TALS) is accepting nominations for its three annual Access to Justice Awards: Janice M. Holder Award, B. Riney Green Award and New Advocate of the Year Award. Nominations and any supporting documents must be submitted by July 10. The awards will be presented at the Equal Justice University (EJU) Conference. Learn more about the awards process. EJU 2024 will take place Aug. 28-30 at the Embassy Suites in Murfreesboro. Learn more about the conference or start the registration process.

Posted by: Stacey Shrader Joslin on Jun 24, 2024

State Rep. Aftyn Behn, D-Nashville, and attorney Rachel Welty have filed suit against Middle Tennessee district attorneys general to stop enforcement of a new state law that makes it illegal for adults to help minors obtain an abortion out of state without parental consent. The law was signed by Gov. Bill Lee in May and goes into effect July 1. According to the Nashville Post, the pair argue that the law infringes on the U.S. Constitution’s First Amendment right to free speech. The suit was filed in the U.S. District Court for the Middle District of Tennessee. District attorneys named include Glenn Funk, Bryant C. Dunaway, Jason Lawson, Jennings H. Jones, Robert J. Carter, Ray Whitley, Robert J. Nash, Stacey Edmonson, Brent Cooper, Ray Crouch and Hans Schwendimann.

Posted by: Julia Wilburn on Jun 24, 2024

Bowlman "Bo" Tarleton Bowles Jr. died June 9 at age 86. He attended the Virginia Military Institute and accepted a commission in the Army as an infantry officer after graduation. Bowles went on to graduate from Vanderbilt University Law School, joining the law firm of Mays & Valentine where he practiced for 15 years. In 1980, he formed his own practice, which he developed with his son, Churchill, into Bowles Affiliates. Bowles served as chair of the American Bar Association Committee on Income Taxation of Trusts and Estates, and was a member of the American College of Trust and Estate Counsel, as well as the Virginia and Tennessee bar associations. Burial services at Hollywood Cemetery will be private with a celebration of life reception to be held at a future date. Memorial donations may be made to the VMI Foundation Inc., P.O. Box 932, Lexington, VA 24450.

Posted by: Stacey Shrader Joslin on Jun 24, 2024

Christopher Crider, vice chair of the Tennessee Human Rights Commission resigned earlier this month after repeatedly making insensitive remarks in meetings, seemingly disparaging different ethnic groups, the LGBTQ+ community and others, the Nashville Banner reports. Crider was an appointed member of the commission and was named vice chair in December. During a human resources investigation this spring, he admitted to making comments about different groups during meetings, but denied they were meant to discriminate. The investigation results were forwarded to the governor’s office, but Crider resigned a week later. As mayor of Milan, Crider settled a suit from a former employee who said he used a racially derogative term to describe a diverse neighborhood.

Posted by: Julia Wilburn on Jun 24, 2024

Nashville attorney Joe Curry Peel died June 19 at age 81. He received his bachelor of arts and master of theology degrees from Vanderbilt University, and did graduate theological study at St. Michael’s College in Toronto, Canada. Peel taught at Episcopal High School in Alexandria, Virginia, as well as Montgomery Bell Academy and Battle Ground Academy. He also worked for IBM before attending the University of Tennessee College of Law. Peel practiced for a few years at King & Ballow in Nashville. He then served for 39 years in the Tennessee Attorney General’s Office. He became a recognized expert in the fields of state and local taxation, interstate commerce and constitutional law. Services will be held at St. George’s Episcopal Church, 4715 Harding Pk., Nashville 37205 on June 27 at 11:30 a.m. CDT with visitation beginning at 10 a.m. Burial will follow at Mt. Olivet Cemetery. Memorial donations may be made to the In Excelsis Concert Series at St. George's Episcopal Church of Nashville or to the charity of one’s choice.

Posted by: Stacey Shrader Joslin on Jun 24, 2024

Shelby County District Attorney Steve Mulroy is pushing back on criticism of the work he is doing, Action News 5 reports. In his weekly newsletter, Mulroy emphasized his commitment to public safety, noting that his office prosecutes over 3,000 violent cases every year. He also offered to meet with anyone who has concerns. “Meanwhile, we’ll continue to do the actual work,” he wrote. In the last few weeks, Sen. Brent Taylor, R-Memphis. announced he would file a resolution to remove Mulroy from office and Speaker of the House Cameron Sexton and Lt. Gov. Randy McNally announced support for that effort. Asked about the situation in Memphis, Gov. Bill Lee said, “We have to make sure the legal system in Shelby County is doing ... its job and taking offenders off the street. We have a real serious crime problem there.”

Posted by: Stacey Shrader Joslin on Jun 24, 2024

The Tennessee Secretary of State's office has confirmed that it sent out more than 14,000 letters to potential non-U.S. citizens asking them to prove citizenship status for the next election. According to New Channel 5, many of those who received the letter say they have voted in previous elections. The Secretary of State's office says voter rolls were compared with data from the Tennessee Department of Safety and Homeland Security to identify those who were not citizens when they had their first interaction with the department. The office says individuals could have been naturalized since then, but have not updated their records. Anyone who received a letter and has questions may contact the Secretary of State's Elections Division at 615-741-7956.

Posted by: Karen Belcher on Jun 24, 2024

MATHIS, Circuit Judge. Benjamin Stanley worked for Western Michigan University (“WMU”) for about one month when WMU terminated his employment. Stanley then sued WMU and a few of its employees. He claimed that WMU and certain supervisors discriminated and retaliated against in violation of the Americans with Disabilities Act (“ADA”). Stanley also brought a claim under Michigan’s Persons with Disabilities Civil Rights Act (“PWDCRA”), as well as a claim for intentional infliction of emotional distress. The district court dismissed Stanley’s federal claims for lack of subject-matter jurisdiction based on Eleventh Amendment immunity and dismissed his state-law claims for failure to comply with the Michigan Court of Claims Act’s notification statute. See Mich. Comp. Laws § 600.6431. The district court also denied leave for Stanley to amend his complaint. We affirm the district court’s dismissal of Stanley’s federal claims and the denial of Stanley’s motion for leave to amend his complaint, but we vacate the judgment in part and remand to the district court to dismiss Stanley’s federal and state-law claims without prejudice.


Previous • Page 937 of 7,401 • Next