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Posted by: Julia Wilburn on Jun 11, 2024

The Tennessee Department of Intellectual and Developmental Disabilities (DIDD) on May 6 sent a letter to guardians and families of adults with intellectual and developmental disabilities who live in state-run homes. The letter informed them that the homes would be decommissioned for adults and repurposed to house children in custody of the Department of Children's Services (DCS). “They are using the plight of young people in DCS custody to encourage the conservators and families to get these people to move,” said Zoe Jamail, policy director for Disability Rights Tennessee, which has written its own letter to the families saying they are under no obligation to move their loved ones out of the homes. DIDD officials said in a statement last week that “no one is being evicted from their homes and we have stated that in conversations with family members.” The Tennessee Lookout has the story.

Posted by: David Bevis on Jun 11, 2024

The Petitioners seek accelerated interlocutory review of an order denying their motion to recuse. However, because the Petitioners’ filings fail to comply with Tennessee Supreme Court Rule 10B, we dismiss the appeal.

Posted by: David Bevis on Jun 11, 2024

This appeal involves the termination of parental rights of a mother. The juvenile court found by clear and convincing evidence that five grounds for termination were proven and that termination was in the best interest of the child. The mother appeals. On appeal, DCS maintains that four grounds for termination were sufficiently proven against the mother. We vacate one ground due to insufficient findings by the trial court. We conclude that the three other remaining grounds for termination were sufficiently proven, but due to insufficient findings in the termination order, we vacate the court’s determination that termination of the mother’s parental rights was in the best interest of the child and remand for the court to consider all of the relevant best interest factors and detail its findings. Accordingly, we affirm in part, reverse in part, vacate in part, and remand for further proceedings.

Posted by: David Bevis on Jun 11, 2024

The plaintiff, a founding member of a law firm, filed this action against other members. The trial court found that the defendant members violated their duty of good faith and fair dealing, breached their contract with the plaintiff, violated their fiduciary duty toward the plaintiff, engaged in a conspiracy, and committed conversion. We affirm the ruling of the trial court.

Posted by: David Bevis on Jun 11, 2024

The Petitioner, Terrance Reece, appeals from the Knox County Criminal Court’s denial of post-conviction relief from his convictions for four counts of weapons violations, three counts of aggravated assault, and one count of vandalism and his effective twenty-two-year sentence. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his ineffective assistance of counsel claims and that he was prejudiced by the cumulative effect of counsel’s multiple instances of deficient performance. We reverse the judgment of the post-conviction court and remand this case for a new trial.

Posted by: David Bevis on Jun 11, 2024

The Defendant, Mykhah Calvin Simon, appeals his convictions for possession of one-half gram or more of methamphetamine with intent to sell and deliver, possession of less than one-half gram of fentanyl with intent to sell and deliver, and driving on a suspended license, second offense. On appeal, the Defendant argues that (1) the evidence was insufficient to sustain his convictions and (2) his sentence was excessive. Following our review, we affirm the judgments of the trial court.

Posted by: Julia Wilburn on Jun 11, 2024

The Trial Court Vacancy Commission will consider 16 applicants for two circuit court judge positions. The commission will meet July 11 in Sevierville to select nominees for a circuit court judge in the 4th Judicial District, which covers Cocke, Grainger, Jefferson and Sevier counties. The applicants are Jeremy D. Ball, Jeremy D. Churchwell, Brad L. Davidson, Jeffery S. Greene, R. Alexander Johnson, Melissa Moore, Adrienne Waters Ogle and Nella R. Vargas. Then on July 17, the commission will consider eight applicants when it meets in Charlotte to select nominees for a circuit court judge in the 23rd Judicial District, which includes Cheatham, Dickson, Houston, Humphreys, and Stewart counties. Those applicants are Jack Arnold, Leonard G. Belmares II, Erin D. Bryson, Marion C. Fordyce, Jennifer F. Noe, David C. Risner, Joshua Turnbow and Talmage M. Woodall. Information on the candidates, plus hearing locations and times, is available at the links above.

Posted by: David Bevis on Jun 11, 2024

KETHLEDGE, Circuit Judge. In putative class actions, a class comes into existence only when the court actually certifies one in an order entered under Civil Rule 23(c). Before then, the potential members of the putative class are merely that—and lawyers other than putative class counsel are generally free to communicate truthful, non-misleading information to those potential class members. But a lawyer may lose that freedom if, in making those communications, the lawyer violates ethical rules.

At issue here is a protective order in which the district court barred Visser and Associates, PLLC (“Visser”), from communicating with potential class members in a putative class action that is now pending before the court. Visser’s communications with members of the potential class were not misleading. But Visser solicited named plaintiffs, in violation of an ethical rule, and later misled the court itself. For those reasons, we affirm the district court’s order

Posted by: David Bevis on Jun 11, 2024

The Defendant, Jonathan E. Woodruff, pled guilty to the offense of tampering with evidence. The trial court imposed a five-year sentence to be served in a community corrections program and later on probation. Thereafter, the Defendant was alleged to have engaged in new criminal conduct by possessing fentanyl, and following a hearing, the trial court fully revoked the Defendant’s suspended sentence. In this appeal, the Defendant argues that a violation was not established by a preponderance of the evidence and that he was denied the opportunity to review a video of the alleged misconduct. Upon our review, we respectfully disagree and affirm the judgment of the trial court.

Posted by: Julia Wilburn on Jun 11, 2024

The autopsy report on Courtney Wilson, a 19-year-old Memphis man who died while in police custody last year, shows his death was caused by complications of cocaine, methamphetamines and alcohol mixed with heat exhaustion and the contribution of sickle cell trait. The Daily Memphian reports that Ross ran from police officers before he was apprehended and placed in the back of a squad car. Officers noticed he was “out of breath and exhausted from running,” so they called for an ambulance to transport him to the hospital, where he died. District Attorney Steve Mulroy has said his office will not pursue charges against the officers.


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