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TN Legal News Now
News From the Tennessee Bar Association


This legal news update is provided to you weekly by the Tennessee Bar Association as a service to Tennessee lawyers. TBA members receive these breaking legal news and court opinions daily. When you join the Tennessee Bar Association you will also receive this service each day. You can unsubscribe to this newsletter using the link at the bottom of this edition.
Today's News

Federal Judges, Justices Now Must Disclose Value of Travel-Related Gifts

U.S. Supreme Court justices and federal judges can no longer avoid disclosing the value of travel-related gifts they receive by classifying such free trips as "reimbursements" on their financial disclosure forms under new regulations now in effect, reports Reuters. The new policy, approved by the federal judiciary's Financial Disclosure Committee in January and announced last Friday, took effect on March 13. Officials said the disclosure policies were updated "to reflect past statutory changes more clearly and help ensure complete reporting of gifts and reimbursements consistent with statutory requirements."

 
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DA to Seek Revocation of Bond After Boyd Tests Positive for Cocaine, Alcohol

Frederick Agee, district attorney for Tennessee’s 28th Judicial District and who is prosecuting Shelby County Criminal Court Division 9 Judge Melissa Boyd’s criminal case, said Thursday he would file an amended motion to revoke Boyd’s bond after she tested positive for cocaine and alcohol on March 12. According to the Daily Memphian, Boyd has been out of custody on a $5,000 bond since Dec. 13, 2023. If her bond were revoked, she would be held in custody until trial, which is set to start on April 24. Agee’s office had previously moved to revoke Boyd’s bond after she tested positive for marijuana on Jan. 3.

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More Victims Accuse Memphis Man of Posing as Lawyer, Accepting Thousands of Dollars in Fees

At least eight more people have come forward to accuse a Memphis man of pretending to be an attorney and scamming them out of thousands of dollars, WREG reports. The station first reported on Glenis “Chip” Campbell’s arrest in February. At the time, he was charged with three counts of impersonating a licensed professional and two counts of theft of property in three different cases. Since then, new victims have come forward with one individual saying he was scammed out of $25,000 and another saying he paid Campbell $43,000 over a five-year period to represent him. Campbell is now facing 20 charges in 11 cases. He is being held in the Shelby County Jail on a $283,500 bond.

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Strickland is 'Preferred Candidate' for Next Memphis Law Dean, According to Email

Former Memphis Mayor Jim Strickland is the "preferred candidate" to be the next dean of the Cecil C. Humphreys School of Law at the University of Memphis, according to an email obtained by the Commercial Appeal. David J. Russomanno, executive vice president for academic affairs and provost for the University of Memphis, said in the email to faculty, "We have reached an extraordinary moment with a tremendous need for a collaborative dean who will demonstrate exemplary leadership and focus on initiatives and priorities to significantly increase enrollment, bar passage rates and philanthropic support to our law school to ensure its continued viability and vitality." The current dean and the first woman in the law school's history to hold the position, Katharine T. Schaffzin, announced in an August 2023 email to the law school community that she will step down at the end of this academic year.

Photo of Strickland: Commercial Appeal

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Workers' Comp Court Announces Filing Change

The Tennessee Court of Workers’ Compensation Claims announced that beginning March 25, all mediations in cases pending before the court will conclude with the issuance of a dispute certification notice. The court explains that issuance of a dispute certification notice will allow for entry of the case into TNComp, the court's electronic court management system, and ensure that a judge shepherds every case to conclusion. Read more about the change in a post from Chief Judge Kenneth M. Switzer on the court's blog.

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Clarksville Confirms New City Attorney

Eric Bittner has been confirmed by the Clarksville City Council to become the next city attorney for Clarksville. He will succeed longtime City Attorney Lance Baker on May 1 after Baker's retirement. Bittner earned a degree in finance as well as his law degree from the University of Memphis (then Memphis State) and began practicing law in Clarksville in 1995. He served as deputy city attorney from July 2021 until February 2023. Since that time, Bittner has served as city risk manager in the Human Resources Department.

From left: Clarksville Mayor Joe Pitts, Bittner, Bittner's wife Rebecca

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TALS Accepting Presentation Proposals for 2024 EJU

The Tennessee Alliance for Legal Services (TALS) is seeking session proposals for this year's Equal Justice University (EJU), set for Aug. 28-30 at the Embassy Suites in Murfreesboro. Topics of interest include employment law, family law, health and benefits, housing and consumer, special education and juvenile justice, as well as professionalism. See all topics and submit proposals online by April 17.

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Federal Judiciary Clarifies 'Judge Shopping’ Rule

After adopting a new rule aimed at curtailing “judge shopping” for cases that challenge government policies, the Administrative Office of the U.S. Courts has clarified that trial courts have discretion on how to implement the policy. Reuters reports that in an email to district court judges on Friday, the chair of the Judicial Conference committee that developed the policy acknowledged that existing federal law gives the district courts sole discretion to decide how cases are assigned, and said the policy "should not be viewed as impairing a court's authority or discretion." He also said that conference policies "set out various ways for courts to align their case assignment practices with the longstanding Judicial Conference policy of random case assignment."

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U.S. Marshals Request $38M for Judicial Security

The U.S. Marshals Service has asked Congress for $38 million to fund two new programs aimed at bolstering judicial security, Reuters reports. According to the service, the request is in response to a rise in threats against federal judges and U.S. Supreme Court justices. The funding request comes as the U.S. Supreme Court included $19.4 million in its federal budget request to use its own police force rather than the U.S. Marshals Service to protect the nine justices.

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Legal Service Firm Latitude Opens 2nd Florida Office

Nashville area legal services provider Latitude has opened an office in Tampa, joining the firm’s existing Florida presence in Miami. The Nashville Post reports that Kyle Robisch, formerly a partner in the Tampa office of Bradley Arant Boult Cummings, will serve as office founding partner and leader. Robisch spent 10 years litigating cases and serving as outside general counsel to Bradley clients. He earned his law degree from Vanderbilt University Law School. Latitude’s Miami office was founded in 2020. The new office joins locations in Atlanta, Austin, Boston, Charlotte, Indianapolis, Minneapolis, Philadelphia, San Francisco and St. Louis.

 
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Supreme Court Releases Technology Strategic Plan

The Tennessee Supreme Court has presented its Technology Strategic Plan for Tennessee’s judicial system. The plan, developed by the Court System Information Technology Oversight Committee, outlines the design and implementation of a unified technology strategy for Tennessee’s judicial system. The committee, headed by Justice Sarah Campbell, included a variety of stakeholders and participants in Tennessee’s judicial system who provided meaningful input on both the challenges and opportunities technology presents. Moving forward, the committee will work collaboratively with the Administrative Office of the Courts (AOC) to collect detailed information from stakeholders as concrete action steps are developed for each goal.

 

Special Legislative Panel Recommends Removing Judge Boyd

A special committee of House and Senate members has unanimously recommended removing Shelby County Criminal Court Judge Melissa Boyd from the bench, the Commercial Appeal reports. The move comes after the state Board of Judicial Conduct issued a public reprimand to Boyd for refusing to undergo counseling after admitting to using marijuana and cocaine. The board referred the case to the General Assembly, which has the sole authority to remove judges from office. Representatives of the board were at the hearing to answer questions. In related news, Boyd has separately pleaded not guilty to charges of witness coercion and harassment.

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House Passes Bill Requiring Local Officers to Aid U.S. Immigration Authorities

The Tennessee House of Representatives last week advanced HB2124/SB2576, which would require law enforcement agencies in the state to communicate with federal immigration authorities if they discover people are in the the country without documentation. It also would broadly mandate cooperation in the process of identifying, catching, detaining and deporting these individuals, the Associated Press reports. The bill is now pending in the Senate, where the State and Local Government Committee advanced it to the Calendar Committee. Opponents of the bill say that the "way it’s written, the bill could raise legal confusion and worsen tensions between law enforcement and immigrant communities by making local officers de-facto immigration agents."

Bills Will Extend Statute of Limitations for Sexual Assault Victims, Curb Juvenile Crime

Victims of sexual assault in Tennessee will soon get more time to receive financial compensation, reports WPLN. Current state law allows a victim of sexual assault one year to pursue civil action. A recently passed bill would extend that time frame to three years and is on its way to Gov. Bill Lee for his signature. Two other bills recently passed the Senate. The Parental Accountability Act would allow juvenile court judges to require parents to pay restitution of up to $1,000 for every crime their child commits after being arrested, while the Juvenile Organized Retail Theft Act would allow juveniles 15 years of age or older to be transferred to criminal court for smash and grabs, or for stealing firearms from vehicles. These bills now have been assigned to a House subcommittee. Action News 5 has more.

Senate Passes Bill Blocking Local Police Traffic Stop Reform

A bill blocking local governments from passing police reform on traffic stop policies is heading to Gov. Bill Lee's desk after it passed the Senate. The Commercial Appeal reports that the bill passed with 26 "yes" votes and six "no" votes along party lines, with all Memphis and Nashville Democrats voting against it. The bill would directly nullify an ordinance passed by the Memphis City Council in the wake of Tyre Nichols being fatally beaten by now-former Memphis Police Department officers. The ordinance prevents police from conducting low-level traffic stops, often called "pretextual traffic stops." Nichols' parents have objected to the bill throughout the legislative process. According to the Daily Memphian, they now have requested a meeting with Lee and asked him to veto the bill.

Senate Passes Bill Setting New DCS Caseloads

A bill sponsored by Sen. Jeff Yarbro, D-Nashville, passed the full state Senate last week, according to the Nashville Post, but has not been passed by the House Children and Family Affairs Subcommittee yet. The bill, SB1048/HB1032 would set new caseload requirements for the Department of Children’s Services (DCS) and require the department to employ special response team personnel to help maintain standard caseloads. DCS also would have to notify the governor, members of the General Assembly and the Tennessee Commission on Children and Youth if requirements are not met.

 
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Administrative Law Section Accepting Law Student Writing Contest Submissions

The TBA Administrative Law Section is accepting submissions for its annual writing competition for law students. All students enrolled in a Tennessee law school during the 2023–2024 school year are eligible to enter. Submissions are due March 27. The section offers this yearly competition to promote an interest in and understanding of both state and federal administrative law, and to strengthen the relationship among administrative law professors, law students and practitioners in Tennessee. The winning submission will be published in the Administrative Law Section newsletter and the winner will be awarded $1,000. Get more information and competition rules in this handout.

 
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LAET to Host Jonesborough Clinic

Legal Aid of East Tennessee (LAET) will host a power of attorney/advanced health care directives clinic on March 21 at 10 a.m. EST at the Jonesborough Senior Center, 307 E. Main St., Jonesborough 37659. Volunteering remotely is an option. Contact Caroline Rogers with questions or to volunteer.

Midtown Legal Clinic Set for March 23

A free legal advice clinic will be held in Memphis on March 23 from 10 a.m. to noon CDT. The event will take place at the Idlewild Presbyterian Church, 1750 Union Ave., Memphis 38104. Volunteer lawyers are needed. Those who are willing to participate should email midtownlegalclinic@gmail.com.

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Volunteers Needed for Wills Clinic on March 30

Volunteer attorneys and notaries are needed for a wills clinic for Brentwood first responders. The clinic will be held on March 30 beginning at 9 a.m. CDT in the Community Room of the Brentwood Police Headquarters located at 910 Heritage Way, Brentwood 37027. For more information and to volunteer contact Charles Ferguson.

 
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This Thursday: 'Educating for Equality' Symposium

The Tennessee Journal of Race, Gender and Social Justice, a student-run and edited publication, will host a symposium on March 21 at the University of Tennessee College of Law to explore the impact of recent U.S. legislation affecting health care and education resources for the LGBTQ+ population. Jennifer Levi, senior director of transgender and queer rights at GLBTQ Legal Advocates & Defenders (GLAD) and professor of law at Western New England University School of Law, will deliver the keynote address. Get more information and register here.

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Revenue Department to Host Webinar on Franchise & Excise Tax Law Changes

The Tennessee Department of Revenue will host a free live webinar on March 26 at 9 a.m. CDT to discuss recent franchise and excise tax law changes included in the 2023 Tennessee Works Tax Act. The webinar will highlight the changes and how they affect the fiscal year end tax return. Learn more or register here. The webinar is one in a series of educational sessions held by the department each month.

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Chattanooga Federalist Society to Host AG Skrmetti

The Chattanooga chapter of the Federalist Society will host a discussion with Tennessee Attorney General Jonathan Skrmetti on April 18 at 11:30 a.m. EDT. The free event will take place at the offices of Chambliss, Bahner & Stophel PC, 605 Chestnut St., Ste. 1700, Chattanooga 37450. View the flier for more information.

 
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Memphis Lawyer, Firm Founder Max Shelton Dies

The death of Max Shelton, Memphis lawyer and founding member of Harris Shelton Hanover Walsh, was announced by the firm. An obituary posted by the firm recounts milestones in Shelton’s career, from his early years as a health care attorney in 1965, to his work as an arbitrator and mediator, and then in his role as a trusted advisor for both clients and young lawyers. Shelton was a founding member of the Tennessee Society of Hospital Attorneys, which later became the TBA’s Health Law Section. He also was active in organizing and participating in the TBA’s annual Ski CLE program. In the local legal community, he served as president of the Memphis Bar Association and was the 2014 recipient of the Pillars of Excellence Award from the University of Memphis Alumni Association’s Law Chapter. The firm sums up Shelton’s contributions saying, “Max’s dedication, integrity and unwavering commitment to excellence have left an indelible mark on our firm and the legal community at large … As we reflect on Max’s profound contributions to our firm and the legal profession, we remember him not only for his legal acumen, but also for his warmth, humor and genuine camaraderie. His presence will be deeply missed, and his legacy will continue to inspire us. Memorial donations may be made to the Baptist Memorial Health Care Foundation, 350 N. Humphreys Blvd., Memphis, TN 38120 or online at www.bmhgiving.org.

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Memphis Attorney Mike Richards Remembered

Memphis attorney William Michael "Mike" Richards, age 77, died on March 12 after a long illness. Following his graduation with distinction from Rhodes College (then Southwestern), he obtained his law degree from Vanderbilt University Law School. He practiced law for 50 years at the Memphis law firm Baker Donelson Bearman Caldwell & Berkowitz PC. Richards served as vice president of the Tennessee Bar Association and president of the Memphis Bar Association Young Lawyers Division. Services were held March 19 at the Lord’s Chapel, located on the grounds of Elmwood Cemetery, 824 S Dudley St, Memphis 38104. Memorials can be made to St. Jude Children's Research Hospital.

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Chattanooga Attorneys Gather to Remember Colleagues

Lawyers in Chattanooga recently gathered to remember colleagues that were lost in the past year. The Chattanooga Bar Association’s annual memorial service was held March 1 in the Hamilton County Commission Room of the county courthouse. Among those honored were William Thomas Alt, James Anderson Jr., Thomas Maxfield ”Max” Bahner, former Tennessee Supreme Court Chief Justice William “Muecke” Barker, Mark Johnson Mayfield and John Wolfe Jr. Read about the tributes shared at the event in the Hamilton County Herald.

Photo: Hugh Moore remembers Muecke Barker

 

Florida Lawyer Suspended in Tennessee

The Tennessee Supreme Court has suspended Florida lawyer Joy T. Reid from the practice of law in Tennessee for 60 days. The court reports that Reid applied for comity admission to the Tennessee bar, but that during review of her application for admission, the Tennessee Board of Law Examiners discovered that she appeared to be holding herself out as a currently licensed Tennessee attorney. The Tennessee Board of Law Examiners conducted a show cause hearing during which Reid made misstatements of material fact. She agreed to a conditional guilty plea acknowledging her conduct violated Tennessee Rules of Professional Conduct 5.5, 7.1 and 8.4(c).

Sullivan County Lawyer Reinstated

Sullivan County lawyer Nicholas C. Cooper was reinstated to the practice of law recently after being on inactive status for more than five years. The Tennessee Supreme Court notes that Cooper was placed on inactive status on May 3, 2011. The Board of Professional Responsibility found the reinstatement petition to be satisfactory and recommended the court approve it. Cooper was reinstated as of March 12.

 

Fund Makes Payment for Montgomery County Attorney

The Tennessee Lawyers’ Fund for Client Protection recently met to consider claims from clients alleging financial loss due to the illegal actions of their lawyers. The fund approved one claim against Montgomery County attorney Kevin William Teets in the amount of $4,500. It also directed Teets to reimburse the fund for the expense. The Fund for Client Protection was established by the Tennessee Supreme Court to reimburse individuals for losses caused by dishonest conduct by attorneys. The fund is operated by a board, which meets quarterly to consider claims. In September 2022, the Tennessee Supreme Court amended Rule 25 to require the fund to notify the Tennessee Bar Association of claims paid. News releases also are posted online.

 
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Rookie's Guide to Estate Planning Set for Next Week

The TBA Young Lawyers Division's Rookie's Guide series continues next week with a session focused on estate planning. Join Memphis attorney Danielle Woods on March 28 at noon CDT to learn more about this practice area. Topics will include drafting a will, creating a trust and protecting assets. Register here.

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IP Law Forum 2024 in Nashville: Embrace the Blur

Join your colleagues on April 5 for this year's TBA Intellectual Property Law Forum! Evolving technology, trends and other disrupters, like artificial intelligence (AI), continuously blur lines between long-standing intellectual property (IP) doctrines and future applications of the law. Attorneys are challenged to stay on top of the incessant cycle of new problems, issues and strategies for IP protection and enforcement that result from these disruptors. Forum attendees will learn about the latest on AI and copyright, AI and patent law and practice, IP issues within the alcohol world, and the intersection between IP and street art. Read about the presenters and register.

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2023 Raising the Bar Series Now Available as Webcasts

The second annual Raising the Bar series, produced by TBA's Women in the Profession Committee, centered on the theme of "Advocating for Each Other and Ourselves." All eight sessions are now available online as webcasts. Learn from attorneys across the state as they discuss the roadblocks that diverse women lawyers face, how to effectively advocate for raises and project assignments, how to maintain a solid work-life balance, recent rule changes and new laws affecting women attorneys.

 
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Share Your News with Colleagues

Do you have news to share with your colleagues about a job move, an award received or a leadership appointment? TBA members can submit their news for publication on the TBA’s online Success feature. To get started, visit our online submission form and follow the prompts for entering the information. You also can upload a press release and a photograph.

 
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Williamson County Resident Sreepada to Challenge Ogles for Congressional Seat

Williamson County resident Kiran Sreepada recently confirmed he will run for the Democratic nomination to challenge 5th District U.S. Rep. and Republican Andy Ogles, reports the Tennessee Lookout. Sreepada, a political and public policy professional who ran against U.S. Rep. Mark Green in Tennessee’s 7th Congressional District in 2020, is the first Democrat to announce a challenge to Ogles. According to the Tennessean, two other Democrats are considering a primary run. They are Nashville advocate and Metro Human Relations Commission Chair Maryam Abolfazli and Metro Council member Courtney Johnson. Two others have filed paperwork to run in the Republican primary. They are singer-songwriter Stokes Nielson and Brentwood cybersecurity expert Thomas “Tom” Guarente.

Sreepada during his 2020 congressional campaign.

 
Court Opinions

You can obtain full-text versions of these opinions by selecting the link below each opinion’s summary paragraph. Your email software should give you the option of reading the opinion online or downloading it to your computer or mobile device. Decisions from the 6th Circuit Court that are not designated for publication are not included in this report.

Frank M. Allen v. United Cabinet Corporation, LLC, et al.

Court: TN Workers Comp Appeals Board

Attorneys:

Frank M. Allen, Mt. Juliet, Tennessee, employee-appellant, pro se.

Houston M. Gunn and Gregory H. Fuller, Brentwood, Tennessee, for the employer- appellee, United Cabinet Corporation, LLC.

Judge(s): GODKIN

In this appeal, the employee asserts the trial court erred in granting the employer’s motion for summary judgment and dismissing his petition with prejudice. The employer asserts that the employee’s claim is barred by the statute of limitations because he failed to timely file a petition for workers’ compensation benefits within one year of the alleged accident. The employer also contends it did not issue payments to or on behalf of the employee related to his claim for benefits within one year of the alleged accident. The court granted summary judgment based on the expiration of the statute of limitations, and the employee has appealed. Having thoroughly considered the record on appeal, we affirm and certify as final the trial court’s order.

allenf_031924.pdf

 

HAREN CONSTRUCTION COMPANY, INC. v. OLEN FORD

Court: TN Court of Appeals

Attorneys:

John P. Valliant, Jr., and John P. Valliant, III, Knoxville, Tennessee, for the appellant, Olen Ford.

Robert P. Noell and David J. Cantrell, Knoxville, Tennessee, for the appellee, Haren Construction Company, Inc.

Judge(s): SWINEY

The Chancery Court for Knox County (the “Trial Court”) granted the motion for partial summary judgment filed by Haren Construction Company, Inc. (“Plaintiff”), concluding that Olen Ford d/b/a Olen Ford Masonry and Construction (“Defendant”) had breached his contract with Plaintiff. The Trial Court awarded a judgment to Plaintiff against Defendant in the amount of $64,971.40. Defendant has appealed. Discerning no reversible error, we affirm the Trial Court’s judgment.

haren_031924.pdf

 

NICHOLAS D. BROOKS v. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

J. Jeffrey Lee, Memphis, Tennessee, for the appellant, Nicholas D. Brooks.

Jonathan Skrmetti, Attorney General and Reporter; Raymond J. Lepone, Assistant Attorney General; Steve Mulroy, District Attorney General; and Jose Leon, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): CAMPBELL

The Petitioner, Nicholas D. Brooks, appeals the Shelby County Criminal Court’s denial of his post-conviction petition, seeking relief from his convictions for two counts of first degree felony murder, one count of especially aggravated robbery, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. On appeal, the Petitioner contends that he received ineffective assistance of trial and appellate counsel. Based on our review, we affirm the judgment of the post-conviction court.

brooks_031924.pdf

STATE OF TENNESSEE v. NAKOMIS JONES

Court: TN Court of Criminal Appeals

Attorneys:

Nakomis Jones, for the appellant, Pro Se.

Jonathan Skrmetti, Attorney General and Reporter; Ronald L. Coleman, Senior Assistant Attorney General; Stephen J. Mulroy, District Attorney General; and Paul M. Lichlyter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

For events in 2001, a Shelby County jury convicted the Petitioner, Nakomis Jones, of murder, kidnapping, and gun related charges, and the trial court sentenced him to an effective sentence of life in prison plus thirty-eight years. The Petitioner unsuccessfully appealed his convictions, as well as filed for post-conviction relief, Federal habeas corpus relief, and motions to reopen the denial of relief in each instance. As relevant here, in 2022, the Petitioner filed a petition pursuant to the Post-Conviction Fingerprint Analysis Act of 2021. He sought fingerprint analysis of the palm print and a handgun collected during the investigation. The post-conviction court summarily dismissed the petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition. After review, we affirm the post-conviction court’s judgment.

jones_031924.pdf

PATRICK MARSHALL v. BRANDON WATWOOD, WARDEN

Court: TN Court of Criminal Appeals

Attorneys:

Patrick Marshall, Tiptonville, Tennessee, Pro Se.

Jonathan Skrmetti, Attorney General and Reporter; G. Kirby May, Assistant Attorney General; and Danny Goodman, Jr., District Attorney General, for the appellee, State of Tennessee.

Judge(s): HIXSON

The Petitioner, Patrick Marshall, appeals the Lake County Circuit Court’s summary dismissal of his petition for writ of habeas corpus relief. Based on our review, we affirm the summary dismissal of the petition.

marshallp_031924.pdf

STATE OF TENNESSEE v. ADRIAN MOORE

Court: TN Court of Criminal Appeals

Attorneys:

Joseph McClusky (on appeal) and Michael Campbell and Eric Mogy (at trial), Memphis, Tennessee, for the appellant, Adrian Moore.

Jonathan Skrmetti, Attorney General and Reporter; Abigail H. Rinard, Assistant Attorney General; Steve Mulroy, District Attorney General; and Jose Leon, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): CAMPBELL

The Defendant, Adrian Moore, was convicted in the Shelby County Criminal Court of second degree murder, voluntary manslaughter, especially aggravated robbery, and two counts of possession of a firearm by a convicted felon and received an effective sentence of forty-six years in confinement. On appeal, the Defendant claims that the evidence is insufficient to support his convictions of second degree murder and especially aggravated robbery. Based upon our review, we affirm the judgments of the trial court.

moore_031924.pdf

CARL FRANKLIN PENDERGRAST v. STATE OF TENNESSEE

Court: TN Court of Criminal Appeals

Attorneys:

Taylor D. Payne, Murfreesboro, Tennessee, for the appellant, Carl Franklin Pendergrast.

Jonathan Skrmetti, Attorney General and Reporter; Christian N. Clase, Assistant Attorney General; Robert J. Carter, District Attorney General; and Michael Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Petitioner, Carl Franklin Pendergrast, appeals the Bedford County Circuit Court’s denial of post-conviction relief from his guilty-pleaded convictions for four counts of sale of methamphetamine less than .5 grams, two counts of sale of hydrocodone, one count of sale of cocaine less than .5 grams, and one count of conspiracy to deliver methamphetamine less than .5 grams, for which he received a total effective sentence of twenty-six years’ incarceration. Petitioner contends that he is entitled to post-conviction relief because his guilty pleas were the product of coercion and, therefore, not voluntarily entered. Following a thorough review, we affirm the post-conviction court’s denial of relief.

pendergrast_031924.pdf

STATE OF TENNESSEE v. ANTONIO TURLEY

Court: TN Court of Criminal Appeals

Attorneys:

Shae Atkinson (on appeal) and Ann Schiller (at trial), Memphis, Tennessee, for the appellant, Antonio Turley

Jonathan Skrmetti, Attorney General and Reporter; Richard D. Douglas, Senior Assistant Attorney General; Stephen J. Mulroy, District Attorney General; and Meghan Fowler and Jeffrey D. Jones, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

A Shelby County jury convicted the Defendant, Antonio Turley, of attempted first degree murder, attempted first degree murder with serious bodily injury, and reckless endangerment with a dangerous weapon. The trial court imposed a total effective sentence of two consecutive life sentences without the possibility of parole. On appeal, the Defendant challenges the admission of certain evidence and the sufficiency of the evidence. He also alleges prosecutorial misconduct. After a thorough review of the record and applicable law, we affirm the trial court’s judgments

turley_031924.pdf

 

KYLE BRANDON RICHARDS v. THOMAS PERTTU, Residential Unit Manager, also named as Unknown Perta in the complaint, also known as Perttu

Court: 6th Circuit Court (Published Opinions)

Attorneys:

ARGUED: Sean Gray, UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for Appellant.

ARGUED: Joshua S. Smith, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

ON BRIEF: Sean Gray, J. Scott Ballenger, Lauren McNerney, UNIVERSITY OF VIRGINIA SCHOOL OF LAW, Charlottesville, Virginia, for Appellant

ON BRIEF: Joseph Y. Ho, Austin C. Raines, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

Kyle Brandon Richards, Baraga, Michigan, pro se.

Judge(s): GILMAN, READLER, and MATHIS, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Marquette

RONALD LEE GILMAN, Circuit Judge. Kyle Brandon Richards, a Michigan prisoner, appeals the district court’s judgment dismissing his 42 U.S.C. § 1983 civil-rights suit because Richards failed to exhaust his administrative remedies. For the reasons set forth below, we REVERSE the judgment of the district court and REMAND the case for further proceedings consistent with this opinion.

richards_031924.pdf

 

Questions, Comments? Email us at TBAToday@tnbar.org

About this publication: TN Legal News Now is a compilation of news digests compiled by TBA staff and stories about the TBA and other activities written by TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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