In an opinion released last week, the Tennessee Supreme Court unanimously held that a trial court's voluntary dismissal order in a governmental tort liability action could not be altered or amended because the plaintiff’s amended complaint rendered it of no legal effect. The decision came in the case of George Gary Ingram, who filed a lawsuit against a physician, a hospital and two other defendants after suffering complications following a medical procedure. Ingram later filed an amended complaint that named only the physician as a defendant. The physician argued the lawsuit should be dismissed under the Governmental Tort Liability Act because the hospital, which was his employer and a governmental entity, was required to be named a party to the suit. Read more from the AOC.

The Tennessee Supreme Court has appointed former Judge W. Mark Ward as a senior judge for a term of four years. He will take senior status on June 1. Ward previously served as a criminal court judge in the 30th Judicial District from 2004-2022. He is the author of “Tennessee Criminal Trial Practice,” which is used by judges, prosecutors and defense attorneys and is known as the authoritative treatise on criminal trial practice in Tennessee. In making the announcement, Chief Justice Roger A. Page said the new appointment will help reduce docket backlogs in the state and fill openings when conflicts of interest require a judge to recuse from a case. The Tennessee Administrative Office of the Courts has more on the appointment.

The Tennessee Supreme Court said Monday it would uphold the forgery convictions and sentences of five defendants who filed more than 100 fraudulent financing statements on the Secretary of State’s website, the Chattanoogan reports. The financing statements falsely claimed liens for the defendants’ alleged security interest in the victims’ property as collateral for millions of dollars in fictitious debt. The defendants were named in a multi-count indictment that charged them with 102 counts of filing a lien without a reasonable basis, a Class E felony, and 102 counts of forgery of at least $250,000, a Class A felony. The Court of Criminal Appeals had affirmed their convictions and sentences ranging from 20 to 50 years.

The Tennessee Supreme Court today upheld the conviction of Kemontea Dovon McKinney on first-degree murder and aggravated robbery charges, finding that his statements to detectives and waiver of Miranda rights were voluntary. The court also concluded that the evidence was sufficient to support the convictions. During his trial, McKinney unsuccessfully challenged the admission of statements made to detectives, arguing that he did not knowingly and voluntarily waive his Miranda rights. McKinney appealed to the Court of Criminal Appeals, which found that the trial court erred when it denied the motion to suppress. The appellate court found that an involuntary-confession claim is “inextricably linked” to a Miranda-waiver claim. It also found the evidence was insufficient to support the murder conviction. The Supreme Court reversed that decision finding that the voluntariness test is distinct from the Miranda test and that after separately applying both tests, the statements and the waiver were found to be voluntary.

Tennessee Supreme Court Justice Sharon G. Lee will be honored next month with the Tennessee Bar Association’s prestigious Justice Frank F. Drowota III Outstanding Judicial Service Award, the association’s highest award for service to the judiciary. The award will be presented at the TBA’s Bench Bar Luncheon set for June 15 as part of the association’s Annual Convention in Knoxville. Lee was selected for this award for her many years of service to the bench and the legal profession. As chief justice of the court from 2014-2016, Lee worked tirelessly to improve the state’s legal system and its administration of justice. She emphasized access to justice efforts, established the state’s first Business Court pilot project, implemented electronic filing with the appellate courts, and undertook a review of the state’s indigent representation system. Often described as a “Justice for the People,” Lee has shown humility, respect for those appearing before the courts, and a recognition that cases involve not only legal issues and concepts, but real problems that impact real people’s lives. Read more about her career and accomplishments.

The Tennessee Supreme Court in a ruling released Friday extended the favorable termination standard to claims for malicious prosecution only if an objective examination, limited to the documents disposing of the proceeding or the applicable procedural rules, indicates the termination of the underlying criminal proceeding reflects on the merits of the case and was due to the innocence of the accused. Read the full ruling.

A story in Friday’s issue of TBA Today reported that the Tennessee legislature approved several amendments to the Tennessee Supreme Court Rules. The story indicated that the amendments approved were the same as those put out for public comment. In fact, the court did change the rules package after the comment period. The language sent to and approved by the legislature did not include changes to Rule 41 of the Rules of Criminal Procedure. That rule was returned to the Rules Commission for further consideration. View the final changes to Rule 5.02 of the Rules of Civil Procedure and Rule 49 of the Rules of Criminal Procedure.

The Tennessee Supreme Court today issued notice that the state Senate and House have ratified amendments to the Tennessee Rules of Civil Procedure and Tennessee Rules of Criminal Procedure as proposed by the court. The amendments will take effect on July 1. See a description of the amendments in the court’s order soliciting comments. Based on the comments received, the court did not include changes to Rules of Criminal Procedure Rule 41 in its submission to the legislature. That proposed change was returned to the Rules Commission for further consideration.

The Tennessee Supreme Court yesterday issued an order adopting an amendment to Tennessee Supreme Court Rule 10B, Section 2.07. The amendment took effect immediately. The amendment added the following sentence to the end of the section: “Tenn. R. App. P. 39 (“Rehearing”) does not apply to the Supreme Court’s decision on an accelerated interlocutory appeal, and a petition for rehearing pursuant to that rule is therefore not permitted in such appeals.”

The Tennessee Supreme Court Access to Justice Commission has kicked off its annual Help4TNMonth celebration, which will feature expungement and general civil legal advice clinics throughout April. Help4TNMonth, celebrated each April, highlights the need for free and reduced fee legal services in Tennessee and spotlights organizations that provide these services throughout the year. Check out next month’s calendar of events, submit an event to be added or sign up to volunteer at clinic.