TBA's Indigent Representation Primer series recently featured two articles that provide basics about Tennessee's system for appointed counsel as well as context for discussions about increased resources for indigent representation. The initial primer article introduces the basics of our state's system and the situations that require counsel be appointed for individuals unable to afford representation. The second primer article highlights background and data about Tennessee's Indigent Representation Program, including how courts determine and assign counsel for indigent defendants and vulnerable individuals. Both items include information about the General Assembly's 2024 increased funding for indigent representation — a step in the right direction, but still leaving a significant gap to fill.

CLAY, Circuit Judge. This 42 U.S.C. § 1983 action arises from a criminal investigation of Plaintiffs for a fire that occurred at their restaurant in Westland, Michigan. In Case No. 19-1882, Defendants John Adams and Michael Reddy Jr. appeal the district court’s denial of their motion to dismiss Plaintiffs’ civil conspiracy claim on qualified immunity grounds. In Case No. 19-1870, Defendant Michael Reddy Sr. appeals the district court’s denial of his motion to dismiss Plaintiffs’ civil conspiracy claim for failure to state a claim on which relief can be granted. And in Case No. 19-1857, Defendant Richard Sanchez appeals the district court’s denial of his motion to dismiss Plaintiffs’ Fourth Amendment unlawful search and seizure claim on qualified immunity grounds. For the reasons that follow, we dismiss Reddy Sr.’s appeal for lack of jurisdiction and affirm the district court’s order with respect to the other Defendants.

The Defendant, Yancey Lee Williams II, was convicted by a jury of first degree premeditated murder, for which he received a sentence of life imprisonment. On appeal, the Defendant argues that (1) there was insufficient evidence to support his conviction, specifically, challenging the element of premeditation; (2) the trial court erred by finding that he was engaged in unlawful activity and thereby omitting the “no duty to retreat” language from the self-defense instruction; (3) the prosecutor made improper and inflammatory comments regarding religion and race during closing arguments; and (4) plain error occurred when the State failed to provide pretrial documentation of a witness’s statement to law enforcement despite an order being in place directing such disclosure. After a thorough review of the record, we affirm the judgment of the trial court.

In Tennessee, is there ever a time when a prosecutor would not be allowed to dismiss a case after indictment? Politics aside, the controversy over the United States Department of Justice’s motion to dismiss the case against Michael Flynn presents important issues regarding the scope of authority between prosecutors and courts.

A homeowner brought suit against the owner of the house next door, asserting a claim for breach of a joint driveway agreement and an alternative action for a declaratory judgment that the neighbor had abandoned the easement created by the driveway agreement. The neighbor filed counterclaims for a declaratory judgment, trespass, and an alternative claim for rescission for failure of consideration. After a trial, the trial court entered a final order determining the boundaries of the easement established by the driveway agreement; the court rejected the plaintiff’s claims for breach of the easement and abandonment as well as the defendant’s claim for trespass. On appeal, the plaintiff argues that the trial court erred in its rulings regarding the boundaries of the easement, its denial of her claims for breach of the easement and abandonment, and in its award of discretionary costs to the defendant. We find no error and affirm the judgment of the trial court.

State Sen. Richard Briggs, R-Knoxville, and state Rep. Sam McKenzie, D-Knoxville, plan to work on changes to Tennessee's school book ban law after the local "Roots" controversy exposed problems in its application, Knox News reports. Briggs says he is concerned about the law causing confusion and wants to clarify how a local school board can step in. Tennessee's Age-Appropriate Materials Act in its current form does not outline who gets the final say, according to the paper. The legislators are reacting to a request from the Knox County Board of Education urging the state to look again at the law.

A law passed by the Tennessee General Assembly during the recent legislative session imposes a tax on international financial transfers. Months before the law is set to take effect, an association of financial technology institutions — which includes PayPal and SoFi — has filed a lawsuit that challenges its constitutionality. “This law raises taxes on Tennessee consumers, businesses, and non-profits, and contradicts recently passed federal law while also running afoul of the Foreign Commerce Clause in the U.S. Constitution,” Financial Technology Association President and CEO Penny Lee said, at the time the law was passed. The Nashville Banner reports on the suit.

Nashville Mayor Freddie O'Connell announced that the city is filing a new lawsuit to block the state's latest attempt to control the airport authority's board of directors. Axios Nashville reports that the Metro Nashville Airport Authority Board also voted to join the litigation. The city is citing federal law, saying the FAA will not approve a change of sponsor if the current board does not consent to the change. The city’s fight on this issue dates back to 2023, when the state first passed legislation aimed at taking over the airport board. Metro sued to stop the takeover and won, and that ruling was unanimously upheld by the Tennessee Court of Appeals. The state challenged that decision and the Tennessee Supreme Court heard the case in February. In May, Gov. Bill Lee signed new legislation giving the state authority over the Nashville and four other airport authorities.

Knoxville businessman and University of Tennessee College of Law (UT Law) graduate James Nicholas "Nic" Arning died June 13 at age 79. Arning earned his law degree from UT Law in 1974. After passing the bar, he assisted friends and clients with wills and other legal matters and occasionally served as appointed pro bono counsel for those in need. Rather than practicing law full time, Arning used his legal training to help grow his family's business, Arning Insurance Agency. The family will receive friends June 23 from 11 a.m. to 1 p.m. EDT at Rose Mortuary-Mann Heritage Chapel, 6200 Kingston Pike in Knoxville, followed by a graveside service at 2 p.m. at Edgewood Cemetery. Memorial donations may be made to Challenger Sports, c/o Knox Youth Sports, Lakeshore Park, 5908 Lyons View Pike, Knoxville, TN 37919.