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Posted by: Karen Belcher on Aug 21, 2020

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.

Posted by: Tanja Trezise on Jul 29, 2020

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.

Posted by: Wade Davies on Jul 1, 2020

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.

Posted by: Azya Thornton on Sep 18, 2024

The Petitioner, Radames Antonio Rivera, appeals the denial of his petition for post- conviction relief from his second degree murder conviction, arguing that his trial counsel provided ineffective assistance by failing to strike two jurors who had prior connections with the parties and by failing to effectively cross-examine a principal State witness. Based on our review, we affirm the judgment of the post-conviction court denying the petition.

Posted by: Azya Thornton on Sep 18, 2024

The Defendant, Taeshaun K. Patterson, was convicted by a Rutherford County Circuit Court jury of first degree felony murder, second degree murder, a Class A felony, facilitation of conspiracy to commit aggravated robbery, a Class D felony, facilitation to commit aggravated robbery, a Class C felony, and robbery in concert with two or more persons, a Class B felony. See T.C.A. §§ 39-13-202 (2018) (subsequently amended) (first degree murder), 39-13-210 (2018) (second degree murder), 39-11-403 (2018) (facilitation), 39-12-103 (2018) (criminal conspiracy), 39-13-402 (2018) (aggravated robbery), 39-13- 401 (2018) (robbery), 39-12-302 (2018) (sentencing classification for acting in concert). The Defendant was sentenced to life imprisonment. On appeal, he contends that (1) the evidence is insufficient to support his convictions and (2) the trial court should have held a sentencing hearing for the first degree murder conviction. We affirm the judgments of the trial court. However, in light of State v. Booker, 656 S.W.3d 49 (Tenn. 2022), we remand for the entry of an amended first degree felony murder judgment form to reflect in the special conditions section that the Defendant is entitled to an individualized parole hearing after serving between twenty-five and thirty-six years of his life sentence.

Posted by: Azya Thornton on Sep 18, 2024

Plaintiff insurance company is the insurance carrier for an insurance agency that was sued for negligence in five Tennessee lawsuits. After the underlying lawsuits were settled, the plaintiff, in its own name and on behalf of its insured, sued the law firm that represented the insured in the lawsuits. The plaintiff asserted a direct legal malpractice claim, a legal malpractice claim as subrogee of the insured, and a negligent misrepresentation claim. The trial court dismissed all claims. In particular, the trial court ruled that the plaintiff could not maintain a direct legal malpractice claim against the law firm due to the lack of attorney- client relationship and that the assignment of legal malpractice claims is prohibited in Tennessee. In the alternative, the trial court ruled that the plaintiff could not establish the damages element of its legal malpractice claims. The trial court further ruled that the plaintiff failed to establish a misrepresentation of existing or past fact. We affirm the trial court’s dismissal of the plaintiff’s direct legal malpractice action. As to the remainder of the trial court’s rulings, however, we reverse.

Posted by: Azya Thornton on Sep 18, 2024

A recent revision to Tennessee's school library law, passed in 2023, has led to the removal of more than 1,100 books across the state, according to a survey by the Tennessee Association of School Librarians. The Tennessee Lookout reports that the law requires periodic reviews of catalogs to ensure materials are appropriate for the ages and maturity levels of the students who can access them. It also broadened the definition of what school library materials are prohibited. Kathy Sinback, executive director of the ACLU of Tennessee, suggests that the law is vulnerable to a legal challenge, alleging it is vague and applied unevenly across the state. While some school districts have removed books proactively, others are using a more deliberate review process. Sen. Joey Hensley, R-Hohenwald, a sponsor of the law said its intent is "simply to ensure public schools do not give children access to materials that are not appropriate for their ages.”

Posted by: Azya Thornton on Sep 18, 2024

The Hamilton County Jail has launched a new electrical vocational program in partnership with Chattanooga State Community College, aiming to reduce recidivism by providing inmates with job training. Participants in the eight-week program will receive instruction mirroring Chattanooga State's courses and earn college credit applicable towards vocational programs, according to the Chattanooga Times Free Press. Hamilton County Mayor Weston Wamp said funding for reentry programs comes from opioid abatement dollars. Organizers believe the initiative can offer inmates a pathway to employment outside the criminal justice system.

Posted by: Azya Thornton on Sep 18, 2024

Kimberly Lund was sworn in as chancellor of the newly created 19th Judicial District Chancery Court, which covers Montgomery and Robertson counties, last week. She will share the workload of the court, which covers Montgomery and Robertson counties, with Chancellor Ben Dean. Appointed by Gov. Bill Lee, Lund previously served as an assistant district attorney in the district for nearly two decades. Lund earned her bachelor's degree from the University of Kentucky and her law degree from Michigan State University. Smokey Barn News has more on the story.

Posted by: Azya Thornton on Sep 18, 2024

U.S. Attorney Kevin Ritz announced his resignation today, effective immediately. Ritz, who has served as the U.S. attorney for the Western District of Tennessee since 2022, was confirmed by the U.S. Senate this week to the 6th U.S. Circuit Court of Appeals. In announcing his resignation, Ritz said, "It has been such a tremendous honor to serve our country in the U.S. Attorney’s Office for 19 years — and to lead the office for the last two years. I’m especially lucky to have served as an Assistant United States Attorney and as United States Attorney in my hometown of Memphis. I am immensely proud to say that the United States is the only client I have ever had.” Read more in a press release from the office.


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