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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: Laura Labenberg on Sep 19, 2024

About 40 law students from Belmont University College of Law met with leaders of the TBA Young Lawyers Division (YLD) last month. YLD Board members Ginny Blake, Grace Benitone Burnett, Billy Leslie, Alix Rogers and Ross Smith participated in a lively panel to discuss the many benefits of getting involved with the TBA. Membership, which is free to law students, provides access to continuing legal education, opportunities to network and savings on school supplies and insurance. The lawyers encouraged students to volunteer at clinics to help others, attend CLEs to increase their professional knowledge, and apply for the 2025 Diversity Leadership Institute (DLI), a six-month leadership and mentoring program. See photos from the event.

Posted by: Stacey Shrader Joslin on Sep 19, 2024

Shelby County lawyer Joann Nicholson Bell was reinstated to the practice of law on Sept. 12 after being on inactive status since March 19, 2009. Bell petitioned for reinstatement and the Tennessee Board of Professional Responsibility determined that reinstatement would be appropriate. The court released the order today.

Posted by: Azya Thornton on Sep 19, 2024

Jimmy Smith, Defendant, appeals the summary dismissal of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Because Defendant failed to state a colorable claim, we affirm the judgment of the trial court pursuant to Rule 20 of the Court of Criminal Appeals.

Posted by: Azya Thornton on Sep 19, 2024

Defendant, Lacorious Tyquez Fuller, appeals his Rutherford County Circuit Court conviction for conspiracy to deliver more than 150 grams of heroin, for which he received a sentence of 17 years’ incarceration. On appeal, Defendant challenges the sufficiency of the convicting evidence and the trial court’s admission of a video recording of a controlled purchase between Defendant and two confidential informants. Finding no reversible error, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Sep 19, 2024

This is an action for defamation and violation of the Tennessee Consumer Protection Act (“the TCPA”). The plaintiffs operated a teledentistry platform dedicated to providing remote treatment for mild-to-moderate malocclusion of the teeth. The defendants published an online article and broadcast an “investigative report” that alleged, inter alia, that the plaintiffs’ customers were experiencing “painful problems” such as nerve damage, joint damage, and loss of teeth. In their complaint, the plaintiffs argued these and other statements—as well as the implications derived from those statements—injured the plaintiffs’ reputation and disparaged the plaintiffs’ products, services, and business. The trial court dismissed the action under the Tennessee Public Participation Act (“the TPPA”), holding that the TCPA did not apply and that the plaintiffs failed to make a prima facie case for their defamation claims. This appeal followed. Considering the evidence in a light most favorable to the plaintiffs and disregarding all countervailing evidence, we have determined that the plaintiffs presented prima facie evidence of falsity to support some of their claims but failed to produce clear and convincing evidence of actual malice. Accordingly, we affirm the judgment of the trial court. Defendants ask for an award of their appellate attorney’s fees under Tennessee Code Annotated § 20-17-107, which requires an award of costs and fees “[i]f the court dismisses a legal action pursuant to a petition filed under [the TPPA].” Because we have affirmed the dismissal of the plaintiffs’ claims under the TPPA, Defendants are entitled to an award to be determined by the trial court on remand.

Posted by: Stacey Shrader Joslin on Sep 19, 2024

Former state Sen. Brian Kelsey is getting a three-month reprieve from reporting to federal prison while he appeals his case to the U.S. Supreme Court, Tennessee Lookout reports. Kelsey pleaded guilty to federal campaign finance fraud charges then sought to change his plea. A federal district court judge and a three-judge panel of the U.S. 6th Circuit Court of Appeals denied that effort. When his motion to have the matter reheard by the entire appellate court was rejected, he was ordered to report to federal prison by Oct. 1. Now the original three-judge panel has granted him 90 days to appeal the decision to the nation's highest court. Kelsey pleaded guilty in November 2022 to funneling more than $100,000 from his state campaign account through two political action committees to bolster his bid for a congressional seat.

Posted by: Stacey Shrader Joslin on Sep 19, 2024

Shelby County Circuit Court Judge Felicia Corbin-Johnson has ruled against a motion for default judgment in the case of Shelby County Clerk Wanda Halbert. In finding against special counsel Robert Meyers, Corbin-Johnson said Halbert deserves a full hearing on an ouster complaint. She also used the opportunity to urge the state legislature to revise the more than 100-year-old ouster statute to make the process more clear. Meyers had sought to declare Halbert in “default” and immediately remove her from office based on the argument that her attorneys had not responded directly to the complaint. That hearing was held earlier this week. Read about the parties’ arguments from the Daily Memphian.


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