Memphis lawyer Scott Fitzhugh May Sr. died July 7 at the age of 83. A graduate of Auburn University and Vanderbilt University Law School, May practiced law in Memphis for more than 50 years. An avid outdoorsman, he spent summers in the Cumberland Plateau hiking, camping, caving and exploring waterfalls. He also took up kayaking, whitewater rafting and scuba diving. A memorial service will be held July 31 at 10 a.m. CDT at Second Presbyterian Church, 4055 Poplar Ave., Memphis 38111. The family will receive visitors from 11 a.m. to 12:30 p.m. that day. Memorial contributions may be made to the Monteagle Sunday School Assembly’s Nature Trails, 1 Assembly Ave., P.O. Box 307, Monteagle, TN 37356 or the Memphis University School, 6191 Park Ave., Memphis, TN 38119.

A Lake County grand jury has returned 50 indictments in 19 cases involving violent acts at the Northwest Correctional Complex in Tiptonville, the Associated Press reports. Among those indicted are former staff members and inmates. According to District Attorney Danny H. Goodman Jr., the cases involve five inmate murders, multiple assaults and charges of rape, kidnapping, possession of controlled substances, official misconduct and violating the oath of office. “Violence within the Department of Corrections has increased significantly in the past few years and we will continue to prosecute these cases to make the penal system as safe as possible for not only the correctional officers but the inmates who are serving a sentence,” Goodman said in a statement.

The U.S. Department of Justice (DOJ) said this week that it is creating a new global trade enforcement section of its National Fraud Division to investigate and prosecute criminal import, trade and customs fraud offenses. The new approach is a shift from pursuing administrative fines for such violations, Reuters reports. According to the DOJ, the mission of the section will be to investigate and prosecute criminal schemes to import goods illegally that violate U.S. product safety and anti-forced labor laws or misreport import values and other information to evade tariffs.

After attending a police use-of-force training session hosted by the Tennessee Bureau of Investigation, Shelby County District Attorney (DA) Steve Mulroy wrote an opinion piece about the experience for USA Today. The piece has drawn criticism from several other district attorneys in the state and at least one local police chief. In their own opinion piece, published in the Tennessean, three DAs say they “strongly reject” Mulroy’s assertions “regarding law enforcement, police training and the prosecution of officer-involved shootings.” Eight DAs also signed a letter rejecting the assertions in Mulroy’s piece. In response, Mulroy says his piece was not meant to criticize law enforcement, but rather the company that provided the training. According to Mulroy, Force Science is one of the main trainers of law enforcement agents across the country but embraces a “siege mentality” and mocks de-escalation techniques. Action News 5 has more on the story.

The Defendant, Sarah Elaine Smith, pled guilty to two counts of attempted aggravated assault and one count each of reckless endangerment with a deadly weapon, leaving the scene of an accident involving personal injury or death, leaving the scene of an accident involving property damage in excess of $1,500, reckless driving, failure to exercise due care, and failure to maintain lane, for which the trial court imposed an effective sentence of one year of supervised probation. Following a restitution hearing, the trial court ordered the Defendant to pay $16,250 in restitution in installments of $200 per month. The Defendant appeals, arguing that the restitution award is unreasonable, that she will be unable to pay the full amount of the restitution award by the end of her probationary sentence under her current payment schedule, and that the trial court erred by failing to consider her financial resources and ability to pay the restitution award. Following our review, we reverse the trial court’s restitution order and remand for entry of a revised restitution order.

The trial court granted the plaintiff’s motion to voluntarily dismiss her health care liability action against two defendants but retained jurisdiction to determine whether or not to award sanctions against the plaintiff’s attorneys. More than one year after the trial court entered the order of voluntary dismissal, but less than one year after the court entered an order on the sanctions issue, the plaintiff refiled her health care liability claims. The defendants filed a motion to dismiss, arguing that the plaintiff failed to refile her action within one year from the date the order of voluntary dismissal was entered. The trial court denied the motion based, in part, on its determination that the one-year statute of limitations did not commence until the date the sanctions order was entered because the first action did not conclude until then. Because we have determined that the one-year statute of limitations commenced on the date the court entered the order of voluntary dismissal, we reverse the trial court’s decision and remand for entry of an order granting the motion to dismiss.

This single appeal asks this Court to review the trial court’s sentencing and consequence determinations at Defendant’s, Brian Phillips, combined violation of probation and sentencing hearing in two separate matters. Defendant challenges the trial court’s denial of alternative sentencing following his guilty pleas to two counts of aggravated assault and one count of evading arrest in case number 130233 and violation of probation in case number 120731. Because the trial court did not abuse its discretion, we affirm.

Three candidates are running in the Republican Party primary for this fall’s gubernatorial race, and they have different views on death penalty methods, Tennessee Lookout reports. U.S. Sen. Marsha Blackburn has said she supports bringing back the electric chair, while U.S. Rep. John Rose of Cookeville supports continued use of lethal injection. State Rep. Monty Fritts of Kingston says the state’s efforts on executions have been a “failure,” noting the length of time it takes to carry out sentences. Read more about the candidates’ responses to a questionnaire on the topic from the news source.

The Defendant, Travis Cohens, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder, attempted second degree murder, reckless endangerment, two counts of employing a firearm during the commission of a dangerous felony, and convicted felon in possession of a handgun. He raises four issues on appeal: (1) whether the trial court erred in admitting evidence of his prior bad acts; (2) whether the evidence is sufficient to sustain his first degree premeditated murder conviction; (3) whether the trial court erred by failing to give a complete and accurate jury instruction as to the knowing and intentional mens rena; and (4) whether the prosecutor engaged in prosecutorial misconduct by misstating the mens rea to the jury during closing argument. We affirm the judgments of the trial court.

Bring your lunch and join colleagues for Sandwiches & Sidebars, a new quarterly networking meet-up hosted by the TBA Mentoring Committee. This casual gathering is a great opportunity to meet new people, expand your professional network, exchange ideas and connect with fellow members of the legal community in a relaxed setting. The first event will take place on July 20 from 11 a.m.-1 p.m. CDT at the TBA Office located at 3010 Poston Ave., Nashville 37203. Free street parking is available. TBA members should drop in as their schedule allows — stay for a few minutes or the full two hours. From experienced to mid-career attorneys to young lawyers to law students, all members of the legal community are encouraged to attend. This event is supported by the Young Lawyers Division. Hope to see you there!