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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.

Posted by: Azya Thornton on Sep 18, 2024

The Girl Scouts of Southern Appalachians will honor retired Tennessee Supreme Court Justice Sharon G. Lee at a luncheon on Oct. 3. According to Knox TN Today, Lee, a former Girl Scout herself, is being recognized for her achievements in law and her role as a role model. “Justice Lee is a great example of a Girl Scout who grew into a distinguished leader in her field and paved the way for future generations, which is the very essence of what Girl Scouting represents,” said CEO Lynne Fugate. The luncheon will be held at The Foundry in Knoxville and is open to the public. Tickets are available at TrefoilSociety.org. Last week, the group honored Johnson City Juvenile Court Judge Judge Sharon Green. WJHL has a report from that event.

Posted by: Azya Thornton on Sep 18, 2024

A new program is being launched nationwide to provide incarcerated individuals with the opportunity to earn high school diplomas through virtual classes on tablets. The initiative, a partnership between ViaPath, Promising People and American High School, aims to increase educational access and reduce recidivism rates. According to News Channel 5 Nashville, advocates say the program is promising, as many inmates are reported to lack basic literacy skills. The devices' functions are limited by design for security purposes. Tony Lowden, chief social impact officer for ViaPath, said the company's tablets will not carry note taking apps due to security risks like inmates communicating covertly.

Posted by: Azya Thornton on Sep 18, 2024

During a closed-door meeting of the U.S. Judicial Conference on Tuesday, Sen. Dick Durbin, Democrat of Illinois and chair of the U.S. Senate Judiciary Committee, urged U.S. Supreme Court Chief Justice John Roberts to implement an enforceable ethics code for the court. Durbin argued that the court's recently adopted code — its first formal set of ethical guidelines for the nine justices — lacks necessary enforcement mechanisms, according to Reuters. Adopted in November 2023 after reports that justices received undisclosed gifts and luxury trips, the new code allows members of the court to self-regulate their recusal decisions, unlike the binding standards for lower-court judges. Durbin emphasized that while the new code represents a step forward, it must be made enforceable. President Joe Biden also has called on Congress to establish a binding code for justices. Others argue, however, that the U.S. Constitution does not give Congress the authority to regulate the court.

Posted by: Stacey Shrader Joslin on Sep 18, 2024

On Sept. 13, the Tennessee Supreme Court denied a petition to dissolve a suspension against Knox County Mark Steven Graham. The court had suspended Graham’s license on May 20 for “substantial noncompliance with a Tennessee Lawyers Assistance Program.” Graham filed a petition on May 4 to dissolve the suspension, which the court dismissed. Graham then filed a request for reconsideration alleging additional facts. That petition was referred to the Board of Professional Responsibility, which held a hearing, with members of the panel recommending that Graham remain suspended.


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