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Posted by: Berkley Schwarz on Dec 11, 2025

The Tennessee Supreme Court on Dec. 10 rejected two constitutional challenges to the state’s 2022 redistricting of legislative districts. A challenge from Gibson County voter Gary Wygant claimed the new House map was unconstitutional because it split the county into two districts, while a challenge from Davidson County voter Francie Hunt claimed the Senate map was unconstitutional because it did not consecutively number the county’s four districts for that body. During trial, the state argued that the challengers had limited or no standing to sue.

The three-judge panel issued a divided opinion holding that: (1) Wygant had standing to bring a district-specific challenge to the House plan; (2) the House plan was constitutional; (3) Hunt had standing to challenge the Senate plan; and (4) the Senate plan was unconstitutional. The panel dismissed Wygant’s challenge to the House plan with prejudice. The panel entered judgment for Hunt as to the Senate plan and ordered the General Assembly to adopt a constitutionally compliant Senate plan by Jan. 31, 2024.

The Supreme Court affirmed in part and reversed in part. It affirmed the trial court’s judgment rejecting Wygant’s district-specific challenge on the merits, reversed the judgment concluding that Hunt had standing, and vacated the judgment holding the Senate map unconstitutional. Read more about the decision in a news release from the Administrative Office of the Courts or view the opinions in the case.

Posted by: Stacey Shrader Joslin on Dec 11, 2025

Two Tennessee Bar Association programs were named the best in the state by the Tennessee Society of Association Executives (TNSAE) at a luncheon and awards ceremony in Franklin. TBA staff were on hand to accept the awards. The TBA's indigent representation education campaign won in the "Associations Impacting Tennessee" category, which recognizes programs that provide community assistance or respond to a community need. Over the course of six months, the TBA launched an intensive campaign to educate lawmakers and the legal community about a new approach to providing free legal services to the indigent. The effort resulted in the General Assembly adopting a new system to improve representation for needy Tennesseans. The TBA also won in the "Best Continuing Education Program" category for its Murder Mystery CLE. The program, sponsored by the Criminal Justice Section, blended education and entertainment in a truly innovative way by immersing participants in a 1920s investigation and using real Tennessee criminal laws to solve a fictional case. Held in person last May, it delivered hands-on learning, collaboration and engagement. Congratulations to all TBA members and staff who were involved in advancing these programs! See photos from the ceremony.

Posted by: Azya Thornton on Dec 11, 2025

Billy J. Hancock, Defendant, was convicted of first degree premeditated murder, felony murder, especially aggravated kidnapping, and abuse of a corpse. State v. Hancock, No. M0212-02307-CCA-R3-CD, 2014 WL 7006969, at *1 (Tenn. Crim. App. Dec. 12, 2014), perm. app. denied (Tenn. May 14, 2015). His convictions were affirmed on appeal. Defendant filed a pro se motion to correct a clerical error pursuant to Tennessee Rule of Criminal Procedure 36 on January 30, 2025, in which he argued that the trial court committed a clerical error by checking the “T.D.O.C.” box on the judgment form and by ordering his sentence to be served as a “100 percent violent offender.” The trial court denied the motion, finding that Defendant failed to state a colorable claim. Defendant appealed. We affirm the judgment of the trial court.

Posted by: Azya Thornton on Dec 11, 2025

In this case involving termination of the father’s parental rights to his child, the Loudon County Circuit Court (“trial court”) determined that clear and convincing evidence supported termination as to three statutory grounds: abandonment by failure to support, failure to establish paternity, and failure to manifest an ability and willingness to assume legal and physical custody of or financial responsibility for the child. The trial court further determined that termination of the father’s parental rights was in the child’s best interest. The father has appealed. Upon review, we reverse the trial court’s determination that the ground of abandonment by failure to visit had not been established by clear and convincing evidence. Accordingly, we find that ground also supports termination of the father’s parental rights. In all other respects, we affirm.

Posted by: Azya Thornton on Dec 11, 2025

This is an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B § 2.02 from the trial court’s denial of a motion for recusal. We have determined that the petition must be summarily dismissed due to substantive failures to comply with Rule 10B. Accordingly, the appeal is dismissed.

Posted by: Azya Thornton on Dec 11, 2025

The parties sought a divorce from one another and specifically contested who should be their child’s primary residential parent. After a three-day trial, the General Sessions Court for Roane County (“the Trial Court”) entered a final decree of divorce and designated the mother as the child’s primary residential parent. The father appealed. Finding that the Trial Court’s judgment lacked sufficient findings of fact and consideration of the best interest factors codified in Tenn. Code Ann. § 36-6-106, we vacate the Trial Court’s custody determination and remand this cause for the Trial Court to provide written findings of facts and conclusions of law, demonstrating its consideration of the best interest factors.

Posted by: Stacey Shrader Joslin on Dec 11, 2025

The University of Tennessee Winston College of Law is seeking to hire a director of externships to begin no later than Aug. 1, 2026. The faculty-level position will include responsibility for judicial, prosecution and public defender externships, field placements, and the semester in residence program. Applications should be submitted online no later than Jan. 9, 2026. View the full job description or apply online. For questions, please contact professors Paula Schaefer and Danny Schaffzin, co-chairs of the Externship Director Search Committee.

Posted by: Azya Thornton on Dec 11, 2025

This is a legal malpractice action that arises from alleged acts or omissions committed by attorney Steven L. Lefkovitz of Lefkovitz & Lefkovitz, PLLC, (“Defendant”) while representing Julie Buhler in a real estate dispute with Richard and Ellen Davis (“Sellers”) under an installment sales contract. The trial court summarily dismissed the legal malpractice action on the ground that two essential elements of a legal malpractice claim were not proven, specifically that “Plaintiff has failed to prove that Mr. Lefkovitz’s conduct was the cause-in-fact of her damages,” and “Plaintiff has not shown that Mr. Lefkovitz’s conduct was the proximate cause of her damages.” This appeal followed. We affirm.

Posted by: Stacey Shrader Joslin on Dec 11, 2025

A lawsuit filed last summer challenging a new state law — which eliminated consideration of a defendant’s ability to pay from judges’ bail decisions — has been certified as a class action, the Daily Memphian reports. The suit, filed by advocacy group Just City, now represents thousands of defendants who have been incarcerated in Memphis since the law took effect in May 2024. U.S. District Judge Thomas Parker said he granted the class certification because it met the requirements to do so under federal law, including having the amount of defendants required to become a class. The case is set to go to trial Feb. 23, 2026.

Posted by: Stacey Shrader Joslin on Dec 11, 2025

The Tennessee Comptroller’s Office has found that Weakley County Circuit Court Clerk Courtney McMinn improperly signed petitions to expunge criminal records for someone who was not eligible for expungement under state law. The office found that McMinn prepared four petitions for a person convicted of forgery in Weakley, Obion, Henry and Carroll counties and sent the petitions to court clerks in those counties. She signed the individual’s name on all four petitions and did not disclose the multiple convictions to the other clerks. Expungements ultimately were approved in Weakley and Carroll counties, but since have been reversed. The process in other counties was halted once the situation became known. The comptroller’s report was released on Dec. 8, six days after McMinn submitted notice of her resignation effective on Dec. 31, according to the Rogersville Review.


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