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Posted by: Brooke Leeton on Nov 13, 2025

The TBA Administrative Law Section has announced recent Belmont University College of Law graduate Zach Sterne as the winner of its 2024-2025 writing competition for his essay "Standing Up for Setting Aside: Vacatur’s Valid Role as a Remedy Under Section 706 of the Administrative Procedure Act." Sterne graduated from Belmont in May 2025, where he served as managing editor of the Belmont Law Review and was recognized as its “Most Valuable Editor.” During law school, Sterne also distinguished himself as chief brief writer and swing advocate for the championship team at the 2025 McGee Civil Rights Moot Court Competition, where he earned both the Best Oral Advocate Award and Top Respondent Brief Award. Sterne is now an associate attorney at Ortale Kelley, where his practice focuses on federal litigation, civil rights, appellate advocacy, complex tort litigation and government liability. The section currently is accepting submissions for its 2025-2026 writing competition. Check out the guidelines here and apply by April 30, 2026.

Posted by: Stacey Shrader Joslin on Nov 13, 2025

The Tennessee Supreme Court temporarily suspended Idaho lawyer Edward Kendall White on Nov. 12 after he failed to respond to the Board of Professional Responsibility about a complaint of misconduct. He is immediately precluded from accepting any new cases, and must cease representing existing clients by Dec. 12. The suspension will remain in effect until dissolution or modification by the Supreme Court.

Posted by: Azya Thornton on Nov 12, 2025

The State appeals the trial court’s dismissal of the indictment against the defendant, Destiny Sharina Williams, charging her with assault and abuse of a vulnerable adult. The State argues that dismissal was in error because the trial court based its decision on the State’s failure to object to a delayed dismissal of warrants against the defendant in city court. Upon our review of the record, the applicable law, and the parties’ briefs, we reverse the trial court’s order dismissing the indictment, reinstate the charges against the defendant, and remand the case to the trial court for further proceedings.

Posted by: Azya Thornton on Nov 12, 2025

The petitioner, Tarvis Weatherly, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Posted by: Azya Thornton on Nov 12, 2025

A Knox County jury convicted the Defendant, Timothy Stanton, of aggravated kidnapping, aggravated assault, and domestic assault. The trial court imposed an effective sentence of twelve years’ incarceration. On appeal, the Defendant argues that the trial court erred in denying his motion for a judgment of acquittal upon conclusion of the State’s case. He also asserts that his conviction for aggravated kidnapping cannot stand because the victim’s confinement was merely incidental to the accompanying assault under State v. White, 362 S.W.3d 559 (Tenn. 2012). Upon our review, we respectfully affirm the judgments of the trial court.

Posted by: Azya Thornton on Nov 12, 2025

Arthur Davis Hicks, Jr., (“Defendant”) appeals his convictions for reckless aggravated assault resulting in death and felon in possession of a weapon, for which he received a total effective sentence of twenty-eight years’ incarceration. Defendant contends that: (1) the evidence is insufficient to support his convictions; (2) the trial court abused its discretion by admitting testimony from the State’s expert forensic scientist regarding gunshot residue analysis performed by her co-worker; (3) the trial court erred in excluding testimony regarding the victim’s prior history of carrying a weapon and his “violent tendencies”; and (4) the trial court imposed an excessive sentence. Upon review, we affirm the judgments of the trial court.

Posted by: Azya Thornton on Nov 12, 2025

In 2010, a Shelby County jury convicted the Petitioner, Andrew Hayes, of first degree felony murder and aggravated robbery, and the trial court imposed an effective sentence of life imprisonment. After unsuccessfully pursuing a variety of post-conviction remedies in state and federal court, the Petitioner filed a petition for writ of error coram nobis, wherein he included nine pieces of “new” evidence and argued that he was entitled to equitable tolling of the one-year statute of limitations. He then filed an amended petition for writ of error coram nobis, wherein he included a tenth piece of “new” evidence as well as some allegedly exculpatory evidence and argued that the statute of limitations should be tolled because this newly discovered evidence met the standard in Clardy v. State, 691 S.W.3d 390 (Tenn. 2024). The coram nobis court summarily dismissed the coram nobis petition, holding that it was untimely because the Petitioner was not entitled to equitable tolling. The Petitioner now appeals, arguing that the summary dismissal of his petition for writ of error coram nobis was in error. After review, we affirm the judgment of the coram nobis court.

Posted by: Azya Thornton on Nov 12, 2025

The Petitioner, Quincy Collins, appeals from the Madison County Circuit Court’s denial of his petition for post-conviction relief, arguing he received the ineffective assistance of counsel due to trial counsel’s failure to challenge the sufficiency of the convicting evidence in the Petitioner’s direct appeal. Discerning no error, we affirm.

Posted by: Azya Thornton on Nov 12, 2025

The petitioner, Timothy Aaron Baxter, appeals from the Madison County Circuit Court’s denial of his pro se motion to correct a clerical error pursuant to Tennessee Rule of Criminal Procedure 36. Based on our review of the record, the parties’ briefs, and the applicable law, we affirm the decision of the trial court.

Posted by: Azya Thornton on Nov 12, 2025

Appellant/Mother appeals the trial court’s grant of Appellee/Father’s post-divorce petitions to modify the permanent parenting plan and for contempt. The trial court changed the children’s primary residential parent from Mother to Father. Although the trial court made a change in custody, it applied Tennessee Code Annotated section 36-6-101(a)(2)(C), which addresses modification of a residential schedule. Tennessee Code Annotated section 36-6-101(a)(2)(B), which addresses modifications of custody, is the applicable statute. The trial court also charged Mother with one child’s tuition. In doing so, the trial court failed to comply with the requirements of the Child Support Guidelines. As such, we vacate the order: (1) modifying the permanent parenting plan; (2) modifying the Child Support Worksheet, and (3) charging Mother with the child’s private school tuition. The trial court also charged Mother with retroactive child support, found her guilty of three counts of civil contempt for alleged violations of the permanent parenting plan, and ordered her to pay Father’s attorney’s fees as punishment for the contempt. Because the record does not support the trial court’s findings of contempt, we reverse the contempt holdings and the award of attorney’s fees to Father. Because there is no basis for an award of retroactive child support, we also reverse that holding.


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