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Posted by: Jarod Word on Aug 12, 2025

The recent TBA Elder Law Forum was a hit, with more than 75 in-person attendees. This seminar remains the premier event for Tennessee eldercare professionals and lawyers in related practice areas. The success is a testament to the topnotch programming, presenters and hard work of the TBA Elder Law Section leadership. If you missed the forum, individual sessions will be available soon on the TBA CLE website. Thanks to Belmont College of Law for hosting the event, and to forum sponsors Krause Financial, Vista Points Special Needs Trust, McKinney-Green Insurance, Southeastern Trust Company and Cumberland Trust. Photos from the event can be found here.

Posted by: Stacey Shrader Joslin on Aug 11, 2025

The U.S. 6th Circuit Court of Appeals has affirmed sentences in two gun possessions arising from cases in Memphis. In the first ruling, the court upheld a 108-month federal sentence for a Memphis man convicted of possessing a machine gun. In 2024, Senior U.S. District Judge John T. Fowlkes sentenced Jaquan Bridges to 108 months in federal prison, followed by three years of supervised release. Bridges appealed the judgment, arguing that the prosecution violated his Second Amendment right to bear arms. The appeals court upheld the sentence and the constitutionality of the federal statute regulating the possession of machine guns. In the second case, the appeals court upheld a 50-year federal prison sentence handed down to Louis Holloway, who was convicted in 2022 for the attempted robbery and death of University of Memphis student John Stambaugh. Holloway originally was sentenced to life in prison but due to changes in the law, that sentence was vacated. At a resentencing hearing, U.S. District Judge Samuel H. Mays sentenced Holloway to 50 years in federal prison, the statutory maximum, followed by three years of supervised release. The appeals court affirmed that sentence, holding it was reasonable considering the horrific nature of the offense and Holloway’s serious criminal history. Read more about these cases from the U.S. Attorney’s Office for the Western District of Tennessee.

Posted by: Azya Thornton on Aug 11, 2025

THAPAR, Circuit Judge. St. Paul Croatian Federal Credit Union collapsed in 2010. After taking control of the failed credit union, the National Credit Union Administration Board sued Tina Zai and her husband, seeking to recover tens of millions of dollars they owed to St. Paul. Zai ultimately settled that lawsuit. Now, over a decade later, Zai has filed a new case against the Board. She alleges that the Board breached the settlement agreement that resolved the first lawsuit. But the merits of her case aren’t before us. Instead, this case turns on a jurisdictional question: does Zai’s lawsuit belong in federal court? Because it does, we vacate the district court’s judgment dismissing the case.

Posted by: Azya Thornton on Aug 11, 2025

MATHIS, Circuit Judge. Michael and Susan Mockeridge claim that three local government officials violated their Fourth Amendment rights by searching the area surrounding mini-cabins they own, which are located on a clearing of their secluded 40-acre retreat in the Michigan woodlands. The district court rejected the three officials’ qualified-immunity defense, and the officials appealed. We affirm.

Posted by: Azya Thornton on Aug 11, 2025

The Defendant, Desmond Johnson, pled guilty in the Shelby County Criminal Court to aggravated assault, a Class C felony, in exchange for an agreed sentence of four years as a Range I offender, with the manner of service to be determined by the trial court. At the conclusion of the sentencing hearing, the trial court sentenced the Defendant to supervised probation. On appeal, the Defendant contends that the trial court erred by denying his request for judicial diversion. Because the Defendant failed to file a Tennessee Bureau of Investigation (“TBI”) certificate of eligibility for judicial diversion with the trial court, we conclude that the trial court was precluded from considering the Defendant’s request for judicial diversion. Accordingly, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Aug 11, 2025

A Knox County jury convicted the Defendant, Robert Joseph Atkins, of delivery of a Schedule I controlled substance (acetylfentanyl) within 1,000 feet of a drug-free zone and delivery of a Schedule II controlled substance (fentanyl) within 1,000 feet of a drug-free zone. On appeal, the Defendant argues: (1) the trial court erred by admitting his statements to law enforcement because new testimony at trial corroborated his claim that his statements were involuntary; (2) the trial court failed to properly instruct the jury on the inference of casual exchange and the order of consideration; and (3) the evidence is insufficient to sustain his convictions. Upon review, we affirm.

Posted by: Azya Thornton on Aug 11, 2025

This appeal concerns the modification of a parenting plan. Alexander Georg Warnatzsch (“Father”) filed a petition against his ex-wife Ashly Camille Warnatzsch (“Mother”) in the Chancery Court for Rutherford County (“the Trial Court”) seeking to modify the parties’ parenting plan concerning their three minor children. Mother exercised most of the parenting time under the original plan. Following a hearing, the Trial Court found that Father had proven a material change in circumstances and that the residential parenting schedule should be modified. Mother remained primary residential parent, but Father was granted equal parenting time. Mother appeals, raising various issues implicating the Trial Court’s discretion. We find no reversible error. We affirm.

Posted by: Azya Thornton on Aug 11, 2025

August 4, 2025 - August 8, 2025.

Posted by: Stacey Shrader Joslin on Aug 11, 2025

The TBA filed a petition with the Tennessee Supreme Court to amend Rule 9, section 10.1 to allow bar associations geographically located in the state to receive certain information from the Board of Professional Responsibility. The current rule limits public access to certain contact information to protect attorneys’ safety. The TBA unequivocally supports limiting public access to information to protect attorneys and retired judges from harm to their persons and property. In its petition, the TBA is asking the court to clarify that bar associations serve a different role than members of the public for purposes of sharing this information. Read the full petition and the proposed amendment.

Posted by: Azya Thornton on Aug 11, 2025

Tennessee Gov. Bill Lee announced Friday that the state will seek federal waivers to update its Supplemental Nutrition Assistance Program (SNAP) to promote healthier eating, improve health outcomes and reduce chronic conditions for low-income families. According to a press release, the proposal would allow recipients to purchase certain hot prepared foods, such as rotisserie or grilled chicken, and would exclude processed foods listing sugar or similar sweeteners as the primary ingredient and carbonated beverages where sugar or similar sweeteners are among the first two ingredients. "I’m grateful to the Trump Administration for its leadership to Make America Healthy Again, and thank our grocery retailers, convenience stores, food producers, and beverage manufacturers for working to ensure that healthier choices reach every community across our state,” Lee said.


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