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Posted by: Azya Thornton on Aug 5, 2025

NALBANDIAN, Circuit Judge. Brian Herschfus, a Michigan landlord, challenges certain housing-code inspection rules, arguing that the city of Oak Park has violated his Fourth Amendment and Equal Protection rights. The district court granted summary judgment in favor of the city on standing and merits grounds. We find that Herschfus does have standing to bring his Fourth Amendment claim, but that it doesn’t succeed on the merits. His Equal Protection claim also fails. So we affirm.

Posted by: Azya Thornton on Aug 5, 2025

NALBANDIAN, Circuit Judge. HBKY, LLC and Elk River Export, LLC, each claim thousands of acres of timber in Kentucky. They interpret a series of timber sales contracts, security agreements, and mortgages differently. Finding that HBKY had the better reading of the relevant documents, the district court granted summary judgment. We agree, and so we affirm.

Posted by: Azya Thornton on Aug 5, 2025

Question: Is a recurring part-time general sessions and juvenile court judge in a class five county allowed to accept an appointed position to serve as a juvenile magistrate in a different and distinct class one county and hold both positions simultaneously?

Opinion: Likely not. Article VI, Section 7 of the Tennessee Constitution prohibits the judge of an inferior court from holding any other office of trust or profit. And based on existing precedent, we believe a court would likely conclude that the position of juvenile magistrate constitutes an office of trust or profit within the meaning of this provision.

Posted by: Azya Thornton on Aug 5, 2025

Question: Tennessee Code Annotated § 40-11-404 mandates that the Tennessee Association of Professional Bail Agents provide all continuing education courses that are statutorily required for bail bond professionals. Does the statute create a monopoly in violation of article I, section 22 of the Tennessee Constitution?

Opinion: Likely not.

Posted by: Azya Thornton on Aug 5, 2025

The Defendant, Kyler Michael Price, was convicted by a Warren County jury of reckless endangerment with a deadly weapon, a Class E felony, and driving without a valid license, a Class C misdemeanor. He was sentenced by the trial court to concurrent terms of thirty days for the misdemeanor conviction and two years as a Range II offender for the felony conviction, with six months to serve in the county jail. The Defendant raises three issues on appeal: (1) whether the evidence was legally sufficient to sustain his reckless endangerment conviction; (2) whether the trial court erred by allowing irrelevant and prejudicial testimony by a police officer about the officer’s encounter with a different motorcyclist; and (3) whether the trial court erred by ordering confinement without correctly considering alternative sentencing. Based on our review, we affirm the judgments of the trial court.

Posted by: Stacey Shrader Joslin on Aug 5, 2025

Brick Church Middle School in Nashville has been renamed to honor the late Judge Richard H. Dinkins, a civil rights pioneer who helped reshape public education in Nashville. Dinkins played a critical role in desegregating the city’s public schools and advocated for educational equity throughout his life. The Nashville Board of Education voted unanimously in March to rename the school. Metro Nashville Public Schools held a dedication ceremony Saturday that included remarks from city leaders, a student presentation and the unveiling of displays honoring Dinkins’ life and impact. The Tennessean has photos.

Posted by: Azya Thornton on Aug 5, 2025

Petitioner, Kejuan King, appeals the post-conviction court’s denial of his petition for post- conviction relief in which he challenged his second degree murder conviction for which he received a sentence of twenty-five years’ incarceration. Petitioner asserts that trial counsel was ineffective for failing to effectively cross-examine witnesses, investigate prior altercations and present evidence thereof, and argue for proper jury instructions. After review, we remand this case to the post-conviction court for entry of a written order that sufficiently addresses all grounds presented by Petitioner and states the court’s findings of fact and conclusions of law regarding each ground as required by Tennessee Code Annotated section 40-30-111(b).

Posted by: Azya Thornton on Aug 5, 2025

The Defendant, Isaiah French, was convicted by a Shelby County jury of one count of premeditated first degree murder, two counts of attempted premeditated first degree murder resulting in serious bodily injury, two counts of employment of a firearm during a dangerous felony, and three counts of possession of a firearm by a convicted felon, and the trial court imposed an effective sentence of life in prison without parole as a repeat violent offender plus 120 years. On appeal, the Defendant argues that the evidence was insufficient to support his convictions of premeditated first degree murder and attempted first degree murder and that the trial court erred by denying his motion to bifurcate the charges of possession of a firearm by a convicted felon from the remaining counts of the indictment. Discerning no error, we affirm.

Posted by: Stacey Shrader Joslin on Aug 5, 2025

New lawyers in the class of 2024 faced a lot of competition in the job market — the class was 12% larger than its immediate predecessor — but they have fared well according to a report from the National Association for Law Placement (NALP). A year after graduation, a record 93.4% had jobs, the highest employment rate ever. In total, 20,810 graduates obtained jobs in private practice — also the largest number on record — passing the previous peak of 20,611 law firm jobs for the class of 2007. Other data also indicates that these graduates are satisfied with their work. A record low of 6.8% of those with jobs were seeking other opportunities. Looking ahead to predictions for the classes of 2025 and 2026, NALP says many firms pulled back on their 2024 and 2025 summer associate hiring, which could suggest there could be a contraction coming. The ABA Journal has more on the summer associate hiring situation.

Posted by: Stacey Shrader Joslin on Aug 5, 2025

Registration will close Friday for the Tennessee Alliance for Legal Services (TALS) Equal Justice University (EJU) conference. The annual event, co-sponsored by the TBA, is set for Aug. 27-29 at the Embassy Suites in Murfreesboro. This year’s conference will include more than 50 CLE sessions, inspiring keynote speakers. Check out the full schedule.


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