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Posted by: Azya Thornton on Jul 16, 2025

The 2025 Elder Law Forum will be held next Friday at Belmont University College of Law’s Randall & Sadie Baskin Center in Nashville. This annual event brings together attorneys and elder care professionals from across Tennessee to explore key topics including undue influence, Medicaid/TennCare, VA benefits and ethics. Lunch and free parking is included. The forum offers a valuable opportunity for learning and networking within the elder law community. For more information and to register, visit the TBA website.

Posted by: Laura Labenberg on Jul 16, 2025

Shana Singleton, a law student at Lincoln Memorial University Duncan School of Law and a graduate of the TBA Young Lawyers Division's 2025 DLI Class, recently was recognized as a recipient of the Napier-Looby Bar Association's (NBLA) 2025 Scholarship for Public Service. NBLA is an affiliate chapter of the National Bar Association based in Nashville. Singleton is a military veteran and is interning at the Nashville District Attorney's Office this summer. See a photo from the event.

Posted by: Azya Thornton on Jul 15, 2025

Defendant, Paul Springer, was charged with two counts of forgery in an amount $60,000 or more but less than $250,000 and one count of theft in an amount $60,000 or more but less than $250,000.1 Defendant’s jury trial ended in a mistrial after Defendant “violat[ed] a court order” by referencing an alleged victim’s prior criminal record. During the trial, Defendant was twice held in contempt of court, once for arriving late to court and again for violating the court’s order. Nearly three years after judgments were entered against Defendant for two counts of direct contempt of court, Defendant filed a “Motion to Dismiss Contempt of Court,” which the trial court denied.2 Defendant appeals, arguing the evidence was insufficient to support a finding of contempt. Having reviewed the record and the briefs of the parties, we conclude that the trial court lacked jurisdiction to hear Defendant’s motion to dismiss. Therefore, we dismiss the appeal.

Posted by: Stacey Shrader Joslin on Jul 15, 2025

Davidson County lawyer Mitchell Ray Miller received a public censure from the Tennessee Supreme Court on July 14. The court found that Miller violated Rules of Professional Conduct 1.3 and 1.4 when he failed to respond to four communications from a client over the course of a month. The client had paid a fee of $2,996.50 to hire Miller to probate an estate. The client met with Miller, but Miller never filed the petition to probate the estate. The client ultimately hired new counsel. In addition to imposing the censure, the court directed Miller to make restitution to the client in the amount of $2,996.50.

Posted by: Azya Thornton on Jul 15, 2025

After the Defendant, Brandon Tylor Mulac, was arrested in Smith County with 396 grams of methamphetamine in his vehicle, law enforcement executed a search warrant on his home in DeKalb County and found another 425 grams of methamphetamine. The Defendant subsequently filed a motion to suppress the evidence from the DeKalb County search and a motion to exclude evidence from his Smith County arrest based on Rule 404(b) of the Tennessee Rules of Evidence, both of which were denied by the trial court. Following a jury trial, the Defendant was convicted of possession with intent to sell or deliver over three hundred grams of methamphetamine and received a sentence of sixty years’ imprisonment. In this appeal, the Defendant argues the trial court erred based on the following three grounds: (1) in denying his motions to suppress because the search warrant and affidavit did not establish probable cause and because the affidavit contained false information in violation of Franks v. Delaware, 438 U.S. 154 (1978); (2) in admitting evidence from the Smith County traffic stop in violation of Rule 404(b); and (3) in denying his motion for judgment of acquittal because the evidence was insufficient to support the Defendant’s conviction.1 Upon review, we affirm.

Posted by: Azya Thornton on Jul 15, 2025

The Petitioner, Robert Wayne Garner, appeals the summary dismissal of his petition for writ of habeas corpus for failure to state a cognizable claim for relief. Specifically, the Petitioner argues that he is entitled to habeas corpus relief because the trial court failed to explicitly order he serve his life sentence for felony murder in the Tennessee Department of Correction (“TDOC”) and failed to indicate the same on his felony murder judgment form. Additionally, the Petitioner alleges two procedural errors occurred in these proceedings: (1) the State was without authority to attach a proposed dismissal order to its motion to dismiss the habeas corpus petition, and (2) the habeas corpus court erred by simply signing the State’s dismissal order without providing extensive findings of fact and conclusions of law for its decision. After review, we affirm.

Posted by: Azya Thornton on Jul 15, 2025

Lamar Fletcher, Defendant, appeals the summary dismissal of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. After review, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Jul 15, 2025

After a bench trial, the Defendant, Alphonso Elexander, was convicted in the Rutherford County Circuit Court of aggravated burglary, misdemeanor vandalism, and possession of drug paraphernalia and received an effective six-year sentence to be served in confinement. On appeal, he claims that the evidence is insufficient to support his aggravated burglary conviction. Based upon our review, we affirm the judgments of the trial court.

Posted by: Azya Thornton on Jul 15, 2025

The trial court dismissed Appellant’s complaint with prejudice, and he appeals. Due to the deficiencies in Appellant’s brief, we do not reach the substantive issues. Appeal dismissed.

Posted by: Azya Thornton on Jul 15, 2025

This is a conservatorship action. Appellants are attorneys who prepared estate planning documents for Susan Davis Malone in 2014 and 2018. Ms. Malone’s 2018 documents included a durable power of attorney and power of attorney for healthcare (“DPOAs”) in favor of Appellants. In that 2018 healthcare DPOA, Ms. Malone appointed Appellants to serve as her conservator should the need arise. In 2021, Ms. Malone suffered a disabling healthcare event, and Appellants provided for her care pursuant to the 2018 documents. In 2022, Ms. Malone purportedly revoked the 2018 DPOAs and executed DPOAs in favor of her daughter, Appellee Lisa Malone Jackson. Appellants filed a petition to be appointed conservator; Ms. Jackson filed a counter-petition. The proceedings in the trial court initially focused on whether Ms. Malone had the capacity to revoke the 2018 DPOAs and to execute the 2022 DPOAs. During the proceedings, Appellants filed two motions to recuse the trial judge. The trial court denied both motions. On appeal, this Court affirmed. While Appellants’ second motion to recuse was pending, the trial court found good cause to hold an evidentiary hearing on the merits of the competing conservatorship petitions. Attorneys did not participate in the hearing, and the trial court appointed a neutral interim conservator. Shortly after it denied Appellants’ second motion to recuse, the trial court determined that an additional hearing was not necessary. The trial court found that the 2022 documents were valid and concluded without an evidentiary hearing that it was in Ms. Malone’s best interest to appoint Appellees to serve as co- conservators. Upon review of the record, we determine that the evidence is insufficient to support the trial court’s judgment. We vacate the judgment and remand the case for further proceedings. Additionally, we reverse the trial court’s dismissal of the guardian ad litem.


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