Defendant, Lorenzo Romell Brown, was convicted by a Warren County jury of attempted voluntary manslaughter, two counts of aggravated assault, and possession of a firearm by a convicted felon. The trial court imposed an effective twenty-year sentence. Defendant appeals, arguing that the State failed to prove that venue was proper in Warren County, his convictions for aggravated assault must be merged, and the trial court erred in imposing partial consecutive sentences. Following our review of the entire record, briefs and oral arguments of the parties, and the applicable law, we affirm the trial court’s judgments of conviction but remand for a new sentencing hearing and for merger of Defendant’s aggravated assault convictions.

To facilitate the sale of two closely held companies, an employee signed a restrictive covenant agreement containing a release provision. After the sale, the employee filed suit against the buyer, the seller, and others involved in the sale, alleging that he had been defrauded out of his ownership interest in the companies. Later, the employee dismissed the corporate defendants and filed an amended complaint reasserting claims against his alleged former co-owners for intentional misrepresentation, fraudulent concealment, and breach of fiduciary duty in connection with the sale. The defendants moved to dismiss the complaint based on the release provision. Concluding that the language of the release was broad enough to encompass the claims in the amended complaint, the court granted the motion to dismiss. We affirm.

On June 26, the Tennessee Supreme Court suspended Samuel Ervin White from the practice of law for five years, with two years to be served on active suspension and the remainder on probation. The court also ordered White to pay restitution to clients and engage a practice monitor. Complaints against White alleged that he failed to reasonably communicate with his clients, act in a diligent manner, expedite client litigation, timely respond to discovery requests and withdraw from representation following suspension. He also was accused of charging non-refundable fees, comingling client assets and misappropriating client funds. He agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.16, 3.2, 3.4(c), 4.1 and 8.4(a)(d).

Several new state laws will take effect on July 1 that cover public safety, youth protections, health care, consumer rights and transportation, with several designed to address evolving concerns around substance abuse, road safety and emerging technologies. House Bill 995 expands Tennessee’s good Samaritan Law to offer legal immunity from certain alcohol-related misdemeanors — including underage drinking and public intoxication — for those who call 911 or assist someone in need. House Bill 72 imposes mandatory jail time and fines on anyone convicted of selling hemp-derived cannabinoid products — like THC gummies — to individuals under 21. Similarly, House Bill 751 increases penalties for exposing children to fentanyl, creating a felony offense for endangering a child in such a way. If the child is younger than 8 years old, the offense is upgraded to a Class B felony. The Tennessee Ledger looks at all the upcoming changes.

The U.S. Senate parliamentarian has rejected several provisions in the tax and spending package recently passed by the U.S. House of Representatives, finding that the language violates the Byrd Rule, which prohibits non-budgetary provisions in reconciliation bills. Among the provisions flagged was one some believe could weaken the power of U.S. judges to enforce contempt when the government defies court orders. Other provisions targeted include language giving states authority to conduct border security and immigration enforcement and barring noncitizens or permanent residents from receiving federal nutrition benefits. Republican leadership may choose to strip these or others from the bill. If left in, any senator may object to their inclusion on the Senate floor. Overcoming such a challenge would take a three-fifths vote of the body, or 60 votes. By contrast, the parliamentarian ruled that a provision prohibiting states from regulating artificial intelligence (AI) did pass muster. Sen. Marsha Blackburn, Tennessee’s senior senator, has been working to remove that language from the bill, The Tennessee Journal reports. Learn more about all elements of the parliamentarian’s ruling from The Hill and about the Byrd Rule from the Center on Budget and Policy Priorities.

The Fourth Annual John Lewis Way March will be held July 19 beginning at 8 a.m. CDT at the corner of John Lewis Way and Jefferson Street in Nashville and end with a performance outside the National Museum of African American Music on Broadway. Evening activities will include a reception at 5 p.m., followed by a panel discussion. Visit the event website for more information.

Tennessee’s Flex Loan law, passed in 2014, has allowed high-interest lenders to trap borrowers in cycles of debt through repeated reborrowing, despite earlier state laws banning such practices for payday loans, a new report concludes. In a joint reporting project between Tennessee Lookout and ProPublica, borrowers described being encouraged through frequent emails and mailers to borrow back almost all of their loan payments, leading to ballooning debts and eventual lawsuits, even after paying far more than they initially borrowed. Critics argue the Flex Loan law’s structure enables predatory lending with interest rates effectively reaching over 279% while avoiding federal oversight. The reporting also found that despite complaints, regulatory responses have been minimal and lenders have continued aggressive collection tactics.

The U.S. Justice Department (DOJ) has announced it will try Kilmar Abrego Garcia on federal human smuggling charges in Tennessee before pursuing deportation to a third country, not his native El Salvador, according to the Associated Press. Abrego Garcia's attorneys, concerned he could be swiftly deported before trial, have asked U.S. District Judge Paula Xinis in Maryland to intervene and have him transferred there while awaiting court proceedings. Abrego Garcia — who has lived in Maryland for more than a decade, was deported to El Salvador in March and brought back to the states in June — has denied gang ties and pleaded not guilty to charges stemming from a 2022 traffic stop in Tennessee. Nashville-based U.S. Magistrate Judge Barbara Holmes has ruled for his conditional release pending trial, but yesterday delayed release due to concerns that Immigration and Customs Enforcement (ICE) would deport him before trial.

California legal scholar Eugene Volokh has filed a lawsuit in federal court challenging Tennessee’s law that limits public records access to state residents. After being denied court records by the Williamson County Archives due to his California residency, Volokh argues the restriction violates his rights under the First Amendment and the Privileges and Immunities Clause. His suit contends that court records are essential for his academic research and that denying access based on residency is an unjust barrier. Although the U.S. Supreme Court upheld a similar Virginia law, Volokh asserts his case is different because it involves constitutional, not merely statutory, rights. The Nashville Banner has the story.

The next free advice clinic for Black-owned small businesses and nonprofits is set for July 17 in Nashville.  The clinic, sponsored by the Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. Prospective clients should register by July 14. Attorneys should email vlpa@abcnashville.org to volunteer.