The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision. Judge Griffin would grant the petition for the reasons stated in his dissent to the court’s opinion of March 18, 2025. The petition was then circulated to the full court. Less than a majority of the judges voted in favor of rehearing en banc. Therefore, the petition is denied.

PER CURIAM. Gerald Novak and Adam Wenzel claim they own fourteen firearms seized in a criminal investigation that ended years ago. Sheriff William Federspiel refused to turn the firearms over to Novak and Wenzel because he contends they have not proven that they own them. So they sued Federspiel under 42 U.S.C. § 1983 and under Michigan law, asserting various federal constitutional claims and state constitutional and statutory claims. The district court granted summary judgment to Federspiel on all claims and denied Novak and Wenzel’s motion for partial summary judgment. The district court should have allowed Novak and Wenzel to proceed with their: (1) federal takings claims against Federspiel in his official capacity, (2) Second Amendment claims against Federspiel in his official capacity, and (3) state- law claim-and-delivery action. We thus affirm in part and vacate in part.

MATHIS, Circuit Judge. Robert Carbone, who lives in Connecticut, sued two Swiss organizations and several individuals who live in California, Illinois, and Switzerland for defamation and other tortious conduct. Carbone was a member of the two Swiss organizations. He claims that the defendants used websites to publish defamatory statements about him and to facilitate his removal from the organizations. He decided to file suit in Ohio. Why Ohio? Because the Swiss organizations maintained servers in Ohio that hosted the organizations’ websites. So Carbone’s theory is that the allegedly improper statements about him would have passed through the servers in Ohio on the way to their destination. Nothing else connected any of the parties to Ohio. The district court dismissed Carbone’s complaint for lack of personal jurisdiction. We affirm.

Jonathan Duncan, Defendant, was indicted for first degree murder, felony murder, and aggravated robbery by the Wilson County Grand Jury for his involvement in the death of Ellis Sanders, the victim. After a jury trial, he was found guilty on all counts and sentenced to an effective sentence of life imprisonment. After the denial of a motion for new trial, Defendant appeals, arguing: 1) the evidence was insufficient to support the convictions; 2) Defendant’s right to a fair and impartial jury was violated because jurors slept during trial, the trial court required the jury to work “extensive and unreasonable hours,” and the trial court interfered with the jury by holding ex parte meetings; and 3) the trial court erred in allowing the State to present evidence of uncharged bad acts in violation of Tennessee Rule of Evidence 404(b). After a thorough review, we affirm the judgments of the trial court but remand the matter to the trial court for entry of corrected judgment forms to reflect merger of the first degree murder and felony murder convictions.

A Shelby County jury convicted the Petitioner, Harry Raymond Coleman, Jr., of second degree murder, among other offenses. The trial court sentenced him to an effective eighteen-year sentence in the Tennessee Department of Correction. Thereafter, the Petitioner filed a post-conviction petition asserting that he was denied the effective assistance of counsel at his trial. More specifically, the Petitioner argued that his trial counsel failed to adequately investigate and present a mental health defense centered around his post-trial diagnosis of Bipolar I disorder. He also claimed that trial counsel failed to call witnesses who would have supported his claim of self-defense. After a hearing, the post-conviction court denied relief, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court.

The notice of appeal in this case was not timely filed. Therefore, this Court lacks jurisdiction to consider this appeal.

Former state Sen. Frank Niceley died Thursday at the age of 78. Niceley, a Republican, served in the Tennessee General Assembly for decades, holding seats in both the House and Senate between 1988 and 2025. He represented the 8th District, which includes Claiborne, Grainger, Hancock, Hawkins, Jefferson and Union counties. Visitation will take place from 2 to 5 p.m. EDT on June 28 at Bridges Funeral Home in Knoxville followed by a memorial service at 5 p.m. In a statement to 10News, Lt. Gov. Randy McNally remembered Niceley’s wit, saying, “He had a great sense of humor. He served in both the Senate and the House. He said serving in the House was like being in junior high school and serving in the Senate was like being in a nursing home.”

On June 16, Investigative Services Detectives responded to the Hamilton County Courthouse for a report of harassing phone calls. Detectives were provided numerous voicemails that were threatening in nature from an individual identified as Darrell Brackett. The threats were made against multiple judges. Through the course of the investigation, detectives developed probable cause and applied for warrants to arrest Brackett, charging him with four counts each of harassment, aggravated stalking and terrorism, as well as one count of retaliation for past actions against a judge, according to the Hamilton County Sheriff's Office (HCSO). Brackett was arrested without incident the next day at his Cleveland residence during a joint operation involving HCSO detectives, SWAT personnel and the Bradley County Sheriff’s Office. Brackett was transported to the Hamilton County Jail and Detention Center. No further details were released.

The Tennessee Department of Revenue will host a free webinar on June 24 to discuss how to properly close a registered business. Failure to properly close a business with the department could result in an assessment for delinquent taxes, penalties and interest after the business has ceased operations. The session will discuss requirements and best practices regarding business ownership changes and closure. Register for the webinar or see all upcoming educational events from the department.