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Posted by: Stacey Shrader Joslin on May 29, 2025

Effective May 27, the Tennessee Supreme Court suspended Shelby County lawyer Archie Sanders III from the practice of law for one year, with two months to be served on active suspension and the remainder on probation subject to conditions. The court found that while handling a probate matter, Sanders unreasonably delayed filing the petition to probate, unreasonably delayed seeking partition of certain real property in the estate, failed to communicate reasonably with his clients and failed to properly conclude representation of the clients. In a separate matter involving litigation with an insurance company, the court found Sanders failed to communicate reasonably with his clients, diligently perform the necessary work and reasonably expedite the litigation. Sanders executed a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.16, 3.2 and 8.4(d). During the probation period, he must engage a practice monitor to assess his caseload, case management, timeliness of performing tasks and adequacy of communication with clients. The monitor is to provide a monthly written report to the Board of Professional Responsibility.

Posted by: Azya Thornton on May 29, 2025

Defendant, Cameron Henderson, appeals his Shelby County convictions for sexual battery and aggravated sexual battery for which he received an effective sentence of 7.2 years of confinement as an especially mitigated offender to be served at a rate of 100 percent. On appeal, Defendant contends that the trial court erred in admitting evidence of other bad acts pursuant to Tennessee Rule of Evidence 404(b), in declining to instruct the jury on child abuse and neglect as a lesser included offense of aggravated sexual battery, and in ordering him to serve 100 percent of his sentence. Because Defendant failed to file a timely motion for new trial and a timely notice of appeal, we dismiss the appeal.

Posted by: Julia Wilburn on May 29, 2025

A trial date of Jan. 20, 2026, has been set for former Chattanooga Police Chief Celeste Murphy, Chattanoogan.com reports. Murphy resigned her position in June 2024 after Tennessee Bureau of Investigation (TBI) officers began looking into issues about her residency. She is charged with 17 felony and misdemeanor charges, including one count of illegal voter registration, one count of false entries on official registration or election documents, three counts of false entries in governmental records, three counts of forgery, three counts of perjury, and six counts of official misconduct. Murphy has pleaded not guilty. Community leaders have called her indictment and arrest "petty partisan politics."

Posted by: Azya Thornton on May 29, 2025

Appellant’s Tennessee Rule of Civil Procedure 59.04 motion to alter or amend was untimely and did not toll the time limit for filing his notice of appeal. As such, Appellant’s notice of appeal is untimely, and the appeal is dismissed for lack of subject-matter jurisdiction.

Posted by: Azya Thornton on May 29, 2025

This appeal arises from an order of protection issued against the appellant/defendant, Agness McCurry, in Washington County Circuit Court case 42482. Although the defendant raises numerous issues and the record contains numerous documents that pertain to other cases filed in the general sessions and circuit court of Washington County, as well as federal court, in which defendant sued almost every judge in Washington County, this opinion is limited to Washington County Circuit Court case 42482. The defendant contends the order of protection was issued in violation of Tennessee law, constitutional due process, and judicial conduct standards. Finding no reversible error, we affirm.

Posted by: Azya Thornton on May 29, 2025

Appellants have filed three related lawsuits against appellee and other entities. Here, appellants claim a continuing nuisance stemming from the alleged discharge, onto appellants’ property, of e. coli-contaminated wastewater from a dismantled septic system, which previously serviced appellee’s property. In a previous appeal, this Court affirmed the grant of summary judgment to the appellees on appellants’ claim of trespass based on our finding of an existing easement appurtenant for the septic system. As relevant here, the trial court granted appellee’s motion for summary judgment on appellants’ claim of nuisance, and they appeal. Because appellants have failed to meet their burden of proof, at the summary judgment stage, to show that there is leaching of contaminated wastewater onto their property, they have failed to establish the existence of the nuisance averred in their complaint. Accordingly, we affirm the trial court’s grant of appellee’s motion for summary judgment.

Posted by: Jarod Word on May 29, 2025

The TBA Criminal Justice Section recently hosted a unique and successful murder mystery CLE. Led by Lincoln Memorial University Duncan School of Law (LMU Law) professors Melanie Ried and Syd Beckman, LMU Law students played characters in a 1920s themed event where participants used Tennessee’s latest criminal laws to unravel the mystery and bring the killer to justice. The winning team consisted of lawyers Jade Peters, Nicholas Poe-Jones and Tim Fowler. Keep your eyes peeled for more fun events to come from the TBA Criminal Justice Section. View photos from the event here.

Posted by: Julia Wilburn on May 29, 2025

The chair of Tennessee’s Registry of Election Finance, Tom Lawless, said Tuesday he will seek to revive a 2020 request for a criminal investigation into Cade Cothren and the Faith Family Freedom Fund PAC, citing new evidence from the recently concluded federal corruption case against Cothren and former House Speaker Glen Casada. Cothren, a former aide to Casada, and Casada were convicted this month on nearly 20 federal charges each in a kickback scheme. Lawless emphasized the urgency of reactivating the state-level investigation, which had been paused during the federal proceedings. The case involves allegations of illegal coordination with Chapel Hill Republican Rep. Todd Warner's 2020 campaign against incumbent Rep. Rick Tillis, R-Lewisburg, which Warner went on to win. Warner is not facing criminal charges. The Tennessee Lookout has the story.

Posted by: Julia Wilburn on May 29, 2025

On Wednesday, Davidson County Chancellor Patricia Moskal ordered the sealing of affidavits related to a Department of Children's Services (DCS) case that had been publicly available for years. The case stems from a petition by Memphis journalist Stacy Jacobson seeking access to documents related to the death of a 14-year-old boy. The initial documents contained redactions that the Tennessee Court of Appeals ruled were too broad. Moskal also heard arguments over new redactions in related files, during which Reporters Committee for Freedom of the Press Senior Attorney Paul McAdoo, representing Jacobson, urged the judge to make sure the redactions were limited to details truly identifying of the child. McAdoo also pointed out that certain newly made redactions were not previously made in publicly posted versions of the DCS documents. The Nashville Banner reports on the developments in its daily newsletter.

Posted by: Azya Thornton on May 29, 2025

The TBA YLD will host its second Exploration CLE at Fall Creek Falls State Park in Spencer on May 30. Attendees will earn three hours of CLE credit while enjoying the natural beauty of one of Tennessee’s state parks. The program includes a ranger-led hike and lunch, offering a unique opportunity to blend professional development with outdoor exploration. Registration begins at 9 a.m., with sessions running from 9:30 a.m. to 2 p.m. CDT For more information and to register, visit the TBA website.


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