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Posted by: Azya Thornton on Apr 4, 2025

CLAY, Circuit Judge. Appalachian Voices and Sierra Club (collectively “Petitioners”) petition for review of Respondent United States Army Corps of Engineers’ (the “Corps”) decision to issue a permit to Intervenor-Respondent Tennessee Gas Pipeline Company, L.L.C. (“TGP”) pursuant to § 404 of the Clean Water Act (“CWA”), 33 U.S.C. § 1344, for TGP’s proposed Cumberland Pipeline (the “Pipeline”). Petitioners, environmental groups with members who live nearby or utilize areas within the Pipeline’s proposed path, seek to vacate the § 404 permit, arguing that the Corps violated the Administrative Procedure Act (“APA”), 5 U.S.C. § 551 et seq., in approving TGP’s permit application. For the reasons set forth below, we DENY the petition for review.

Posted by: Azya Thornton on Apr 4, 2025

The Defendant, Robert Oliver, was convicted by a Washington County jury of aggravated rape and aggravated assault, for which he received an effective sentence of twenty-eight years' incarceration. On appeal, the Defendant argues that (1) the evidence adduced at trial was insufficient ot support his conviction of aggravated rape, (2) the State commited prosecutorial misconduct during closing arguments, and (3) the trial court erred by ordering the Defendant ot pay $60,000 ni fines. Following our review, we conclude that the trial court failed to make appropriate findings regarding its imposition of fines. Therefore, we reverse the trial court's sentencing determination regarding the fines and remand this case for further proceedings consistent with this opinion. We otherwise affirm the judgments of the trial court.

Posted by: Azya Thornton on Apr 4, 2025

The Johnson County Grand Jury charged the Defendant, Leigh Katherine Littleton, and two codefendants by presentment with first degree felony murder, especially aggravated kidnapping, conspiracy to commit especially aggravated kidnapping, extortion, conspiracy to commit extortion, and aggravated assault. Following trial, a jury convicted the Defendant of first degree felony murder, especially aggravated kidnapping, conspiracy to commit especially aggravated kidnapping, extortion, and conspiracy to commit extortion, and the trial court imposed an effective life sentence. On appeal, the Defendant argues (1) the evidence is insufficient to sustain her convictions; (2) the trial court erred in denying the motion to suppress her first statement; (3) the trial court erred in allowing her character to be defamed; (4) the trial court improperly excluded a pre-trial plea offer; and (5) the trial court imposed an unconstitutional condition on her right to present a defense by not allowing her to present proof of her codefendants’ criminal histories. After review, we affirm the trial court’s judgments.

Posted by: Azya Thornton on Apr 4, 2025

The Petitioner, Glenn Larry Brown, Jr., appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his convictions for possession with the intent to sell or deliver .5 gram or more of cocaine within 1,000 feet of a school, possession with the intent to sell or deliver a controlled substance analogue, possession of marijuana, unlawful possession of a firearm having been convicted of a felony, and two counts of unlawful employment of a firearm. The Petitioner alleges that the trial court erred by depriving him of his right to testify at the trial and that the post-conviction court erred by denying relief on his ineffective assistance of counsel claim. We affirm the judgment of the post-conviction court.

Posted by: Azya Thornton on Apr 4, 2025

The Franklin office building that once housed IRS employees is now listed for sale, with an undisclosed asking price. The Department of Government Efficiency (DOGE) terminated the IRS lease for the building at the start of March, Williamson Scene reports. A CoStar listing appeared on March 12, and a sign outside the building indicates it is available for sale or lease. According to the DOGE website, the lease termination resulted in a savings of $31.95 million, with the annual lease cost being $4.6 million. A dozen federal offices in Tennessee, including the Social Security Administration office in Nashville, are scheduled for lease termination.

Posted by: Azya Thornton on Apr 4, 2025

Attorneys are needed to assist with a Free Legal Advice Clinic from 9-11 a.m. EDT on April 5 at Good Samaritan Ministries, 100 N. Roan St., Johnson City 37601. Volunteers will help answer legal questions for individuals in need. Attorneys interested in volunteering should email Thomas Smith at tsmith@garzalaw.com.

Posted by: Azya Thornton on Apr 4, 2025

The Memphis Police Department has withdrawn its accreditation from the Commission on Accreditation for Law Enforcement Agencies (CALEA), a credentialing organization that ensures law enforcement agencies meet professional standards, The Daily Memphian reports. CALEA accredits 7% to 8% of U.S. law enforcement agencies, with standards covering topics such as hiring practices and patrol strategies. A regional program manager for CALEA’s Southeast region said it is common for agencies to voluntarily withdraw, with reasons ranging from budgetary issues to staffing shortages or the need to revise policies after significant events. Other local and state departments, including the Shelby County Sheriff’s Office, the Metropolitan Nashville Police Department and the Knoxville Police Department, remain accredited by CALEA.

Posted by: Azya Thornton on Apr 4, 2025

More Tennesseans were employed in February than the previous month, with 88 of 95 counties reporting a decline in unemployment rates, the Tennessee Department of Labor and Workforce Development announced Thursday. In two counties, unemployment rates remained the same as in January, while five counties saw an increase. Eighty-four counties recorded unemployment rates of less than 5% and the remaining 11 had rates between 5% and 10%. Tennessee’s seasonally adjusted unemployment rate has held steady at 3.7% for six consecutive months. The national rate in February was 4.1%.

Posted by: Azya Thornton on Apr 4, 2025

An investigation by the Tennessee Occupational Safety and Health Administration (TOSHA), released Wednesday, found that workers at an East Tennessee plastics company who died in flooding from last year’s Hurricane Helene had time to evacuate, though by “makeshift routes,” the Associated Press reports. The report concluded that Impact Plastics Inc. “exercised reasonable diligence to dismiss employees and direct them to leave the site in this emergency situation.” An attorney representing one of the families of a worker who died alleges that TOSHA’s report overlooks witness testimony, critical text messages, emergency alert logs and photographic evidence. The report relies on the fact that some Impact Plastics employees did escape the flood and notes that the investigation was hindered by “phone service disruptions, language barriers and other challenges,” and that the flooding destroyed the company’s workplace safety records. In addition to TOSHA, the Tennessee Bureau of Investigation is probing the six deaths, with that investigation still ongoing.

Posted by: Azya Thornton on Apr 4, 2025

TBA lobbyists Berkley Schwarz of Pier Strategies LLC and Brad Lampley and Ashley Harbin of Adams and Reese discuss Gov. Bill Lee’s budget amendment in the latest episode of the TBA Legislative Updates podcast. They highlight funding for the proposed indigent representation plan from the Administrative Office of the Courts on behalf of the Tennessee Supreme Court, key TBA bills moving through the legislature, including an amendment to SB1331/HB1331 related to child custody and the upcoming vote on the state budget. Listeners can support the TBA's lobbying efforts by contributing to LAWPAC. Those with legal questions related to weather issues can contact the helpline at 844-HELP4TN (844-435-7486). Tune in to the podcast on the TBA website or through this link.


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