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Posted by: Azya Thornton on Feb 21, 2025

The petitioner, Joe G. Manley, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Posted by: Azya Thornton on Feb 21, 2025

This appeal arises from a legal malpractice action filed by Terry J. Lee (“Plaintiff”) on July 11, 2024, against several attorneys who represented him at various times and in different aspects of his defense of a multi-count indictment and the appeal of his 2020 conviction on all counts, including kidnapping. Plaintiff asserted a cause of action for legal malpractice against the defendants, claiming that they “failed to investigate plaintiff’s [criminal] case to know that the court [Williamson County Criminal Court] did not have territorial jurisdiction to prosecute him on the kidnapping charge.” Plaintiff was convicted in 2020 and the Court of Criminal Appeals affirmed his conviction on all grounds effective January 26, 2023, when mandate issued. See State v. Lee, No. M2021-01084-CCA-R3-CD, 2022 WL 16843485 (Tenn. Crim. App. Nov. 10, 2022). After noting that the statute of limitations for legal malpractice claims, codified in Tennessee Code Annotated § 28-3- 104(c)(1), requires that the action be filed “within one (1) year after the cause of action accrued,” and that the claims accrued more than one year prior to the commencement of this action, the trial court dismissed the complaint as time barred. Plaintiff contends that this was error. Finding no error, we affirm.

Posted by: Azya Thornton on Feb 21, 2025

Appellant, as personal guarantor for a third party, signed a credit agreement with appellee. After obtaining a default judgment against the third party in a separate lawsuit, appellee filed suit in the general sessions court to collect the judgment from appellant as the third party’s guarantor. Appellee obtained a default judgment against appellant, and appellant appealed to the circuit court. Appellant did not respond to appellee’s request for admissions. Appellee moved for summary judgment, arguing that appellant’s failure to respond to the request for admissions deemed them admitted and the admissions provided the basis for the undisputed material facts in support of the motion. Appellant failed to respond to the motion for summary judgment, and the trial court granted it. Appellant appeals. Discerning no error, we affirm the trial court’s grant of summary judgment, and award appellee damages for frivolous appeal, including appellate attorney’s fees.

Posted by: Azya Thornton on Feb 21, 2025

This is a healthcare liability/wrongful death case. Appellees, healthcare providers, alleged that appellant abused the discovery process in failing to make her expert available for deposition within the time set by the trial court’s scheduling order. Appellant moved for amendment of the scheduling order and for continuance of the trial date. The trial court denied appellant’s motions and granted appellees’ motion to exclude appellant’s expert. The exclusion of appellant’s expert resulted in the trial court granting appellees’ motion for summary judgment, thus dismissing appellant’s lawsuit. Under the circumstances, the trial court’s exclusion of appellant’s expert (and the resulting dismissal of her lawsuit) was too harsh a punishment. Vacated and remanded.

Posted by: Azya Thornton on Feb 21, 2025

In this custody case, the trial court adopted a parenting plan that ordered equal parenting time. The father appeals, seeking a reversal of the award of equal parenting time, an increase in the mother’s monthly income for child support purposes, payment of one-half the childcare costs, custody on alternating July the fourth holidays, and attorney’s fees. We affirm the trial court’s decision.

Posted by: Azya Thornton on Feb 21, 2025

TBA’s new Legislative Updates podcast features TBA attorneys and lobbyists Berkley Schwarz of Pier Strategies LLC and Brad Lampley of Adams and Reese. This week, they discuss SB541 and HB906 (claims of creditors filed against an estate), SB540 and HB492 (custody determinations related to failure to pay child support) and the plan for indigent representation by the Tennessee Administrative Office of the Courts on behalf of the Tennessee Supreme Court. Listeners can tune in on the TBA website or directly through this link.

Posted by: Azya Thornton on Feb 21, 2025

The TBA’s 20th Annual Bankruptcy Law Forum will take place May 16-18 in Chattanooga, offering bankruptcy practitioners a weekend retreat featuring 10 hours of CLE credit, including three hours of ethics. The event begins on Friday with sessions covering mortgage developments in bankruptcy, a case law update and a “View from the Bench” discussion. Saturday’s programming includes small group discussions led by prominent bankruptcy judges, focusing on consumer and commercial bankruptcy issues. The forum concludes Sunday with a three-hour session on ethical considerations in bankruptcy practice. Attendees will also have opportunities to network and explore Chattanooga’s scenic downtown and surrounding mountains. For more information and to register, visit TBA’s website.

Posted by: Azya Thornton on Feb 21, 2025

The West Tennessee Legal Services (WTLS) Legal Clinic will host an event on March 1 offering free assistance with drafting wills, powers of attorney and advanced directives. Volunteer attorneys will be available from 10 a.m. to 1 p.m. CST at the Memphis Medical Society, located at 1067 Cresthaven Rd. Memphis 38119. Attorneys and law student volunteers are asked to arrive by 9:30 a.m. for preparation. The clinic aims to provide valuable legal support to those in need of these essential documents. For more information, visit the WTLS website.

Posted by: Azya Thornton on Feb 21, 2025

The Shelby County District Attorney's Office secured three convictions in the first few weeks of 2025. One man was convicted of aggravated assault stemming from a domestic violence incident; one of second degree murder and being a felon in possession of a handgun; and a third man was found guilty of two counts of rape of a child, two counts of aggravated sexual battery and one count of sexual battery by an authority figure. Additionally, six officers from three law enforcement agencies were indicted on charges of excessive force and misconduct related to the arrest of a man believed to have killed his ex-girlfriend last October. The officers face various charges, including assault and tampering with evidence. All six officers turned themselves in to the Dyer County Jail and were released on $25,000 bond. These developments come amid ongoing attention to the prosecution of Ezekiel Kelly, who is charged in connection with a 2022 shooting spree and is representing himself in court. The Commercial Appeal has the story.

Posted by: Azya Thornton on Feb 21, 2025

Former state Sen. Brian Kelsey’s latest attempt to avoid prison has been denied. U.S. District Judge Waverly D. Crenshaw Jr. rejected Kelsey’s emergency motion for release, stating that “he has not shown any exceptional circumstances for his release deserving of special treatment in the interests of justice,” the Daily Memphian reports. A letter from the U.S. Marshals Service states that Kelsey must report to the FCI Ashland Satellite Camp in Kentucky by Monday to begin his 21-month sentence. His latest attempt to remain free was based on claims of ineffective legal counsel and alleged government misconduct. Last month, the U.S. Supreme Court declined to review his conviction and sentencing for campaign fraud.


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