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Posted by: Azya Thornton on Jan 3, 2025

The Tennessee Supreme Court has amended Rule 17 of its rules to update the uniform judgment document that must be used in all cases falling within the Tennessee Criminal Sentencing Reform Act of 1989. Rule 17 provides for a uniform judgment document to be used in all trial courts of record in all cases brought under the act. The new form must be used beginning Jan. 15. It can be accessed in today's order.

Posted by: Azya Thornton on Jan 3, 2025

JULIA SMITH GIBBONS, Circuit Judge. Defendant Shefiu A. Hanson, who is currently serving a 46-month sentence for wire fraud, appeals the district court’s denial of his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2). Hanson moved under the newly created U.S.S.G. § 4C1.1 of the United States Sentencing Guidelines, which retroactively applies to defendants sentenced before the Amendment went into effect on November 1, 2023. U.S.S.G § 1B1.10(d). On appeal, Hanson argues that the district court erred in concluding that Hanson had caused his victims substantial financial hardship and, therefore, was ineligible for a sentence reduction. We affirm the district court’s order.

Posted by: Azya Thornton on Jan 3, 2025

SUTTON, Chief Judge. A jury convicted Clarence Fry of the aggravated felony murder of his girlfriend, Tamela Hardison. Consistent with the jury’s recommendation, an Ohio trial court sentenced him to death. The Ohio courts affirmed his conviction and sentence on direct appeal and denied his request for collateral relief. Fry petitioned for a writ of federal habeas corpus, which the district court denied. We affirm.

Posted by: Azya Thornton on Jan 3, 2025

A Davidson County jury found the Defendant, Keiresha Majors, guilty of one count of second degree murder, for which she was sentenced to twenty-five years’ incarceration. On appeal, the Defendant challenges the sufficiency of the convicting evidence, the admission of recordings of a Facebook Live broadcast she recorded shortly after the victim’s murder, the restriction of cross-examination of a witness, and the length of her sentence. After review, we affirm the trial court’s judgment.

Posted by: Azya Thornton on Jan 3, 2025

Petitioner, Jason Collins, was convicted of one count of possession of .5 grams or more of methamphetamine with the intent to sell, one count of possession of .5 grams or more of methamphetamine with the intent to deliver, and one count of possession of drug paraphernalia. The trial court merged the two methamphetamine convictions and sentenced Petitioner to serve a total effective sentence of twenty years, eleven months, and twenty-nine days in confinement. This court affirmed Petitioner’s convictions and sentences on direct appeal. Petitioner then filed a petition for post-conviction relief in which he claimed ineffective assistance of counsel, and the post-conviction court denied the petition after a hearing. On appeal, Petitioner asserts that trial counsel was ineffective in failing to file a motion for new trial, in failing to seek suppression of drugs and other evidence seized from his home, and in failing to conduct a “complete and accurate” investigation of a defense witness. After review, we affirm the judgment of the post- conviction court.

Posted by: Azya Thornton on Jan 3, 2025

The plaintiff took his car to a body shop for repair. The owner of the body shop, who had obtained title of the vehicle through an unknown means, sold the car to the defendant, CarMax. The plaintiff brought suit against the owner of the body shop and CarMax, seeking the return of his car. The trial court granted summary judgment to CarMax, finding it held valid title as a good faith purchaser for value. Because we find that the undisputed facts do not support a conclusion that CarMax is entitled to judgment as a matter of law, we reverse the judgment of the trial court.

Posted by: Stacey Shrader Joslin on Jan 3, 2025

Belmont College of Law is looking for volunteers to help with a power of attorney (POA) clinic at Casa Azafran on Jan. 11 from 10 a.m. to 3 p.m. CST. Morning and afternoon shifts are available, and lunch will be provided. Lawyers who volunteer will be helping clients fill out POAs for care of a minor child alongside two Belmont law students. Translators will be provided. To sign up to help, please email Ginny.Blake@belmont.edu.

Posted by: Azya Thornton on Jan 3, 2025

A Davidson County jury convicted the Defendant, Zyqiius Quade’ Barnes, of one count of second degree murder and one count of reckless aggravated assault. The trial court sentenced the Defendant to an effective sentence of seventeen years of incarceration. On appeal, the Defendant argues that the trial court erred when it included a “defense of a third person” instruction in its jury charge and when it enhanced his sentence. After review, we affirm the trial court’s judgments.

Posted by: Azya Thornton on Jan 3, 2025

Apple has agreed to pay $95 million in cash to settle a proposed class-action lawsuit claiming its voice-activated Siri assistant violated users' privacy, Reuters reports. A preliminary settlement was filed Tuesday in a California federal court and requires approval from U.S. District Judge Jeffrey White. Mobile device owners alleged that Apple routinely recorded their private conversations after unintentionally activating Siri, and then disclosed the conversations to third parties, including advertisers. The class period runs from 2014 to 2024, starting when Siri incorporated the "Hey, Siri" feature, which allegedly led to the unauthorized recordings. Class members, estimated to number in the tens of millions, may receive up to $20 per Siri-enabled device, such as iPhones and Apple Watches. Apple denied wrongdoing in agreeing to settle.

Posted by: Azya Thornton on Jan 3, 2025

The TBA will host "The Bill Show" webcast on Feb. 4 from noon to 1 p.m. CST. Join Nashville lawyer Bill Ramsey for this always-popular session that will showcase the latest gadgets and technology for both lawyers and non-lawyers. This year, Ramsey will focus on the fun, inane and interesting innovations he discovered at CES 2025, the Consumer Technology Association's annual tech showcase. While artificial intelligence-based tech will be featured, the webcast also will highlight a range of tech trends beyond AI. For more information and to register, visit TBA’s website.


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