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Posted by: Azya Thornton on Dec 19, 2024

The pro se Defendant, Nancy Abbie Tallent, was convicted by an Anderson County Circuit Court jury of third offense driving under the influence (DUI) of an intoxicant and third offense DUI per se. See T.C.A. § 55-10-401. The trial court merged the convictions and sentenced the Defendant to eleven months and twenty-nine days in confinement, with seventy-five percent service. On appeal, the Defendant contends that (1) the trial court judge did not have authority to preside over her case; (2) no probable cause existed for her arrest; (3) the State violated her right to a speedy trial; (4) she was denied due process in numerous ways; (5) the State failed to meet its burden of proof; (6) the jury verdict was not supported by the evidence; and (7) the trial court failed to act as a thirteenth juror. We affirm the judgments of the trial court.

Posted by: Azya Thornton on Dec 19, 2024

After a hearing before the Metropolitan Historic Zoning Commission, the appellant homeowner was ordered to remove a covered porch addition that was constructed without a preservation permit, as the Commission determined that the addition did not comply with the applicable design guidelines. The homeowner filed a petition for writ of certiorari, and the chancery court held a de novo hearing on the matter. After the evidentiary hearing, the chancery court likewise determined that the unpermitted covered porch did not meet the applicable design guidelines, and the court ordered its removal. The homeowner appeals, arguing that her due process rights were violated due to untimely notice of the hearing before the Commission and that the chancery court erred in finding that her covered porch was not in compliance with the guidelines. We affirm.

Posted by: Azya Thornton on Dec 19, 2024

This case arises from a car wreck. Following the accident, the at-fault driver was issued several citations for various violations of the City of Memphis traffic laws. The trial court denied Appellant’s motion for summary judgment, finding that Appellee’s lawsuit was not time barred. In so ruling, the trial court held that the citations given to the at-fault driver were criminal in nature and, thus, triggered the filing extension contemplated in Tennessee Code Annotated section 28-3-104(a)(2)(A). We granted this interlocutory appeal under Tennessee Rule of Appellate Procedure 10. Because the citations in this case were civil in nature, we conclude that the two-year statute of limitations is not applicable, and Appellee’s lawsuit is time-barred. We reverse the trial court’s order and remand for entry of an order granting Appellant’s motion for summary judgment.

Posted by: Azya Thornton on Dec 19, 2024

This is an appeal from a trial court’s decision to grant class action certification. Discerning no abuse of discretion in the trial court’s decision to certify the class at issue, we affirm.

Posted by: Stacey Shrader Joslin on Dec 19, 2024

The Nashville Bar Association (NBA) recently held its annual meeting where new leaders were elected and a number of lawyers were honored with awards. Joseph Hubbard, a shareholder with Polsinelli, was named 2025 president of the association. Other officers named include First Vice President Marie Scott, Second Vice President Christen Blackburn, President-Elect Sherie Edwards, First Vice President-Elect Ben Raybin, 2nd Vice President-Elect Judge Ana Escobar, Secretary Deadrick Thaxton and Treasurer Jae Lim. The John C. Tune Public Service Award was presented to Donald Capparella with Dodson Parker Behm & Capparella. DarKenya Waller and Eric Osborne won the Nashville Bar Journal (NBJ) Best Article of the Year Award. The NBJ Contributor of the Year Award went to Victoria Gentry. Josh Burgener was presented with the CLE Excellence Award. President’s Awards also were presented to six. Read more about the event in a release and see photos here.

Posted by: Azya Thornton on Dec 19, 2024

This appeal concerns the change of custody and the relocation of a parent, as well as an evidentiary issue concerning the denial of the admission of certain psychiatric records. Because the mother failed to provide an offer of proof in connection with the juvenile court’s ruling concerning the inadmissibility of the psychiatric records, we conclude that this evidentiary issue was not properly preserved for appellate review. Regarding the remaining issues, the juvenile court determined that a material change in circumstances had occurred and modified the parenting plan by designating the father as the primary residential parent and providing the father with the majority of the parenting time. Because we conclude that the juvenile court did not abuse its discretion in modifying the parenting plan, we affirm the juvenile court’s modification. Furthermore, as discussed herein, we affirm the juvenile court’s decision permitting the father to relocate.

Posted by: Liz Slagle Todaro on Dec 19, 2024

The TBA's continuing efforts to provide education and resources related to representation for indigent individuals includes our Indigent Representation Primer series, which shares background and updates about indigent representation in Tennessee, and shares information and innovations from across the country. A recent item in TBA's Indigent Representation Primer may be helpful in better understanding both how Tennessee's system works, as well as models from other jurisdictions. Each model has strengths and weaknesses; some jurisdictions, including Tennessee, combine elements of multiple systems to better provide quality representation, balanced with flexibility and cost. Tennessee's system would be considered a hybrid, with two primary components: public defender offices in each judicial district and the indigent representation program administered by the Administrative Office of the Courts (AOC). The types of cases covered include dependency and neglect and termination of parental rights cases (representation for parents and children), as well as criminal defendants in jeopardy of incarceration. Providing representation to indigent individuals, in both criminal and civil cases, is a significant issue for the legal community, with impacts that go far beyond the individual cases and counsel appointed to the matters. Read more about these differing structures and see other past primer posts here. Read the next primer update in Friday's issue of TBA Today.

Posted by: Stacey Shrader Joslin on Dec 19, 2024

Community members gathered at the National Civil Rights Museum yesterday to discuss the results of a 17-month federal investigation into the Memphis Police Department, the Daily Memphian reports. Earlier this month, the Department of Justice released a report finding that that the Memphis Police Department and the city engage in a pattern or practice of conduct that violates the U.S. Constitution and federal law. Now community members want to see more officer accountability for policy violations, ability to give input on police policies and for officers to show citizens more empathy and respect. One attendee also spoke out against the city’s decision not to enter into a consent decree with the department. The city has said it wants to do in-depth review of the findings before making a decision about such an agreement.

Posted by: Stacey Shrader Joslin on Dec 19, 2024

Former state Sen. Brian Kelsey, R-Germantown, has asked the U.S. Supreme Court to reverse his conviction on charges of breaking federal campaign finance laws, Tennessee Lookout reports. Kelsey pleaded guilty to funneling more than $100,000 from his state campaign account through two political action committees to the American Conservative Union, which bought digital and radio advertising to bolster his bid for a congressional seat in 2016. He was sentenced to 21 months in prison. He later attempted to change his plea to not guilty. The 6th U.S. Circuit Court of Appeals declined to reverse the plea. Kelsey is now asking the high court to reverse arguing that the appeals court applied the wrong type of review.

Posted by: Stacey Shrader Joslin on Dec 19, 2024

The Hamilton County Commission this week delayed a decision on choosing a new county attorney until its next meeting on Jan. 8, 2025. According to Chattanoogan.com, the body postponed consideration of the matter after meeting with attorney John Konvalinka, who was hired to represent the commission on the matter. Longtime county attorney Rheubin Taylor is contracted to serve until July 1, 2025. Taylor has said that attempts by County Mayor Weston Wamp to name Janie Parks Varnell as the new county attorney would violate his contract. 


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