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Posted by: Stacey Shrader Joslin on Dec 18, 2024

Legal Aid of East Tennessee (LAET) will present a free one-hour virtual disaster relief training for lawyers tomorrow at 10:30 a.m. CST / 11:30 a.m. EST. The program is being offered in conjunction with West Tennessee Legal Services, Tennessee Alliance for Legal Services (TALS), Washington County Recovery Committee, FEMA and the Small Business Administration. One hour of CLE credit is available. No registration is required. Join the Zoom Meeting using this link. Meeting ID is 898 7299 9787. Passcode is 985071.

Posted by: Laura Labenberg on Dec 18, 2024

The start of a new year is the perfect time to reflect on the past year and past successes, learn from mistakes, and set new goals. As a young attorney, a new calendar year offers a unique opportunity to grow. Here are a few tips from YLD Health and Wellness Coordinator Patrick Morrison to help you make the most of 2025.

  1. Prioritize Well-Being: You knew this was going to be on the list! Many people give up on their resolutions within the first two weeks of the new year, and most abandon their resolutions by mid-February. Make practical goals to prioritize your well-being. Well-being doesn't have to be hours in the gym or counting your macros. If that works for you, great! If it doesn't, there are other ways to prioritize your well-being! Set boundaries and allocate time for personal interests, time with family and friends and hobbies. Maybe you set a goal to try a new hobby in January, like meditation, or try yoga for the first (or millionth) time!
  2. Continue Learning: Of course, you have to attend CLEs, but what if you attended a new conference, learned a new subject matter or even presented a CLE? Stay informed about the latest legal developments and trends.
  3. Set Goals: A number of lawyers operate by a to-do list. What if you wrote down your goals? Make short-term and long-term goals. Break down larger objectives into smaller, achievable tasks while also visualizing your career trajectory, and set ambitious and realistic long-term goals. Maybe your goal is to be more involved in the community, serve on a nonprofit board or take at least one court-appointed case. There are no wrong answers to goal setting! Reach for the stars with steps to get there.
  4. Build Relationships: Being an attorney can be isolating, but you're not alone! It's important to have friends, family and colleagues who support you and want to see you succeed. Attend networking events, volunteer for your local mock trial competition, get involved in a local run club. All of these can expand your professional and personal network. What would it look like if you started connecting (or reconnecting) with someone over coffee? The world can be a messy and complicated place and connecting with others can help.

By implementing these tips, you can position yourself for a successful and fulfilling 2025! Remember to stay persistent, embrace challenges and always strive for excellence while also recognizing that you are human and still need your rest. Cheers to a new year, new you!

Posted by: Laura Labenberg on Dec 18, 2024

The YBA Young Lawyers Division's first Exploration CLE received rave reviews — including, "it was the single greatest CLE I've ever been to," "amazing CLE," "insightful" and "very original idea" — that plans for the next program are underway! Make plans now to join the YLD for its second Exploration CLE at Fall Creek Falls State Park in Spencer on May 30. Take the day to experience the magnificence of one of Tennessee's state parks while earning three hours of CLE credit. The day will include lunch and a ranger-led hike. You don't want to miss out! Click here to register. Stay tuned for more details.

Posted by: Azya Thornton on Dec 17, 2024

After the denial of a motion to suppress, Charles Ivie Porter, Defendant, pled guilty to two counts of possession of methamphetamine with the intent to sell in exchange for the dismissal of seven additional drug charges in two separate cases. He received an effective sentence of twelve years in incarceration. Pursuant to the plea agreement, the parties reserved a certified question of law for appeal under Tennessee Rule of Criminal Procedure 37(b)(2). After a review, we determine that we do not have jurisdiction to address the certified question because it does not meet the requirements of Rule 37(b)(2) and State v. Preston, 759 S.W.2d 647 (Tenn. 1988). Therefore, we dismiss the appeal.

Posted by: Azya Thornton on Dec 17, 2024

The Defendant, Charles Lynell Sims, pled guilty in the Knox County Criminal Court to aggravated assault, a Class C felony, in exchange for a Range II sentence of eight years, with the manner of service left to the trial court’s determination. Following a sentencing hearing, the trial court ordered the Defendant to serve the entire eight-year sentence in confinement. On appeal, the Defendant argues that the trial court abused its discretion in ordering a sentence of total confinement. Based on our review, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Dec 17, 2024

The Defendant, Sergio Rangel, was convicted by a Knox County Criminal Court jury of facilitation of aggravated burglary, a Class D felony, and sentenced by the trial court as a Range I, standard offender to four years, suspended to three years of supervised probation following twelve months of confinement. The sole issue the Defendant raises on appeal is whether the evidence is sufficient to sustain his conviction. Based on our review, we affirm the judgment of the trial court but remand for entry of a corrected judgment to reflect the correct conviction offense.

Posted by: Azya Thornton on Dec 17, 2024

A Shelby County jury convicted the Defendant, Laverick Clark, of one count of attempted first degree murder with serious bodily injury, one count of attempted first degree murder, two counts of especially aggravated burglary, one count of aggravated assault, and one count of stalking. The trial court sentenced the Defendant to a total effective sentence of twenty-five years. On appeal, the Defendant contends that the trial court erred when it denied his motion for a mistrial and when it sentenced him. He also contends the evidence was insufficient to support his conviction for attempted first degree murder. Following our review, we affirm the trial court’s judgments.

Posted by: Azya Thornton on Dec 17, 2024

A Knox County jury convicted the Defendant, Bryan Anthony Capps, of two counts of sexual battery, two counts of sexual battery by an authority figure, and one count of violating the Sexual Offender Registry. The trial court sentenced the Defendant to an effective eight-year sentence to be served in the Tennessee Department of Correction. In his appeal, the Defendant argues that (1) the evidence was insufficient to show that the Defendant qualified as an authority figure or that he conducted an overnight visit at a residence with minors present; (2) the trial court’s oath as administered to the minor witnesses, which included a “pinky promise,” amounted to an improper comment on their credibility; (3) the trial court erred by allowing the prosecution to question a defense witness about felony convictions more than ten years old; and (4) the trial court erred by denying split confinement and by imposing consecutive sentences. Upon our review, we respectfully affirm the judgments of the trial court.

Posted by: Azya Thornton on Dec 17, 2024

This appeal arises from an action to recover excess proceeds from the tax sale of a parcel of real property. After the redemption period had ended, the appellants, heirs to the decedent whose property was sold at the tax sale, moved to claim the excess proceeds pursuant to Tennessee Code Annotated § 67-5-2702. The appellee, a company that had held a valid judgment lien against the real property at the time of the tax sale, also moved to claim the excess proceeds, arguing that its lien held priority over the heirs’ claim pursuant to § 67-5-2702(c)(2). The heirs objected, asserting that because the company had allowed its judgment lien to lapse after the tax sale, the company no longer maintained priority to claim the excess proceeds from that sale. The trial court granted the company’s motion, determining that because its judgment lien had been valid and enforceable at the time of the tax sale, the company maintained priority over the heirs to receive the excess proceeds pursuant to § 67-5-2702(c)(2). Discerning no reversible error, we affirm.

Posted by: Azya Thornton on Dec 17, 2024

This is an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B § 2.02 from the trial court’s denial of a motion for recusal. We have determined that the petition must be summarily dismissed because the petition for recusal appeal was untimely and the time for filing a petition for recusal appeal is jurisdictional and cannot be extended by this court. See Tenn. Sup. Ct. R. 10B, § 2.08. We also find that the petition would have to be dismissed due to numerous and substantive failures to comply with Rule 10B § 2.02, including the failure to file a copy of the affidavit in support of the motion for recusal as well as the trial court’s order denying recusal. Accordingly, the appeal is dismissed.


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