Stacy Michelle Cochran, Defendant, entered an open plea of guilty to three felonies and one misdemeanor. Following a sentencing hearing, the trial court sentenced her as a Range II multiple offender to an effective sentence of twenty-four years to be served at 35%, plus eleven months and 29 days to be served at 75%. Defendant claims that the State entered into a plea agreement for her to be sentenced as a Range I offender and that the trial court erred in sentencing her as a Range II offender. Because the record on appeal, which does not contain the transcript of the plea submission hearing or the transcript of the sentencing hearing, is inadequate for meaningful appellate review, we are precluded from addressing the issue. The judgment of the trial court is affirmed.

This action involves the termination of a mother’s parental rights to her minor children. Following a bench trial, the court found that clear and convincing evidence existed to establish the following statutory grounds of termination: (1) abandonment for failure to provide a suitable home; (2) substantial noncompliance with the permanency plans; (3) persistence of conditions which led to removal; and (4) failure to manifest an ability and willingness to assume custody of the children. The court also found that termination was in the best interest of the children. We affirm the trial court’s termination decision.

This appeal stems from an inmate’s lawsuit seeking a transfer to another facility due to a claimed imminent risk of violence from other inmates. Benjamin Douglas (“Plaintiff”) sued Frank Strada, Commissioner of the Tennessee Department of Correction, and the Tennessee Department of Correction (“TDOC”) (“Defendants,” collectively) in the Chancery Court for Hardeman County (“the Trial Court”), asking for injunctive and declaratory relief based on the safe prisons clause of the Tennessee Constitution. Defendants filed a motion to dismiss, which the Trial Court granted. The Trial Court found that it lacked jurisdiction because Plaintiff failed to exhaust his administrative remedies. Plaintiff appeals. We hold, inter alia, that exhaustion of administrative remedies was not jurisdictional in this case; that the Trial Court abused its discretion in applying the exhaustion doctrine when Defendants failed to properly raise that affirmative defense; and that the Trial Court erred in considering matters outside the complaint at the motion to dismiss stage without converting the motion to one for summary judgment. We reverse and remand for further proceedings.

December 9, 2024 - December 13, 2024.

Make plans now to attend the 2025 Estate Planning and Probate Forum, which will be held Feb. 28, 2025, at the Embassy Suites Cool Springs in Franklin. The daylong event will feature expert speakers covering topics such as community property trusts, AI developments, a probate panel, ethics, legislative updates and much more. Breakfast and lunch will be provided, offering opportunities for networking with colleagues from across the state. Sessions will run from 8:30 a.m. to 5 p.m. CST. The program offers seven hours of CLE including two hours of dual credit. Section members receive discounted pricing. Not a member of the Estate Planning & Probate Section yet? Join here. For more information on the forum, to view the speaker line up and to register, visit TBA’s website.

The TBA will host a webcast replay of Making “Difficult Communications” Less Difficult and Best Practices and Strategies for Success on Dec. 30 from noon to 1 p.m. CST. The presentation will explore five key barriers to healthy communication in the workplace and offer strategies for building stronger relationships. It also will address unconscious biases and common communication mistakes made by attorneys and employers, while providing practical tips for improving communication skills. Finally, the session will cover de-escalation techniques, equipping legal professionals with valuable tools to navigate challenging conversations more effectively. For more information and to register, visit TBA’s website.

The Tennessee Department of Children’s Services (DCS) has announced a change to the Tennessee Child Abuse Hotline. During designated weekend hours — Fridays at 11 p.m. CST through Sundays at 11 p.m. CST — the hotline will transition to an online-only reporting system for the public. The pilot program aims to increase the efficiency of the hotline and reduce long wait times for callers, according to a press release. Callers wishing to report child abuse or neglect during weekend hours will hear a recorded message prompting them to submit information through DCS’s secure online referral portal. The hotline will remain staffed during weekend hours, and online reports will continue to be reviewed in real-time. The change only affects the hotline’s public line. The dedicated line for law enforcement and medical personnel will remain available during weekend hours.

State Rep. John Gillespie, R-Memphis, filed two bills last week related to Tennessee's bail system. The first bill, HB33, would require judges to assume that anyone charged with an offense "involving the use or display of firearms" should not be released on their own recognizance. A magistrate or judicial officer who decides to release someone with such charges on their own recognizance would "be required to list out written findings in a bail order for each applicable factor," the Commercial Appeal reports. The second bill, HB34, would allow judicial system officials to consider a defendant's juvenile record in determining bail. Currently, Tennessee law does not allow courts to consider juvenile criminal records in bail proceedings.

Miles Mason Family Law Group (MMFLG) in Memphis has moved to a new office on the fourth floor of the Crescent Center at 6075 Poplar Ave., Suite 403, Memphis, TN 38119. In a press release announcing the move, Miles Mason said, "We couldn’t be more thrilled to see MMFLG settling into their brand-new space! Transforming a previously all-white, contemporary office into a warm and welcoming environment, we added calming blue accents and homey touches to create a cozy atmosphere." Mason says his daughter's firm, Anne Mason Design, helped create the new environment with residential elements throughout the office so clients would feel safe and at ease.

Tennessee State University (TSU) appointed a new interim president shortly after its previous interim president resigned last week citing disagreements with the board over how to prevent the university from running out of money. The Tennessean reports that the board named one of its own members to the post. Dwayne Tucker, CEO of the charter school network LEAD Public Schools and a TSU alumnus, will serve as interim president. "We don't want to start 2025 off by litigating the past," Tucker said at a board meeting last week. Tucker's term as interim president will end June 30. The board plans to relaunch its search for a permanent president in January, with the goal of appointing someone to start in July, the paper reports. Since Tucker had to resigned his seat on the board, Gov. Bill Lee will be tasked with appointing a replacement, according to the paper.