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Posted by: Azya Thornton on Dec 16, 2024

Rep. Steve Cohen, D-Memphis, Democratic Sen. Ed Markey of Massachusetts and 10 other lawmakers sent a letter to the CEO of the Tennessee Valley Authority (TVA) last week, urging the federal utility to slow its expansion of natural gas plants and invest more in renewable energy. The lawmakers expressed concern that TVA may fail to meet its clean energy goals after building several large gas plants, which are subject to fluctuating fuel prices and the risk of methane leaks. According to Knox News, the letter was a response to a draft of TVA's integrated resource plan, which outlines potential pathways the utility could take to meet electricity demand by 2050. During the comment period, TVA received more than 2,200 official comments on the plan. According to the paper, a final version of TVA’s resource plan is expected to be presented to the TVA Board for consideration next spring.

Posted by: Azya Thornton on Dec 16, 2024

A man wrongfully convicted in the early 2000s for a robbery he says he did not commit has filed a lawsuit against the city of Memphis, the Memphis Police Department and the officers who worked his case in federal court. Arits Whitehead was convicted and sentenced to 249 years in prison after a police investigation stalled for more than eight months. A year ago, he was released from prison after nearly two decades behind bars when a judge found evidence that Whitehead was wrongfully convicted. According to the Commercial Appeal, Whitehead claims he was inadequately represented and that the police knowingly relied on a shaky informant — later concealed behind a CrimeStoppers tip — to arrest him. The lawsuit does not request a specific amount in damages, instead seeking compensatory damages, attorneys' fees, court costs and punitive damages.

Posted by: Azya Thornton on Dec 16, 2024

Virginia and South Dakota are now among 29 states that will use the new bar exam set to debut in July 2026, bringing the total number of jurisdictions to more than half of the 56 states and territories that rely on a bar exam for attorney licensing, Reuters reports. The "NextGen" bar exam is the first major redesign of the national lawyer licensing test in 25 years. It began development in 2021 with the goal of creating a test that emphasizes legal skills and relies less on memorization of laws. The Tennessee Supreme Court announced in April that, starting in July 2027, law school graduates seeking to be licensed in Tennessee will take the NextGen exam, rather than the Uniform Bar Examination (UBE), which has been used since 2019. Only two states — California and Nevada — have announced they will not adopt the NextGen bar exam.

Posted by: Brooke Leeton on Dec 16, 2024

TBA's Federal Practice Section is sponsoring a one-hour webcast Dec. 17 at 11 a.m. CST that will cover the Bail Reform Act of 1984. During the first portion of the presentation, Assistant U.S. Attorney Brent Jones will discuss the post-arrest pre-trial process, including the defendant’s initial appearance, advisement of rights and pre-trial detention options. He will then speak about the process of and practice at a detention hearing. The second portion of the presentation will consist of Federal Defender Jonathan Moffatt discussing the pretrial advisement of his client and considerations of requesting a detention hearing. He will also share steps he takes to prepare for a detention hearing. Register now!

Posted by: Laura Labenberg on Dec 16, 2024

The Knoxville Bar Association Barristers' High School Mock Trial Committee has set its regional competition for Feb. 21 and 22, 2025, at the City County Building. The top two teams will advance to a championship round on Feb. 23, 2025, at LMU Duncan School of Law Courtroom. This program is supported entirely by volunteer efforts. Traditionally, East Tennessee law school students, attorneys and judges have donated their time to serve in the roles of bailiff, scoring judges and presiding judges during the competition. To volunteer, contact Celia Ball-Christmas.

Posted by: Azya Thornton on Dec 13, 2024

The TBA is offering a last-minute CLE opportunity to help attorneys meet their requirements before the Dec. 31 deadline with its “Attorney Wellness Package.” The package includes 5.25 dual CLE hours, focusing on critical topics like trauma, wellness and mindfulness. Highlights include the new What Attorneys Must Know About Trauma session and wellness programs from the TBA Convention. Designed for convenience and quality, this wellness-focused package provides quick access to high-value content for lawyers. For more information, visit the TBA website.

Posted by: Azya Thornton on Dec 13, 2024

BLOOMEKATZ, Circuit Judge. Celestia Chapman requested time off under the Family and Medical Leave Act (FMLA) to take care of her sister, who was dying of cancer. Her employer, Brentlinger Enterprises, d/b/a the Midwestern Auto Group (MAG), told her the statute did not provide leave to care for an adult sibling. Eventually, when she did not show up for work one day, MAG fired her. Then it lied and told workers’ compensation authorities she had quit. MAG also threatened to bring Rule 11 sanctions if she brought an FMLA lawsuit, and failed to provide her statutorily mandated notice of health insurance availability. After that, Chapman sued, claiming that her termination and the subsequent allegedly retaliatory actions violated the FMLA and other statutes. Both parties moved for summary judgment, both parties prevailed on some claims but lost on others, and both parties now appeal. We affirm in part and reverse in part, remanding to the district court to consider several statutory claims it erroneously dismissed.

Posted by: Azya Thornton on Dec 13, 2024

In 2022, the Petitioner entered a best interest plea to one count of reckless homicide and two counts of selling fentanyl. By agreement, the State dismissed multiple other pending charges, and the trial court entered the agreed sentence of fifteen years. In 2024, the Petitioner filed a petition for habeas corpus relief contending that, pursuant to the circumstances of the plea, the trial court lacked subject matter jurisdiction over the case, nullifying his convictions. The habeas corpus court summarily dismissed the petition. The Petitioner filed an untimely appeal but claims that he improperly filed for appeal in the wrong court. On appeal, he maintains his subject matter jurisdiction claim. After review, we affirm the habeas corpus court’s judgment.

Posted by: Azya Thornton on Dec 13, 2024

The Defendant, Timothy Dion Wells, was convicted by a Knox County Criminal Court jury of second degree murder, for which he is serving a twenty-two-year sentence as a Range I offender. See T.C.A. § 39-13-210(a)(1) (2018). On appeal, he contends that: (1) the evidence is insufficient to support his conviction, (2) the trial court erred in various evidentiary rulings, (3) he is entitled to a new trial based upon the cumulative effect of multiple trial errors, and (4) his sentence is excessive. We affirm the judgment of the trial court.

Posted by: Azya Thornton on Dec 13, 2024

The Petitioner, William G. Creasy, appeals the Trousdale County Circuit Court’s summary dismissal of his petition for writ of habeas corpus relief. Following our review, we affirm the judgment of the habeas corpus court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.


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