A federal grand jury recently returned an indictment charging Catherine Corrine Daly with embezzlement from a Memphis law firm. According to the indictment, Daly was office manager at a law firm where she had access to the firm’s bank accounts, including the operating account. According to a press release from the U.S. Attorney's Office for the Western District of Tennessee, Daly had two American Express (AmEx) charge accounts in her name and a total of five AmEx charge cards issued through the two accounts to her and two of her relatives. Daly is alleged to have used money in the firm’s operating account to pay off amounts due on those personal AmEx accounts. In total, she is alleged to have embezzled $1.2 million of the law firm’s funds for her own use. The U.S. Secret Service is investigating while Assistant U.S. Attorney Joe Murphy is prosecuting the case.

The state lost two civil rights leaders this week. Knoxville native Yolande Cornelia “Nikki” Giovanni, a poet, civil rights legend and educator, died Monday at the age of 81 after her third cancer diagnosis. Giovanni attended Fisk University in Nashville and rose to prominence during the Black Arts Movement of the 1960s and 1970s. She later taught for 35 years in the English Department at Virginia Tech, according to the Tennessee Lookout. Just two days later, on Wednesday, Vencen Horsley, a Nashville civil rights leader and community advocate, died. Horsley was a prominent figure in the civil rights movement of the 1960s, peacefully demonstrating alongside the late Rep. John Lewis during Nashville’s sit-in movement. WKRN has more on his life.

A Tennessee Bar Journal article from the November/December 2024 issue about the Corporate Transparency Act featured in today’s issue of TBJ Select — an electronic newsletter sent to TBA members twice a month as a compliment to the print publication — was published on Nov. 1, well before a federal judge in Texas issued a nationwide injunction blocking its enforcement. The injunction from U.S. District Judge Amos Mazzant earlier this month, reported in the Dec. 4 issue of TBA Today, halts enforcement of the act while a challenge from the National Federation of Independent Business and several small businesses and nonprofits makes its way through the legal process. 

The Petitioner, Justin Quistopher Webb, pled guilty to attempted first degree murder and theft of property and received a sentence of twenty years. Thereafter, he filed a petition for post-conviction relief, alleging that his plea counsel rendered ineffective assistance in failing to advise him of the significant consequences of the plea. After a hearing, the post- conviction court denied the petition by finding that plea counsel was not ineffective. On appeal, the Petitioner argues that the post-conviction court erred in denying his petition, asserting that he proved his allegations by clear and convincing evidence. Upon our review, we respectfully disagree and affirm the post-conviction court’s judgment.

The Defendant, Bobby V. Summers, appeals the trial court’s summary dismissal of his motions to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.

This appeal stems from a dispute over a purportedly defective sprinkler system which malfunctioned, causing significant damage to Campus Chalet, Inc. (“Campus Chalet”). East Tennessee Sprinkler Company, Inc. (“ETS”) installed the system in 1992 and remained contractually responsible for subsequent inspections, testing, and maintenance of the system. On October 5, 2023, Campus Chalet’s insurance carrier filed a complaint in the Circuit Court for Washington County (the “trial court”), against ETS, alleging that the sprinkler system malfunctioned and caused significant damage to Campus Chalet. ETS filed a motion to dismiss, arguing that the complaint was time-barred by a statute of repose. The trial court granted ETS’s motion, and this appeal followed. Because we agree with the appellant that the negligence and breach of contract claims are based on ongoing failures to inspect, test, and maintain the system, we reverse.

The TBA's continuing efforts to provide education and resources related to our state's system of appointed counsel includes our Indigent Representation Primer series, which shares background and updates about indigent representation in Tennessee. So far, the series has covered basics about indigent representation and Tennessee's system of appointed counsel, including the types of cases that qualify; different models for providing indigent defense, as well as the benefits and challenges of different approaches; the criteria used by courts to determine when an attorney should be appointed; and the specific role of guardians ad litem in the context of indigent defense. Read the next primer update in Friday's TBA Today.

State Attorney General Jonathan Skrmetti and the nonprofit Adoption Project are teaming up to boost public awareness about “adoption facilitators”: unlicensed, unregulated persons or entities that act as middlemen between expectant birth parents and adoptive parents. The groups say these “matchmakers” — who often are from out of state and charge large, nonrefundable upfront fees — are an increasing problem in the state. Skrmetti spoke to the issue in a video released last month as part of National Adoption Month. Local News 3 has more on the story.

Tennessee’s hemp industry is making a last-ditch legal effort to halt new rules from the state Department of Agriculture that would ban the sale of hemp products, which have been legally available in the state since 2019. The Tennessee Lookout reports that attorneys representing hemp retailers and producer associations will be in court next week to fight new testing rules scheduled to take effect Dec. 26. The rules would bar the manufacture, distribution and sale of many of the best-selling hemp products that have helped drive a nascent state industry to generate $280-$560 million in sales annually. The rules require products to be tested for the first time for so-called TCHA content, a naturally occurring and still-legal substance found in all hemp plants.

Memphis-area defense attorneys are sounding the alarm about conditions at the Shelby County Criminal Justice Center, also known as 201 Poplar, following the November death of an inmate in the jail’s intake area. Attorneys who spoke with The Daily Memphian noted long wait times for booking and processing into the jail and inadequate living conditions in intake, including a lack of beds and overcrowded holding cells. Booking and processing, which should normally take just a few hours, is taking days, the lawyers said. Data from the Shelby County Sheriff’s Office confirms these observations, the paper reports.