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Posted by: Azya Thornton on Dec 11, 2024

A Bedford County jury found the Defendant, Bobby Daniel Pettie, guilty of possession of a firearm with the intent to go armed during the commission of a dangerous felony, among other offenses. The court then imposed a six-year sentence for this conviction after implicitly finding that the Defendant had a qualifying prior felony conviction. Thereafter, the Defendant sought to have his sentence declared illegal pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that the jury did not find that he had a qualifying prior felony conviction. The trial court denied the motion, finding that the Defendant waived the jury’s determination of the issue. The Defendant appealed to this court. Upon our review, we respectfully affirm the judgment of the trial court.

Posted by: Azya Thornton on Dec 11, 2024

A Davidson County jury convicted the Defendant, Brentnol Calvin James, of first degree premeditated murder, and the trial court imposed a life sentence. On appeal, the Defendant asserts that the evidence of premeditation was insufficient to support his conviction, and that the trial court erred by failing to provide a jury instruction on self-defense. After review, we affirm the trial court’s judgment.

Posted by: Azya Thornton on Dec 11, 2024

In this parental termination case, the mother appeals the termination of her parental rights to two children. The trial court found that grounds for termination had been proven and that termination of her parental rights was in the children’s best interests. She appealed, raising several issues. We find that one ground for termination, abandonment for failure to support, was properly pled and proven by clear and convincing evidence; however, we reverse the ruling that the ground of abandonment by failure to visit had been proven. We also vacate the other grounds purportedly found by the trial court because they were not properly pled. We affirm the trial court’s determination that termination of the mother’s parental rights is in the children’s best interests. Accordingly, we affirm the termination of the mother’s parental rights.

Posted by: Azya Thornton on Dec 11, 2024

Paul David Rowe was not informed of a radiology report, which revealed two masses in his kidneys indicative of renal cancer, for five years. Mr. Rowe passed away after suit was filed, but his wife, Sharon K. Rowe, both individually and as the administrator ad litem of his estate, (“Plaintiffs”) maintained a health care liability action against the allegedly negligent parties, Wellmont Health System d/b/a Wellmont Bristol Regional Medical Center (“Wellmont”), Carl W. Harris, Jr., D.O. (“Dr. Harris”), and Northeast Tennessee Emergency Physicians (“NETEP”) (collectively, “Defendants”) in the Circuit Court for Sullivan County (“the Trial Court”). Defendants filed two separate motions for summary judgment, arguing that the three-year statute of repose barred Plaintiffs’ action. Plaintiffs raised the defense of fraudulent concealment. The Trial Court granted the motions for summary judgment finding that Defendants had no actual knowledge until 2015 that Mr. Rowe had or might have had cancer in 2010, and therefore, had nothing to fraudulently conceal. Plaintiffs appealed. We affirm.

Posted by: Azya Thornton on Dec 11, 2024

This appeal stems from a long-standing custody dispute between the mother and father of two minor children. The trial court entered a court-ordered parenting plan in February of 2022, but the parties experienced substantial difficulty co-parenting with one another. Numerous pleadings were filed by both parties, including a petition for modification filed by the mother in May of 2022 and motions for civil and criminal contempt filed by the father against the mother. The trial court held a hearing on all of the parties’ pending motions on April 14, 2023, and May 12, 2023. The trial court ultimately determined that no material change in circumstances occurred and left its previously ordered parenting plan and subsequent orders in place. The trial court also found the mother in civil and criminal contempt on eight counts. Further, the trial court declined any further jurisdiction over the case, as the mother and the children had resided in Florida for several years by the time the final order was entered. The father appeals, raising four issues. We affirm the trial court’s decision as to custody and contempt. While the father raises evidentiary issues, we conclude that any error by the trial court was harmless. We vacate and remand the trial court’s judgment as to continuing jurisdiction over the case.

Posted by: Azya Thornton on Dec 11, 2024

Tennessee State University Interim President Ronald Johnson resigned today as tensions over the school’s finances continue to escalate. Johnson took office in July after the TSU Board of Trustees appointed him to a one-year term. According to The Tennessean, his appointment followed years of criticism from state leaders regarding the school’s management. Johnson had previously criticized the lack of oversight by the former board, which was vacated earlier this year by the state legislature. The board will hold a special meeting Friday morning to discuss appointing a new interim president.

Posted by: Jamie Rhode on Dec 11, 2024

The Family Law Section will present "Family Law Update 2024" on Dec. 18 at noon CST. This one-hour webcast with the section vice chair K.O. Herston will cover legislative and case law updates that every family law attorney needs to know. Register now for this informative CLE! Thank you to our presenting sponsor Soberlink.

Posted by: Azya Thornton on Dec 11, 2024

The TBA is offering a Law Practice Management Package for lawyers seeking convenient and high-quality continuing legal education. The package provides six dual hours and covers essential topics for lawyers in all practice areas and settings. Topics include client management and communications, cybersecurity, technology, business planning, AI and more! For details on this year-end package and the courses it includes visit TBA's website.

Posted by: Azya Thornton on Dec 11, 2024

TBA’s Labor and Employment Section will host a webcast “Summary Judgment — A View From the Bench” on Dec. 17 from noon to 1 p.m. CST. The webcast will feature district court judges from each of Tennessee's three grand divisions who will share insights on effective strategies for summary judgment motions. Judge Clifton Corker from the Eastern District, William Campbell from the Middle District and Judge Thomas Parker from the Western District also will provide practical guidance on local rules unique to each district and offer general best practices for briefing summary judgment motions. For more information and to register visit TBA’s website.

Posted by: Azya Thornton on Dec 11, 2024

On Thursday, the Elizabethton City Council will consider appointing an acting municipal judge while the city’s current judge remains unable to practice law, WJHL News reports. Municipal Judge Jason Holly’s law license was suspended in October after he reportedly failed to respond to a misconduct complaint filed with the Board of Professional Responsibility. That suspension followed a prior incident earlier this year when he was unable to sit on the bench due to failure to submit his required continuing legal education hours. Holly won reelection in November, despite not being able to practice law at the time voters went to the polls, according to the TV station.


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