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Posted by: Azya Thornton on Sep 12, 2024

Defendant, Curtis Bradley, was indicted on one count of aggravated assault by causing serious bodily injury and one count of false imprisonment. He entered a negotiated plea agreement to the lesser-included charge of reckless aggravated assault with the trial court to determine the length of sentence and whether Defendant would receive judicial diversion. The false imprisonment charge was dismissed pursuant to the agreement. The trial court denied judicial diversion, and ordered Defendant to serve three years, suspended to probation. Defendant argues on appeal that the trial court abused its discretion in denying his request for judicial diversion and by imposing more than the minimum sentence. Based on our review of the entire record, oral arguments, and the parties’ briefs, we affirm the judgment of the trial court, but remand for entry of a judgment form for the dismissal of count two.

Posted by: Liz Slagle Todaro on Sep 12, 2024

The Division of State Audit in the Office of the Comptroller of the Treasury on Sept. 5 issued its performance audit report of the Tennessee Court System, which evaluated the "effectiveness and efficiency" of the current system of indigent representation, as well as other court programs. The audit recognized that Tennessee, "like many other states," continues to face obstacles, and recommended that the Administrative Office of the Courts (AOC) "continue to work with the Supreme Court, the governor and the state legislature to ensure all citizens are afforded their constitutional or statutory right to legal counsel." The report discusses the need to address capacity issues and compensation of lawyers who take these difficult cases. The TBA remains committed to working with stakeholders to secure additional resources to address these issues. Read more about the report.

Posted by: Azya Thornton on Sep 12, 2024

In 2012, the Defendant, Reginald D. Bond, pleaded guilty to multiple counts of attempted rape of a child, and the trial court sentenced him to ten years of incarceration and ordered him to community supervision for life and to register as a sex offender. After his release, the Defendant was convicted of violating the sex offender registry, and the trial court sentenced him to six years, suspended to probation. He violated his probation by being charged with new offenses, so the trial court revoked his probation and ordered him to serve his sentence in confinement. The Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, seeking to correct an illegal sentence, contending that his sentence was illegal because the community supervision and sex offender registry requirements violated double jeopardy. The trial court summarily denied Rule 36.1 relief. On review, having determined that the Defendant has failed to state a colorable claim for Rule 36.1 relief, we affirm the judgment of the trial court.

Posted by: Azya Thornton on Sep 12, 2024

A Madison County jury convicted the Defendant, Tomar Donyelle Beard, of attempted first degree murder, aggravated assault, and employing a firearm during the commission of a dangerous felony. The trial court imposed an effective sentence of thirty-one years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the trial court erred when it excluded the Defendant’s expert from testifying and denied the Defendant’s motion for a continuance. After review, we affirm the trial court’s judgments.

Posted by: Stacey Shrader Joslin on Sep 12, 2024

The race for Elizabethton municipal judge is shaping up to be the third rematch between Municipal Judge Jason Lee Holly and Teresa Murray Smith, who held the post for three months in 2020 and was the city’s first female judge. The Elizabethton Star looks at the candidates, the history of their service and Smith’s reasons for entering the race this year.

Posted by: Azya Thornton on Sep 12, 2024

This appeal stems from a contract to purchase real property in Knox County, Tennessee, which ultimately fell through. The intended purchaser filed suit against the property owner seeking to enforce the contract. The property owner brought a counterclaim against the intended purchaser and a third-party claim against the intended purchaser’s principal averring that they fraudulently induced him to enter into the contract. After contentious litigation, the trial court entered a default judgment in favor of the property owner as a sanction for ongoing discovery abuses by the intended purchaser and its principal. The intended purchaser and its principal sought relief from the judgment pursuant to Tennessee Rule of Civil Procedure 60.02, which the trial court denied. Discerning no error by the trial court, we affirm.

Posted by: Azya Thornton on Sep 12, 2024

This is a consolidated appeal from the trial court’s denial of Tennessee Public Participation Act (“TPPA”) petitions filed by each of the named defendants in the underlying defamation lawsuit. Upon review, we affirm the trial court’s judgment as to each defendant.

Posted by: Azya Thornton on Sep 12, 2024

Pro se Appellant, Willie Gordon, has appealed an order of the Shelby County Circuit Court that was entered on December 15, 2023. We determine that the trial court’s order does not constitute a final appealable judgment. Therefore, this Court lacks jurisdiction to consider the appeal. The appeal is, therefore, dismissed.

Posted by: Stacey Shrader Joslin on Sep 12, 2024

The State Textbook and Instructional Materials Quality Commission recently announced that Crossville lawyer Hayden T. Shadden was named its new general counsel. Shadden graduated from the University of Memphis Cecil C. Humphreys School of Law in 2020 and previously was in private practice focusing on civil litigation, mergers and acquisitions, employment law and estate planning/taxation. The commission is composed of 11 volunteer members who recommend textbooks and instructional materials to the State Board of Education and hear challenges to public school library books and materials.

Posted by: Stacey Shrader Joslin on Sep 12, 2024

This week, in a letter to Congress, Attorney General Jonathan Skrmetti and 41 attorneys general called on lawmakers to pass legislation authorizing a U.S. Surgeon General warning on all algorithm-driven social media platforms. The group cites research that links young people’s use of such platforms to psychological harm, including depression, anxiety and even suicidal thoughts. They also note how platforms feature “irresistible algorithmic recommendations, infinite scrolling and a constant stream of notifications” to keep kids engaged “even at the expense of taking breaks, engaging in other activities or sleeping.” Read more in a release. Last year, Skrmetti joined a nationwide effort to sue Meta alleging many of the same harms.


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