TBA Today - Tuesday, September 17, 2024 - Your fastest source of appellate court decisions, Supreme Court rules and orders changes, attorney general opinions and other Tennessee legal community news.
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TBA Today
Tuesday, September 17, 2024
Today's News
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Photo of Ritz announcing federal indictments against the now-former MPD officers in the Nichols case: Commercial Appeal

U.S. Attorney Ritz Confirmed to 6th Circuit Court of Appeals

U.S. Attorney Kevin Ritz of Memphis was confirmed to the 6th U.S. Circuit Court of Appeals Monday in a 48-46 vote by the U.S. Senate. The Daily Memphian reports that Ritz, nominated to the bench by President Joe Biden in March, succeeds Judge Julia Gibbons of Memphis on the panel of 29 judges who hear appeals from federal district courts in Tennessee, Kentucky, Michigan and Ohio. Gibbons is taking senior status on the court. According to the Commercial Appeal, Ritz, who was born and raised in Memphis, began working in the U.S. Attorney's Office for the Western District of Tennessee in 2005, holding a number of positions including appellate chief, criminal appellate chief and special counsel. As U.S. attorney, he led the federal criminal case against five Memphis police officers charged with violating Tyre Nichols' civil rights, was part of the announcement that the Justice Department had launched a pattern-or-practice investigation into the Memphis Police Department and brought a new program to Memphis that targets organized crime. Tennessee's Republican U.S. Sens. Marsha Blackburn and Bill Hagerty voted against Ritz's confirmation. Blackburn detailed her opposition during Senate Judiciary Committee hearings in April. U.S. Rep. Steve Cohen, D-Memphis, praised the Senate vote in a post-confirmation social media post.
 
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Celebrating Constitution Day

Today marks the 237th anniversary of the signing of the U.S. Constitution, the world’s longest surviving written charter of government. U.S. District Judge Curtis L. Collier and law clerks Carrie Brown Stefaniak, Rachel Elaine Noveroske and Katherine E. Philyaw discuss some of the current sentiment for changing or amending the Constitution. They consider the dissatisfaction that some people have with the document, the role and function of the federal judiciary and the procedural steps required to change the Constitution. Interested in learning more about Constitution Day? The TBA has a collection of online resources.
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From left: YLD leaders Ross Smith, Princess Rogers, Billy Leslie

YLD Leaders Visit Nashville School of Law

TBA Young Lawyers Division (YLD) Past President Billy Leslie, Secretary Ross Smith and TBA House of Delegates Member Princess Rogers visited the Nashville School of Law (NSL) this week to speak with students about the benefits of their free membership with the TBA, including the Diversity Leadership Institute (DLI) and mentoring programs. They encouraged students to get involved with the TBA early by volunteering at pro bono clinics and attending CLE programs. NSL 3L student Diane Tress, a member of the 2024 DLI class, also was on hand to encourage her peers to apply for that program. See photos from the event.
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Bahiraei Named Assistant Dean for Legal Studies at Vandy Law

Vanderbilt Law School announced that Kelly Bahiraei has been named assistant dean for legal studies, reporting to Vice Dean Lisa Bressman. In this position, Bahiraei will be responsible for developing and managing several non-law degree academic programs within the law school, including the undergraduate minor in legal studies, the master of legal studies and the master of laws. Bahiraei previously served as associate director of Admissions, Recruitment and International Student Services at Vanderbilt Law from 2014-2019. Prior to her return to the law school, she worked at K&L Gates as legal recruiting manager, and at Bass, Berry & Sims, leading a team responsible for student programming and recruitment.
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Lawsuit Alleging Discrimination Against Deaf Individuals Living In Group Homes Moves Forward

U.S. District Judge Aleta Trauger has ruled that a federal lawsuit alleging Tennessee’s mental health and disability agencies discriminated against deaf individuals living in privately run group homes can move forward. The Tennessee Lookout reports that attorneys for the state attempted to dismiss all claims brought by six individuals who say they were denied the ability to communicate and deprived of sign language interpreters and communication technologies in group homes. The state argued that Tennessee's mental health and disability agencies are not responsible for the way private group homes operate, but according to Trauger's decision, federal law “recognizes that a government agency’s decision to rely on a privatize-and-license model, rather than a direct services model, does not inherently excuse it from its antidiscrimination obligations in performing the underlying public services.”
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Q&A with New Tennessee AI Advisory Council Member Wiseman

Baker Donelson shareholder Lang Wiseman recently was named to the Tennessee Artificial Intelligence (AI) Advisory Council and will chair the council's policy subcommittee. The Nashville Post spoke with Wiseman about his appointment and to get his thoughts on AI in the legal community and beyond. He addresses the importance of protecting client data, the purposes and goals of the council and shares how the council can help identify opportunities to make Tennessee a leader in the AI movement.
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Former TDOC Deputy Commissioner, CFO Charged with Conspiracy, Perjury

The former deputy commissioner and chief financial officer for the Tennessee Department of Corrections (TDOC), Wesley Olan Landers, has been charged with conspiracy to obstruct justice and to commit perjury in connection with a $123 million contract to provide behavioral health services. According to a press release from the U.S. Attorney's Office for the Middle District of Tennessee, Landers used his personal email account to provide confidential TDOC information related to the bidding process for a new behavioral health service provider for TDOC inmates. After a new contract was awarded to a new provider, Landers was hired as vice president of operations, reporting to Jeffrey Scott Wells, to whom he had passed the confidential TDOC information and who also was charged in the case. If convicted, both defendants face up to five years in federal prison.
 
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WTLS Hosts Disaster Law Seminar This Thursday

Join West Tennessee Legal Services (WTLS) for its inaugural Disaster Law Seminar on Sept. 19 from 9 a.m. to 12:15 p.m. CDT. Attorney Jessi Pruett will discusses heirship property issues; WTLS attorneys Matthew Flood and Michael Creasy will present an overview of disaster legal work, FEMA appeals and working with the community after a disaster; and Vickie Trice and Jennifer Ramcharan from the Department of Commerce and Insurance will discuss working with insurance companies after a disaster. The event is free and will take place via Zoom. Register here.
 
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Family photo: Crutchfield, right, with then-Vice President Al Gore, far left, and her grandson Carl

Civil Rights Activist Dies at 99

As a teacher in Tennessee State University's health and physical education department, Inez Crutchfield was uniquely placed to take on a behind-the-scenes support role of the Civil Rights Movement. She was a fixture in Nashville's 1960s sit ins, driving students to organizing meetings, bringing them food in jail when they were arrested and reassuring their worried parents. Crutchfield became the first Black president of the Davidson County Democratic Party Women's Club and went on to be the first Black woman to serve as Tennessee's representative on the Democratic National Committee, though never running for political office herself. A funeral service for Crutchfield will be held Sept. 23 at First Baptist Church Capitol Hill. Time to be determined. The Tennessean has this remembrance.
 
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Save the Date: What Attorneys Must Know About Secondary and Vicarious Trauma

The TBA Young Lawyers Division (YLD) is sponsoring a webcast on Nov. 21 beginning at noon CST titled "What Attorneys Must Know About Secondary and Vicarious Trauma." S. Chris Troutt, CEO of the Papillon Center, will lead a discussion on recognizing and understanding how the secondary trauma of walking with clients through difficult situations can impact attorneys. One hour of ethics credit is available for the program.
 
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Protect Your Firm with Lawyers’ Malpractice Insurance

TBA Member Insurance Solutions offers three preferred providers for malpractice insurance. What does this mean for you? Power of choice – you want freedom to choose your coverage options and provider and we’re here to offer you that freedom. Flexibility – each provider offers many options so that you receive a policy that caters to your needs. Security – you can take comfort in knowing that each provider has been diligently vetted to ensure quality and financial stability. Get a quote now.
 
Court Opinions

You can obtain full-text versions of these opinions by selecting the link below each opinion’s summary paragraph. Your email software should give you the option of reading the opinion online or downloading it to your computer or mobile device. Decisions from the 6th Circuit Court that are not designated for publication are not included in this report.

Court: TN Supreme Court

September 9, 2024 - September 13, 2024

bishopt_091724.pdf

certlist_091724.pdf

colbentzb_091724.pdf

parkerg_091724.pdf

soloskys_091724.pdf
 

Court: TN Court of Appeals

Attorneys:

William F. Burns, Frank L. Watson, III, William E. Routt, John S. Golwen and A. Alex Agee, Memphis, Tennessee, for the appellant, Buchanan Dobson Dunavant.

Jef Feibelman and L. Mathew Jehl, Memphis, Tennessee, for the appellees, The Estate of William B. Dunavant, Jr., and The William B. Dunavant, Jr. Revocable Living Trust.

Judge(s): GOLDIN

At issue in this appeal is the petitioner’s attempt to recover for breach of contract of a marital dissolution agreement entered into between his parents prior to their divorce. Although the parents’ agreement had called for the petitioner’s father to create an irrevocable life insurance trust for the petitioner’s benefit, the trial court concluded that there was not an enforceable obligation regarding that subject matter and entered summary judgment. For the reasons stated herein, we affirm.

dunavantb_091724.pdf

Court: TN Court of Appeals

Attorneys:

Jonathan H. Wardle, Lebanon, Tennessee (on appeal), and Phillip S. Georges (at trial and on appeal), Nashville, Tennessee, for the appellant, Janine Halterman-Scott.

Anthony M. Berry, Nashville, Tennessee, for the appellee, Tennessee Society of Certified Public Accountants.

Judge(s): USMAN

The Plaintiff was injured as a result of stepping into a hole in the grass on the Defendant’s property and brought a premises liability action. The trial court granted summary judgment to the Defendant, finding that the Plaintiff’s responses to the Defendant’s statement of undisputed material facts established that the Defendant had no actual or constructive notice of the dangerous condition. On appeal, the Plaintiff asserts there is evidence from which notice could be inferred. We conclude that the trial court properly granted summary judgment. The judgment is affirmed.

scottj_091724.pdf

Court: TN Court of Appeals

Attorneys:

Tim Arrants and James Marple, Jefferson City, Tennessee, for the Appellant, Fred Auston Wortman, III.

Reid A. Spaulding, Knoxville, Tennessee, for the appellee, Eric Shirkey.

This appeal concerns whether witness testimony in the course of a parole hearing is absolutely privileged. Fred Auston Wortman, III (“Plaintiff”), a prisoner, filed a defamation lawsuit against Eric Shirkey (“Defendant”), a detective who testified at Plaintiff’s parole hearing, in the Circuit Court for Morgan County (“the Trial Court”).1 Plaintiff alleged that Defendant’s statements about him at the parole hearing, such as calling Plaintiff a “narcissist,” damaged his reputation. Defendant filed a motion to dismiss, which the Trial Court granted. The Trial Court concluded that Defendant’s statements were absolutely privileged. Plaintiff appeals, arguing that his parole hearing was administrative rather than judicial in nature, so Defendant’s statements were not protected by absolute privilege. We hold that the parole board, in considering whether to grant Plaintiff parole, was exercising a judicial function such that absolute privilege extended to testimony at the parole hearing. We hold further that Defendant’s statements were relevant and pertinent to the issues involved. Therefore, Defendant’s statements at Plaintiff’s parole hearing were absolutely privileged. We affirm.

wortmanf_091724.pdf
 

Court: TN Court of Criminal Appeals

Attorneys:

Samuel W. Hinson, Lexington, Tennessee, for the appellant, James Lee McClain.

Jonathan Skrmetti, Attorney General and Reporter; Caroline Weldon, Assistant Attorney General; Jody S. Pickens, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HIXSON

The Petitioner, James Lee McClain, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief challenging his convictions for aggravated assault and witness coercion. The Petitioner argues he received the ineffective assistance of both pretrial and appellate counsel. Specifically, he contends both attorneys who represented him during the pretrial stage were ineffective by failing to discuss discovery materials and case strategy with him, failing to adequately prepare for trial, and failing to file “critical” motions, resulting in the Petitioner’s having to represent himself at trial. Additionally, he argues appellate counsel was ineffective by failing to include sufficiency of the evidence and severance issues in his direct appeal. Following our review, we affirm the judgment of the post-conviction court.

mcclainj_091724.pdf

Court: TN Court of Criminal Appeals

Attorneys:

T. Scott Jones, Knoxville, Tennessee, for the appellant, John Michael Storey.

Jonathan Skrmetti, Attorney General and Reporter; Brooke A. Huppenthal, Assistant Attorney General; Jared R. Effler, District Attorney General; and Andrea Bridges, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GREENHOLTZ

The Defendant, John Michael Storey, pled guilty as a Range III, persistent offender to reckless homicide and the sale and delivery of fentanyl. As part of the plea, the parties agreed to have the trial court decide the length of the sentences and the manner of their service. Following a sentencing hearing, the trial court imposed an effective sentence of eight years and denied the Defendant’s request for an alternative sentence. On appeal, the Defendant argues that the trial court should have granted an alternative sentence or, alternatively, should have modified his sentence pursuant to Tennessee Rule of Criminal Procedure 35 to provide for probation or split confinement. Upon our review, we conclude that the Defendant’s notice of appeal was untimely as to the trial court’s original sentencing decision, and we dismiss that part of the appeal. We respectfully affirm the trial court’s judgments in all other respects.

storeyj_091724.pdf
 

Court: 6th Circuit Court (Published Opinions)

Attorneys:

ARGUED: Greg H. Greubel, FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, Philadelphia, Pennsylvania, for Appellant.

ARGUED: Caitlyn Luedtke Elam, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee, for Appellees.

ON BRIEF: Greg H. Greubel, Katlyn A. Patton, JT Morris, Paul A. Ruiz, FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, Philadelphia, Pennsylvania, for Appellant.

ON BRIEF: Caitlyn Luedtke Elam, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee, for Appellees.

ON BRIEF: Jennifer Safstrom, VANDERBILT LAW SCHOOL, Nashville, Tennessee, for Amicus Curiae.

Judge(s): LARSEN, READLER, and DAVIS, Circuit Judges

Court Appealed: United States District Court for the Western District of Tennessee at Memphis

CHAD A. READLER, Circuit Judge. While enrolled in pharmacy school, Kimberly Diei was the subject of professionalism complaints regarding her social media posts. Following an investigation, a committee at the school voted to expel Diei. She responded by filing suit under 42 U.S.C. § 1983, primarily asserting violations of the First Amendment. The district court dismissed Diei’s complaint. Because she plausibly alleged a free speech violation, we reverse in part and remand.

dielk_091724.pdf
 

Questions, comments: Email us at TBAToday@tnbar.org

About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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