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Posted by: Karen Belcher on Aug 21, 2020

CLAY, Circuit Judge. This 42 U.S.C. § 1983 action arises from a criminal investigation of Plaintiffs for a fire that occurred at their restaurant in Westland, Michigan. In Case No. 19-1882, Defendants John Adams and Michael Reddy Jr. appeal the district court’s denial of their motion to dismiss Plaintiffs’ civil conspiracy claim on qualified immunity grounds. In Case No. 19-1870, Defendant Michael Reddy Sr. appeals the district court’s denial of his motion to dismiss Plaintiffs’ civil conspiracy claim for failure to state a claim on which relief can be granted. And in Case No. 19-1857, Defendant Richard Sanchez appeals the district court’s denial of his motion to dismiss Plaintiffs’ Fourth Amendment unlawful search and seizure claim on qualified immunity grounds. For the reasons that follow, we dismiss Reddy Sr.’s appeal for lack of jurisdiction and affirm the district court’s order with respect to the other Defendants.

Posted by: Tanja Trezise on Jul 29, 2020

The Defendant, Yancey Lee Williams II, was convicted by a jury of first degree premeditated murder, for which he received a sentence of life imprisonment. On appeal, the Defendant argues that (1) there was insufficient evidence to support his conviction, specifically, challenging the element of premeditation; (2) the trial court erred by finding that he was engaged in unlawful activity and thereby omitting the “no duty to retreat” language from the self-defense instruction; (3) the prosecutor made improper and inflammatory comments regarding religion and race during closing arguments; and (4) plain error occurred when the State failed to provide pretrial documentation of a witness’s statement to law enforcement despite an order being in place directing such disclosure. After a thorough review of the record, we affirm the judgment of the trial court.

Posted by: Wade Davies on Jul 1, 2020

In Tennessee, is there ever a time when a prosecutor would not be allowed to dismiss a case after indictment? Politics aside, the controversy over the United States Department of Justice’s motion to dismiss the case against Michael Flynn presents important issues regarding the scope of authority between prosecutors and courts.

 
Posted by: Julia Wilburn on May 7, 2024

The annual Robert Ballow Excellence in Writing Awards were presented to Nashville School of Law (NSL) 4L students in April. Seven students were recognized for their performance in the Rigorous Writing Exercise (RWE) program. The RWE is a project all NSL students embark on as a requirement of graduation. Working with a volunteer mentor from the legal community, students research and write a 15-20 page paper on the topic of their choice. See the list of winners and read their work.

Posted by: Julia Wilburn on May 7, 2024

University of Memphis School of Law Professor Jennifer Brobst is featured on the school's newest episode of the podcast Show Cause. The episode focuses on space tourism, the massive and rapidly growing space industry, and ways to protect and preserve the natural and cultural heritage of space. Listen here or find the episode wherever you get your podcasts.

Posted by: Julia Wilburn on May 7, 2024

The University of Tennessee at Knoxville (UT) and pro-Palestine demonstrators are on either side of a First Amendment debate. The Knoxville News Sentinel reports that UT administrators have reminded demonstrators about a Tennessee law banning late-night camping on state property, a measure enacted by the legislature in the wake of the George Floyd protests to limit the scope of long-term demonstrations. Demonstrators have called their gatherings “spontaneous study sessions," in part a strategy to overcome restrictions on their activities. "We believe we have the right to free speech, the right to address grievances peacefully," Palestinian student demonstrator Hasan Atatrah recently said. "And we believe that right exists even at nighttime."

Posted by: Julia Wilburn on May 7, 2024

Gov. Bill Lee earlier this year ended an expedited clemency program for those sentenced under a previous version of the state's drug-free school zone law. The change was posted to the Tennessee Department of Corrections' website sometime after the program was ended in January, but reportedly was not publicly announced. According to the Tennessean, under the old law, those convicted of a drug crime within 1,000 feet of a school, library, park, day-care center or recreational center were subject to mandatory minimum sentences even for first-time drug offenses. The Tennessee General Assembly changed the law in September 2020 to reduce the radius of a "school zone" to 500 feet. Ending the program means offenders convicted under the old law, and sentenced to longer prison terms than they would be today, have lost what may have been the most viable option to adjust their sentences.

Posted by: Julia Wilburn on May 7, 2024

The Shelby County Criminal Justice Center has failed two inspections in the last six years conducted by the Tennessee Corrections Institute. Action News 5 reports that inspectors noted noticeable deterioration of the facility and buildings with outdated doors, locks, showers and security systems. Inspectors also repeatedly noted the need for more staff. In a 2019 failed inspection report, the inspector stated the building was outdated, more signs of wear were seen than before and the maintenance department could not keep up because there were so many issues.

Posted by: Julia Wilburn on May 7, 2024

Gov. Bill Lee toured the Birthplace of Country Music Museum in Bristol while celebrating a new law meant to protect the state’s musicians. WJHL reports that Lee said places like the museum embody why the law is important. Lee and his wife Maria were given a quick tour of the museum on their visit. Both were shown and listened to how technology was used to document the rich musical heritage of the region. “It’s a reminder to us, part of what made Bristol the city that it is and what made Tennessee the state of music that it is, are the artists themselves,” Lee said. The ELVIS Act is the first-in-the-nation law that seeks to block the use of artificial intelligence to copy a performer’s voice without legal permission. Lee signed the bill into law in March.

Posted by: Julia Wilburn on May 7, 2024

The May/June Tennessee Bar Journal, the annual Access to Justice (ATJ) focused issue, is now available online and arriving in mailboxes this week! This issue's cover story focuses on the need for fee increases for indigent representation in Tennessee courts, and highlights attorneys' testimony before two legislative committees. The TBA's Public Service Award winners are profiled, and Russell Fowler gives readers a glimpse into the pro bono-focused life of Saint Ives. Columns include John Day's digest of tort cases before the Tennessee Supreme Court and Eddy Smith's look at mortality and the relief that comes with knowing your affairs are in order. In addition, Jim Barry's final President's Perspective column looks back at a year of transitions for TBA, and The Legal Life is full of ATJ news and updates on TBA ATJ initiatives.


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