TBA Law Blog


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Posted by: Azya Thornton on Oct 27, 2025
News Type: Legal News

The Tennessee Court of Criminal Appeals has upheld Cleotha Abston’s 2024 conviction for raping Memphis woman Alicia Franklin in 2021, The Daily Memphian reports. Abston, who also pleaded guilty to the 2022 murder of schoolteacher Eliza Fletcher, was sentenced to 80 years in prison for the rape. His attorney had appealed, arguing the trial judge erred by allowing the jury to see a photo of the gun Abston used, which was recovered a year later. Judge Steven Sword, writing for the court, said the gun was relevant because each charge required Abston to have a firearm at the time of the crime. Read the appellate court opinion.

Posted by: Azya Thornton on Oct 27, 2025
News Type: Legal News

8th Circuit Judge Duane Benton will step back from active service, giving President Donald Trump the opportunity to fill another seat on the federal appeals court. He appointed four judges to the court during his first term. Benton notified the White House in an Oct. 24 letter of his plans to take senior status once a successor is confirmed, Bloomberg Law reports. He said he plans “to continue to render substantial judicial service as a senior judge.”

Posted by: Azya Thornton on Oct 27, 2025
News Type: Legal News

Four Black staff members of Fayette County Public Schools have filed a lawsuit against the board of education and county over alleged discrimination. The lawsuit was filed last week in the U.S. District Court for the Western District of Tennessee. According to the Commercial Appeal, the lawsuit claims that Black staff members were subjected to adverse employment actions, including demotions and salary reductions, while non-Black employees would not endure similar adverse employment actions. The four plaintiffs request a jury trial and are seeking reinstatement to their former positions, along with compensatory damages for lost wages.

Posted by: Azya Thornton on Oct 27, 2025

The Nashville office of Bass, Berry & Sims is partnering with the Legal Aid Society of Middle Tennessee and the Cumberlands (LAS) on a project to expand legal access and promote community investment in South Nashville. The initiative, focused on the Napier-Sudekum area and the 37210 ZIP code — which includes the Glencliff and Woodbine neighborhoods — was launched through a financial gift from the law firm’s leadership cabinet to LAS. Support will be offered through clinics scheduled for the first Thursday of every month. The first clinic will be held Dec. 4 from 10 a.m. to noon CST at the Nashville Public Library’s Pruitt Branch, 117 Charles E Davis Blvd, Nashville 37210. Read more in a press release from the firm.

Posted by: Azya Thornton on Oct 27, 2025
News Type: Legal News

Mediation in Shelby County Clerk Wanda Halbert's ouster case has ended, the Commercial Appeal reports. A notice filed Oct. 21 by former federal Judge Bernice Donald was brief and said one of the parties withdrew from the voluntary mediation. It did not say who had withdrawn. A notice that mediation was underway was filed Oct. 10 and was scheduled for Oct. 30. Both parties agreed to join in the mediation and the Tennessee Court of Appeals agreed to put its ruling on hold pending the outcome of that mediation. Halbert's term as clerk ends in fall 2026. She is term-limited and cannot run for the office this upcoming election cycle. The first ouster attempt was dismissed because the appointed special attorney does not live in the jurisdiction where Halbert was elected. A second ouster petition was dismissed by Shelby County Circuit Court Judge Felicia Corbin-Johnson in 2024, but an appeal was later filed in January this year.

Posted by: Laura Labenberg on Oct 27, 2025
News Type: Legal News

The TBA Young Lawyers Division (YLD) is now accepting applications for its Diversity Leadership Institute (DLI) Class of 2026. DLI is a six-month leadership, professional development and networking program for all Tennessee law students in their second, third or fourth years of study. There are no costs to participate in the DLI program. Class size is limited to 8-10 students selected from across the state. Learn more about the program. The application deadline is 5 p.m. CDT on Nov. 2. There will be a mandatory Zoom meeting on Nov. 5 at 5:30 p.m. CST for all applicants. All are encouraged to apply. This year's DLI coordinators are TBA YLD Board Members Morgan Hanna and John Murphy.

Posted by: Azya Thornton on Oct 24, 2025
News Type: Legal News

Existing hemp businesses in Tennessee will have more time to operate under current rules and temporarily avoid a new law banning the sale of THCA products and changing state regulations. According to WBIR, the Tennessee Healthy Alternatives Association (THAA) and the Tennessee Alcoholic Beverage Commission (TABC) reached an agreement allowing businesses with hemp-derived cannabinoid licenses issued on or before Dec. 31 to continue operating under the state’s 2023 law until their licenses expire. The agreement gives suppliers and retailers more time to adjust before new regulations take effect. Beginning Jan. 1, 2026, a law passed earlier this year will place oversight of hemp-derived products under the TABC and effectively ban THCA sales. The new law establishes a three-tier system—similar to the alcohol industry—dividing the market into suppliers, wholesalers and retailers. The agreement followed a petition by THAA seeking clarity on how the new law would affect existing license holders. All hemp-derived cannabinoid licenses issued on or after July 1 will expire on June 30, 2026.

Posted by: Azya Thornton on Oct 24, 2025

Tennessee lawmakers are calling for a special legislative session to address a lack of federal funding as the federal shutdown enters its 23rd day. With around 690,000 Tennesseans poised to lose Supplemental Nutrition Assistance Program (SNAP) or other benefits if the shutdown continues into November, lawmakers are asking Gov. Bill Lee to intervene, according to the Nashville Banner newsletter. “Standing idly by while children go hungry is simply not an option. The time to act is now,” Caucus Chair Rep. John Ray Clemmons, D-Nashville, said in a release Thursday. In the statement, the caucus noted that the governor has called numerous special sessions in his two terms, including earlier this year to approve storm relief for approximately 10,000 people impacted by Hurricane Helene in East Tennessee. The Tennessee Department of Health and Human Services warned earlier this week that funding for programs like SNAP will not be available next month if the shutdown continues into November. 

Posted by: Azya Thornton on Oct 24, 2025
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti, joined by attorneys general from 24 other states, filed an amicus brief with the U.S. Supreme Court on today urging the court to clarify that the 14th Amendment’s Citizenship Clause does not guarantee automatic citizenship to everyone born in the United States. The states argue that lower courts have misinterpreted the clause to require automatic citizenship for anyone born on U.S. soil, regardless of their parents’ residency or immigration status. “The idea that citizenship is guaranteed to everyone born in the United States doesn’t square with the plain language of the 14th Amendment or the way many government officials and legal analysts understood the law when it was adopted after the Civil War,” Skrmetti said in a press release.

Posted by: Azya Thornton on Oct 24, 2025

Former state Rep. Robin Smith on Friday morning was sentenced to serve eight months in federal prison and a $7,500 fine for her leading part in what was termed "a lengthy conspiracy to cheat the state," The Chattanoogan reports. Smith, a former Republican lawmaker from Hixson, pleaded guilty to honest services wire fraud in connection with a kickback scheme involving former House Speaker Glen Casada and his top aide, Cade Cothren. Prosecutors said the group used a fake company, Phoenix Solutions, to profit from state-funded mailer contracts. Smith, who testified against her co-defendants, will be on probation for a year after the sentence is served and is scheduled to report to prison Jan. 5.


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