An electrocardiogram monitoring Tennessee inmate Byron Black’s heart showed “sustained cardiac activity” for nearly two minutes after he was pronounced dead from a lethal injection, the Associated Press reports. The comments by his attorney, federal Public Defender Kelley Henry, came in a filing requesting that attorneys for Black and other death row inmates be allowed to depose key people who carry out executions as part of a lawsuit challenging the state’s lethal injection protocol. The state opposes making those individuals available for depositions, arguing it will risk the identities of the execution team. Instead, the state proposed that officials with the Tennessee Department of Correction testify.

President Donald Trump announced last week he is backing the reelection bid of U.S. Rep. Andy Ogles, Axios Nashville reports. Ogles, who won the newly drawn House seat in 2022, is expected to face challengers from the right and left. He also is dealing with a federal campaign finance investigation. Trump posted on social media that Ogles is a "conservative warrior" who is "fighting tirelessly to Grow our Economy, Cut Taxes and Regulations, Promote MADE IN THE U.S.A. and American Energy DOMINANCE, Safeguard our Elections, Keep our now very Secure Border, SECURE, Stop Migrant Crime, Strengthen our Military/Veterans, and Defend our always under siege Second Amendment."

Judge Kenny Armstrong, one of three Black judges among Tennessee’s 24 intermediate appellate judges, will retire from the Court of Appeals in February. The Governor’s Council for Judicial Appointments is accepting applications for his seat through Nov. 5. A Tipton County native and Duke Law graduate, Armstrong previously served in the Air Force Judge Advocate General’s Corps, as a federal prosecutor in Washington, D.C. and as clerk and master of the Shelby County Chancery Court before his 2014 appointment to the appellate bench, The Tennessee Journal reports. Armstrong dissented in a 2-1 decision in June that upheld a state law cutting the size of the Nashville Metro Council in half. He argued that the article in the Tennessee Constitution establishing that county commissions can have no more than 25 members specifically does not apply to merged city-county governments like the one in Nashville, which has 40 members.

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.

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.”

U.S. senators, including Tennessee's Marsha Blackburn, are backing legislation that would fund uninterrupted Supplemental Nutrition Assistance Program (SNAP) benefits through 2026, even if the government shutdown continues. Last week, Gov. Bill Lee said the state will not be able to cover lost federal SNAP benefits. According to Knox News, on Oct. 27 the U.S. Department of Agriculture said it would not use contingency funds to reload beneficiaries’ grocery cards. Last week, Tennessee lawmakers urged Lee to call a special legislative session to address the lack of federal funding during the shutdown as 690,000 Tennesseans are set to lose SNAP or other benefits. 

The TBA and West Tennessee Legal Services (WTLS) will present a free webcast, “Building Better Boards: Ethical Considerations and Dilemmas for Attorneys on Nonprofit Boards,” on Dec. 10 from 11 a.m. to 12:30 p.m. CST. The program will cover ethical boundaries for attorneys serving on boards, questions to consider before joining and real-world conflicts of interest. Panelists include Rita Gibson Rayford with Strategic Legal Advocates, Claudia Williams Hyman with WTLS, Brande Boyd with Butler Snow, Seth Ogden with Patterson Intellectual Property Law, and Harolda Bryson, an attorney for the City of Chattanooga. Registration is free and 1.5 hours of CLE credit is available for a $50 processing fee. Visit the TBA website for more information and to register.

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.

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.

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.