A U.S. appeals court has ruled it is illegal for states to count mail-in ballots received after Election Day. The decision came in a case challenging Mississippi's five-day grace period. While the court did not order immediate changes to the state's procedures, it did call into question mail-in voting practices used in about 20 states, Reuters reports. The ruling from the New Orleans-based U.S. 5th Circuit Court of Appeals leaves it up to a lower court to decide what to do next, but emphasized it is important to preserve the status quo ahead of the Nov. 5 election. The decision applies only to states under the 5th Circuit's jurisdiction.

Tennessee Attorney General Jonathan Skrmetti said in a press release last week that a state lawsuit led to the disclosure of documents revealing U.S. Immigration and Customs Enforcement's (ICE) plans to release thousands of detained migrants, including criminals, into Tennessee. The documents, obtained through a suit after ICE failed to respond to Freedom of Information Act requests, showed that the agency coordinated with local officials and immigration rights groups to facilitate the release. Although the plan to move detainees to Tennessee was halted due to pushback from state officials, more than 7,000 migrants were released from Louisiana facilities, including individuals with criminal histories, according to the Chattanoogan.

Registered Tennesseans have until Thursday to vote early in the state and federal general election, ahead of the Nov. 5 election day. Voters need to bring valid photo identification to the polls when casting their ballot. A driver’s license or photo ID issued by the Tennessee Department of Safety and Homeland Security, Tennessee state government, or the federal government is acceptable even if expired. A student ID or out-of-state driver’s license is not an accepted form of identification. For more information on how to vote early and how to find early voting locations, visit the Tennessee Secretary of State website.

Cleotha Abston, the man authorities charged with abducting and killing Memphis teacher Eliza Fletcher while she was out on a run in 2022, has pleaded guilty. The plea comes after more than two years of criminal litigation and will allow Abston to avoid the death penalty, The Commercial Appeal reports. Shelby County District Attorney Steve Mulroy said Abston now will face life in prison without the possibility of parole. Fletcher's family reacted to the deal, saying, "We accept the outcome that [Eliza's] murderer has pled guilty to all charges, will wake up in prison for the rest of his life and cannot harm anyone else." In May, Abston was sentenced to 80 years in prison for the 2021 rape of Alicia Franklin.

A lawsuit against the Diocese of Nashville, alleging that the institution knew of an employee's predatory behavior but failed to act, will proceed after a judge denied a motion for summary judgment, the Nashville Banner reports. The lawsuit claims the diocese was aware as early as 2008 that a religious studies director posed a risk to young girls. Despite this knowledge, the suit continues, the employee was allowed to continue working, eventually abusing a 13-year-old student. The plaintiff says she did not become aware of the connection between the abuse and her subsequent emotional distress until 2019. Under Tennessee law, survivors of childhood sexual abuse have three years from the moment they discover they were abused to take civil action. In May, the diocese filed a motion for summary judgment arguing the statute of limitations had run. The court found that a jury could reasonably find that the statute had not run out.

The Tennessee Department of Agriculture recently introduced new permanent rules for hemp and hemp-derived cannabinoid (HDC) products, as well as for hemp producers and retailers. Among the changes are regulations limiting the retail sale of THCA, or tetrahydrocannabinolic acid products, reported as the most popular products sold in the state. The Tennessean reports that the changes have some hemp advocates worried that the rules will have harmful effects on the current hemp market and consumers. In 2023, Gov. Bill Lee signed Tennessee's first bill regulating hemp-derived cannabinoids into law and directing the department to establish formal rules and a process for enforcing them. The permanent regulations will go into effect on Dec. 26.

In recognition of Celebrate Pro Bono Month, Nashville lawyer and TBA Young Lawyers Division Board member Alix Rogers writes in a recent piece about how pro bono work not only helps those in need but also can be a valuable tool for professional growth. In "The Professional Power of Pro Bono: Building Skills, Networks and Purpose," Rogers reflects on her own experience and well as those gleaned from working with law students to outline the ways pro bono work can build critical skills and connections. Rogers is director of career and professional development at Belmont University College of Law. She serves on the TBA's Access to Justice Committee as well as Middle Tennessee Governor on the YLD Board. For many years, she also has coordinated the YLD's pro bono activities.

TBA’s 2024 Local Government Forum will take place this Friday, Nov. 1, as a live virtual event. It will start at 9 a.m. and run until 1 p.m. CDT. This year’s forum will feature sessions on parliamentary procedures, local sustainability measures and the ethics of who government attorneys actually represent. Other topics will include parliamentary procedures, First Amendment cases, local sustainability measures and the Tennessee Public Records Act. For more information and to register, visit TBA's website.

The Legal Aid of East Tennessee (LAET) intake/interview session set for tomorrow in Dunlap will take place from 11 a.m. to 1 p.m. CDT. The article that ran in Friday’s issue of TBA Today indicated the incorrect time zone. For more information about the event, please call the LAET office in Chattanooga at 423-756-4013.

The TBA Environmental Law Forum will take place Nov. 15 in the Nashville office of Butler Snow. This staple for Tennessee environmental lawyers features government, in-house and private practice attorneys discussing timely topics affecting the practice area. Sessions at this year’s event include endangered species litigation, underground storage tanks, drinking water, Chevron, ethics and more. Do not miss this opportunity to earn CLE while networking with colleagues from across the state. Register now.