U.S. Bankruptcy Court Judge Jennie Latta ruled that Performa Entertainment Real Estate Inc., which has managed and developed city-owned properties since the renovated Beale Street Entertainment District opened in 1983, is not in default of its sublease with the Beale Street Development Corp. With the ruling, Performa can now reassign its lease to the city of Memphis. The Memphis Daily News has the story.

Former Bass Berry & Sims partner Matt Curley has returned to the firm following a two-year stint in the U.S Attorney’s Office for the Middle District of Tennessee, the Nashville Post reports. A graduate of Vanderbilt University School of Law, Curley served as an assistant U.S. attorney and chief of the local office’s civil division. At Bass, he will again be a partner in the firm’s compliance and government investigations practice group.

Shelby County lawyer Michael E. Latimore was publicly censured by the Tennessee Supreme Court for not communicating effectively with his client, diligently representing his client’s interest,  informing his client that his license to practice law had been suspended, or not issuing an appropriate refund. Download the BPR notice.

State probation and parole officers will be making random visits to the homes of registered sex offenders as part of the Department of Correction’s “Operation Blackout” to ensure they are not participating in Halloween trick-or-treating, the Tennessean reports. Offenders are required to remain in their homes between 5 p.m. and 5 a.m., and they can’t open their doors to trick-or-treaters, display decorations, or dress in costumes. A federal judge upheld similar provisions in California, but struck down a ruling requiring offenders to display “No candy or treats at this residence” signs on their front doors, citing a violation of the First Amendment.

Former MTSU student Shanterrica Madden, who was convicted in May of second-degree murder and tampering with evidence in the killing of her college roommate, will ask a higher court for a new trial after Circuit Court Judge Don Ash denied her request Monday afternoon. Madden’s attorney Joe Brandon argued that the first trial was unfair, her 25 year sentence was too harsh, and her rights were infringed upon when the judge allowed jurors to ask witnesses questions. Brandon says they will be filing a brief with the appeals court within 30 days and plans to take the case to the Supreme Court if necessary. Read more at the Tennessean.

An Arkansas judge ruled that evidence collected from the high-profile 1993 murders of three Cub Scouts cannot be released to the victims’ parents, Knox News reports. The lawsuit seeking access to evidence comes in the wake of the release of the three men convicted of the murders known as the West Memphis Three, who were released last year after years of questions about the case. Lawyers for the victims’ parents said they would not appeal right now due to another hearing on the common law rights.

In celebration of the 75th anniversary of the Tennessee Supreme Court building in Nashville, original handwritten versions of the three state constitutions will be on public display for the first time Dec. 6-8 and 10. The celebration also includes the opening of the Tennessee Judiciary Museum and a Judicial Family Reunion of all employees who have worked in the building on Dec. 5. Constructed in 1937, the building houses offices for the Supreme Court, Court of Appeals, and Criminal Court of Appeals for the Middle Section of Tennessee. Read more at TNCourts.gov.

Former University of Tennessee and NFL wide receiver Cedrick Wilson has been indicted in an alleged test-taking fraud scheme, KnoxNews reports. The U.S. attorney’s office for West Memphis said Wilson had someone take two physical education exams for him. The test-taker was part of a ring of people who fraudulently took certification exams for teachers throughout Tennessee, Arkansas, and Mississippi. Wilson has been charged with wire fraud and Social Security fraud.

The University of Tennessee College of Law Pro Bono program hosted its second annual Pro Bono Carnival to help fund travel for students wishing to participate in Alternative Spring Break pro bono activities, providing much needed access to justice to the underserved. The carnival included food for sale, a silent auction, and the opportunity for students, faculty and staff to bid for the chance to pie their favorite professor. View video and pictures from the event.

It is hard for me to believe that Halloween is already here. This year is flying by! I can’t wait for you to meet Brittany, the new TBALL Coordinator, who has jumped in with both feet to get the year rocking. We are busy working on our alumni receptions as well as our second annual TBALL Alumni Retreat (TBALL2). More details are included in this newsletter. I hope each of you will make every effort to attend. While we have a new location, there are no changes planned to the hospitality suite!

Over the last couple of years, I feel blessed to have been involved in the Alumni organization. It has enabled me to stay in touch with my TBALL classmates and to meet new TBALL friends. We are very privileged to be a part of such a small and extraordinary group of lawyers. I encourage each of you to find time to engage in this group. If you have comments or suggestions on programming or ways that we can be meaningful to you and your practice, please do not hesitate to email them my way nancy.stabell@affiniongroup.com.

Best regards,
NWS