TBA Law Blog


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Posted by: Julia Wilburn on May 12, 2026

The Tennessee Supreme Court on May 27 will hear oral arguments before an accomplished group of rising high school seniors at the Tennessee American Legion Boys State at Tennessee Technological University in Cookeville. The event is part of the Supreme Court Advancing Legal Education for Students (SCALES) program, which educates students about the Tennessee legal system and the judicial branch. “It is imperative that our young people have the opportunity to see the judicial system in action and up close,” said Chief Justice Jeff Bivins. “We are excited to bring this special session to Tennessee Tech University, where students will be able to observe actual cases argued before the Tennessee Supreme Court.” Participants will observe oral arguments in State of Tennessee v. Brent Paul Moon and Shirley Buckley et al. v. Jackson Radiology Associates, P.A. et al. beginning at 9 a.m. CDT.

On May 28, at 1:30 p.m. CDT at the Tennessee Supreme Court building in Nashville, the court will hear oral arguments in three cases: Jospheen Guirguis et al. v. Metropolitan Government of Nashville and Davison County; Leslie K. Jones v. Tennessee State University; and Mark T. Young, Individually and d/b/a Mark T. Young & Associates v. Bonnie Young Davidson. Both days of oral arguments will be livestreamed on the TNCourts YouTube page.

Posted by: Julia Wilburn on May 12, 2026
News Type: Legal News

Brentwood attorney David Gebhardt on May 8 pleaded guilty to filing false tax returns that failed to report millions of dollars in income from cryptocurrency sales and from his consulting business, according to a press release from the U.S. Attorney's Office for the Middle District of Tennessee. Court documents show that Gebhardt purchased cryptocurrency but used decentralized exchanges and nominees to conceal his income from those investments, did not report the income on his tax returns, falsely indicated that he did not engage in virtual currency transaction, and failed to report all the gross receipts earned by a consulting business he owned. In total, Gebhardt caused a tax loss of more than $550,000 by filing false tax returns for 2018 through 2022. He faces a maximum penalty of six years in federal prison, as well as restitution and monetary penalties.

Posted by: Julia Wilburn on May 8, 2026

Four registered voters and four candidates — including current U.S. Rep. Steve Cohen and state Rep. Justin Pearson, D-Memphis, who is running to challenge Cohen — in the Districts 5, 6 and 9 races on Thursday filed a federal lawsuit in the U.S. District Court for the Middle District of Tennessee, suing the state over the newly drawn congressional map. WKRN reports that the plaintiffs argue the new districts violate the First and 14th Amendments by placing an undue burden on voting rights and political association, and are seeking a permanent injunction to block the maps from taking effect in the 2026 election cycle. This lawsuit is in addition to the NAACP's emergency petition filed in Davidson County Chancery Court. The Tennessee Journal also reports on the developments. The new maps are available for download on the state comptroller's website, showing a detailed street-by-street breakdown of the new districts. The Nashville Banner analyzes 2020 census data and 2024 election results to show changes in racial makeup, density, political makeup and compactness between the previous Congressional map and the new map.

Posted by: Julia Wilburn on May 8, 2026
News Type: Election 2026

Tennessee state Sen. Brent Taylor, R-Eads, announced his candidacy for the newly redrawn 9th Congressional District moments after the Tennessee General Assembly redistricted the seat, which had been held by Democratic Rep. Steve Cohen for nearly two decades. The redistricting, triggered by the U.S. Supreme Court's April 29 ruling in State of Louisiana v. Callais, split Memphis into three districts and created a new 9th that stretches along Tennessee's southern border from Whitehaven to Lynchburg, also picking up the Nashville suburb of Brentwood. Taylor has pushed for federal intervention in Memphis crime and has criticized local officials over prosecution rates. The Commercial Appeal has the story.

Posted by: Julia Wilburn on May 8, 2026
News Type: Legal News

Tony Carruthers, convicted in 1994 for three murders in Tennessee, is scheduled to be executed on May 21, with his attorneys now seeking clemency from Gov. Bill Lee on the grounds of serious trial injustices. WSMV reports that his conviction rested entirely on circumstantial evidence, including testimony from a secretly paid informant who publicly stated before trial that police paid him to testify — which the state later confirmed. The co-defendant, James Montgomery, has since told federal investigators that Carruthers was not involved and that a third party committed the murders, yet untested DNA and non-matching fingerprint evidence has never been fully examined. Two jurors have signed statements saying they would not have voted for the death penalty had they known the then-undisclosed information, and Carruthers reportedly had no legal representation at trial, meaning his execution would be the first of a counsel-denied defendant in over a century. Read more in a statement from the Office of the Federal Public Defender for the Middle District of Tennessee.

Posted by: Julia Wilburn on May 8, 2026
News Type: Correction

An item in yesterday’s issue of TBA Today incorrectly attributed a late-filed petition against the state’s new congressional district map. The emergency petition was filed by the NAACP of Tennessee. In its petition, the group argues that yesterday’s legislation action was illegal because state law prohibits redistricting between U.S. Census apportionments. WSMV has a copy of the filing.

Posted by: Julia Wilburn on May 8, 2026

The next free advice clinic for Black-owned small businesses and nonprofits is set for May 21 from noon to 1 p.m. CDT in Nashville. The clinic, sponsored by the Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. Space is limited, so early registration is recommended. Attorneys should email vlpa@abcnashville.org to volunteer.

Posted by: Julia Wilburn on May 6, 2026

The May/June issue of the Tennessee Bar Journal is now online and arriving in mailboxes soon. This is the annual access to justice-focused issue, and who better to grace the cover but retiring Tennessee Supreme Court Justice Holly Kirby? Justice Kirby has been a staunch advocate for ATJ-related issues across the state, and her longtime friend Linda Warren Seely captures her commitment to this important work and her sense of fairness in this profile. Additionally, Tennessee Alliance for Legal Services Executive Director Laura Brown shares an update on Legal Services Corporation funding. TBA President Heidi Barcus focuses her final president's column on compassion in the legal profession, John Day looks at wrongful death lawsuit outcomes in "Day on Torts" and Ward Phillips and Brandon Morrow unpack remote work and employment disputes. Read about about Mock Trial winners, say farewell to a columnist and much more. Enjoy!

Posted by: Julia Wilburn on May 6, 2026
News Type: Legal News

The Trial Court Vacancy Commission has received four applications for a vacancy in the 1st Judicial District following the appointment of Judge Stacy Street to the Court of Criminal Appeals. The applicants for the criminal court vacancy are: Elizabethton Assistant Public Defender Mark A. Fulks, Blountville Assistant Public Defender Tessa Nichole Lunceford, Unicoi County General Sessions Judge Robert Mitchell Manuel and Jonesborough Assistant District Attorney Lawrence Scott Shults. The public hearing for this position will be held June 4 at 9 a.m. EDT at the George P. Jaynes Justice Center, 108 West Jackson Blvd., Jonesborough 37659. Any member of the public may attend the public hearing and can express, orally or in writing, objections concerning applicant(s) for the judicial vacancy. Contact Assistant General Counsel John Jefferson at the Administrative Office of the Courts (AOC) at John.Jefferson@tncourts.gov or 615-741-2687 with questions. Read more in a press release from the AOC. The 1st Judicial District covers Carter, Johnson, Unicoi and Washington counties.

Posted by: Julia Wilburn on May 6, 2026

The Shelby County Board of Commissioners today nominated by acclamation Willis Lincoln "TJ" Hardaway III to fill his father's seat in Tennessee House District 93. Democratic State Rep. G.A. Hardaway died on April 24. "This could not have been better timing. Last year, I spent various moments one on one with my father, for no other reason other than wanting to know more about the man ... turns out I already knew the man because I already know myself," Hardaway said. The Commercial Appeal reports that the commission moved quickly to fill the seat due to the specially-called legislative session focused on redrawing the state’s congressional map, including the state’s last Democrat-controlled district in Memphis. TJ Hardaway will travel to Nashville tonight to be sworn in.


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