TBA Law Blog


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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: Azya Thornton on May 8, 2026
News Type: Election 2026

Voter turnout in Shelby County’s first election of 2026 reached 16%, with 89,848 of the county’s 577,527 registered voters casting ballots through early voting, absentee voting or on Election Day, according to the Daily Memphian. While turnout was not high, it exceeded expectations and surpassed turnout in similar recent election cycles, including 11% in 2022 and 13.8% in 2018. Election officials said a break in the rain on May 5 likely contributed to increased voter traffic later in the day. The county’s partisan primary elections historically have low turnout, with the highest turnout since 1992 reaching 18% in 2002.

Posted by: Azya Thornton on May 8, 2026
News Type: TBA CLE

The TBA will host its 2026 Animal Law Forum on Oct. 9 at the Nashville Zoo. The program will feature updates on trends and developments in animal law while offering attendees opportunities to network and enjoy zoo activities. Breakfast, lunch and zoo admission are included with registration. Speakers include Nashville attorney Jessica Schultz, chair of the TBA’s Animal Law Section, and Dr. Robert Simpson of the Louisiana State University School of Veterinary Medicine. More information is available on the TBA website.

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: Stacey Shrader Joslin on May 7, 2026

Tennessee lawmakers passed a new congressional map today, the Daily Memphian reports. The House approved the new map on a 65-24 vote with three present and not voting. The Senate passed the proposal 25-5. The governor signed HB7003/SB7004 today as well. House Speaker Cameron Sexton, R-Crossville, and Majority Leader William Lamberth, R-Portland, said the new map “was drawn based on population and politics,” according to the Nashville Banner. Multiple individuals and entities have indicated they will sue, including the American Civil Liberties Union, the NAACP of Tennessee — which did file an emergency petition today — and current District 9 Rep. Steve Cohen. The Daily Memphian and Commercial Appeal report on those efforts.

The legislature also passed HB7001/SB7001 with an amendment to set a new filing deadline of May 15 and giving political parties until May 17 to decide whether candidates are qualified to run. Candidates who already qualified under the March 10 deadline do not need to requalify if they run in the same numbered district even if that district has been redrawn. It also passed HB7002/SB7002 to repeal a 1972 state law that prohibited congressional redistricting in between decennial census cycles. The governor signed both of those bills today.

The new map will affect multiple districts, as summarized below.

  • District 4, currently represented by Republican Rep. Scott Desjarlais of rural Marion County, would cover the area southeast of Nashville, including Rutherford County, but also pick up a slice of Antioch in Davidson County according to Axios.
  • District 5 would no longer include Davidson County but would be reshaped into a sprawling district from the southwest corner of the state in Shelby County all the way to the Kentucky border in the north and then back down into suburban counties south of Nashville. The change means that the district’s incumbent Republican Rep. Andy Ogles no longer would face Democrat Chaz Molder, who would have to run for District 9 if he wants to continue representing his hometown of Columbia, according to the Tennessean. Other parts of Nashville would be divided between two districts, according to Axios.
  • The 6th District, represented by Republican Rep. John Rose, would take in a portion of Davidson County and reach into small portions of Sumner County, while the 7th District, currently represented by Republican Rep. Matt Van Epps, would include the bulk of Davidson County.
  • The 8th District, currently held by Republican Rep. David Kustoff, would take in the northeastern portion of Shelby County, including Memphis suburbs, and run across rural West Tennessee counties such as Haywood and Madison, ending in Perry County in Middle Tennessee, according to Memphis Flyer.
  • The 9th District, which currently includes Memphis and part of Tipton County and is represented by Democratic Rep. Steve Cohen, would run across southern Shelby County along the state’s southern border, taking in the eastern part of Maury and Williamson counties, as well as Moore County, according to Memphis Flyer.
Posted by: Azya Thornton on May 7, 2026
News Type: Legal News

The Trial Court Vacancy Commission sent one application to the governor to fill a vacancy in the 26th Judicial District Chancery Court, which covers Chester, Henderson and Madison counties. The commission began accepting applications for the vacancy April 21. After the May 6 deadline, only one candidate — Jennifer C. Covellis of Jackson — had applied, leaving the commission unable to provide the governor with the names of three qualified candidates as required by state law. Under state code, the governor may fill the vacancy with any person qualified to serve as a chancery court judge in the district. The vacancy was created when Judge Steven W. Maroney was elevated to the appellate bench.

Posted by: Azya Thornton on May 7, 2026
News Type: Legal News

Knox County Schools is appealing a ruling that found the district violated the rights of a middle school student with autism under the federal Individuals with Disabilities Education Act (IDEA), according to the Knox News. The dispute centers on whether the student should remain at Farragut Middle School or be transferred to Ridgedale Alternative School for additional support. An administrative law judge ruled the district failed to provide the student with a free and appropriate public education, did not adequately address communication needs and violated disability protections by showing “deliberate indifference” to those needs. Court filings also reveal the student was physically restrained dozens of times during the school year. The case is now before the U.S. District Court for the Eastern District of Tennessee.

Posted by: Azya Thornton on May 7, 2026
News Type: U.S. Supreme Court

U.S. Supreme Court Justice Neil Gorsuch expressed concern Sunday about ongoing leaks of the court’s internal deliberations, saying the justices need space for “candid conversations” as they consider cases, Reuters reports. Speaking on “Fox News Sunday,” Gorsuch said transparency is important but argued the court also must preserve private discussions that allow justices to work toward agreement. His comments follow a recent New York Times report detailing leaked memos related to the court’s 2016 action blocking former President Barack Obama’s Clean Power Plan. On the issue of public access to the court, Gorsuch pointed to the court’s live audio of oral arguments as an example of transparency and said the public can evaluate justices' views through the court’s written opinions.

Posted by: Azya Thornton on May 7, 2026
News Type: Legal News

The Shelby County Commission will fund a lawsuit over a new state law taking authority over Tennessee's largest school district. During a meeting on May 4, a resolution from Commissioners Mickell Lowery and Matthew Szalaj to give $200,000 from the county’s general fund to Memphis-Shelby County Schools (MSCS) was approved on an 8-3 vote. The county chose to fund the lawsuit due to MSCS not being able to, the Commercial Appeal reports. The district already passed a resolution that allows MSCS to hire an attorney to challenge the legislation, but a new state law bars school districts from using public dollars to fight state accountability efforts. That prohibition was signed into law on April 21, the same day MSCS voted to hire legal representation to challenge the takeover.


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