The 2024 Corporate Counsel Pro Bono Initiative (CCPBI) Gala will be held Saturday evening at the Nashville office of Bass, Berry & Sims, located at the Pinnacle at Symphony Place. The event will be a cocktail supper, with live music and a brief presentation, including awarding the inaugural Branham Grants. The CCPBI, a partnership between the TBA Access to Justice Committee, TBA Corporate Counsel Section and the Tennessee Chapter of the Association of Corporate Counsel, established the grants in honor of long-time access to justice champion Andy Branham, who died in 2022. The Branham Grants support pro bono projects designed to provide civil legal resources and support for people with, affected by, or at risk for addiction in Tennessee, as well as those in recovery. Individual tickets may be purchased here. See photos from last year's event. 

Nashville Chancellor I’Ashea Myles started hearing arguments this week from lawyers hoping to have records related to the mass shooting at The Covenant School released to the public. The hearing, which is expected to last into Wednesday, will determine whether some records are released. The Tennessean reports that the key to the case is whether to apply a state rule exempting records that are part of a "pending or contemplated criminal action" from release. Lawyers on different sides of the case differed on the application of the rule given the current status of the police investigation of the shooting.

THAPAR, Circuit Judge. Travis Lester was convicted of possessing a firearm as a felon. On appeal, Lester claims that Miranda and Fourth Amendment violations, evidentiary errors, and sentencing mistakes entitle him to a do-over. We disagree and affirm.

Memphis Area Legal Services (MALS) is losing its largest source of funding, effective June 30. According to the Daily Memphian, the congressionally funded Legal Services Corporation sent a letter to MALS Board Chair Brian Heim on April 5, stating that MALS had failed to improve operations and had not engaged in best practices to effectively provide legal services. Heim responded to the news saying, “MALS is assessing that funding decision’s impact on our ongoing operations. We are assessing the opportunities to convince LSC to reverse their decision.” The funding — roughly $1.7 million — will be turned over to West Tennessee Legal Services (WTLS), which is based in Jackson. That office is preparing to take over operations July 1.

ALICE M. BATCHELDER, Circuit Judge. Petitioner Carl Hubbard was convicted of first-degree murder in Michigan state court on September 2, 1992. Over two decades later (and long after 28 U.S.C. § 2244’s one-year limitation period had expired), Hubbard filed a petition for a writ of habeas corpus in the United States District Court for the Eastern District of Michigan. The district court dismissed the petition as untimely. Hubbard now appeals, arguing that he is entitled to an equitable exception to the Antiterrorism and Effective Death Penalty Act of 1996’s (AEDPA) time bar based on a credible showing of actual innocence. See McQuiggin v. Perkins, 569 U.S. 383, 386 (2013). While Hubbard presents new evidence that impeaches the State’s case against him, he fails to present evidence affirmatively demonstrating his actual innocence; he cannot prove that he did not, in fact, commit murder. Accordingly, AEDPA does not permit him to file an untimely habeas petition. We affirm.

The Petitioner, Carlos Stokes, appeals the Shelby County Criminal Court’s summary dismissal of his petition for a writ of error coram nobis from his convictions for first degree murder, conspiracy to commit first degree murder, reckless endangerment, two counts of attempted first degree murder, and two counts of employing a firearm during the commission of a dangerous felony, for which he received a sentence of life imprisonment plus fifty-four years. He contends that he is entitled to equitable tolling of the statute of limitations and requests that this court appoint a special judge to preside over this case on remand. We conclude that the Petitioner is entitled to due process tolling of the statute of limitations. As a result, the judgment of the coram nobis court is reversed, and the case is remanded to the court for an evidentiary hearing on the merits of the petition. We decline to appoint a special judge for subsequent proceedings.

The Tennessee State Legislature on Monday unanimously passed a bill that would involuntarily commit certain criminal defendants for inpatient treatment and temporarily remove their gun rights if they are ruled incompetent to stand trial due to intellectual disability or mental illness. Named for Belmont University student Jillian Ludwig, who was killed in November after she was hit by a stray bullet while walking near campus in Nashville, "Jillian's Law" requirements would kick in for defendants charged with felonies or class A misdemeanors. The Associated Press reports that the person would remain committed until they are deemed competent to stand trial, or until the court approves a mandatory outpatient treatment plan that accounts for the community’s safety. The bill now heads to Gov. Bill Lee.

Four candidates have applied to run for the Shelby County Criminal Court Division 9 judgeship formerly held by Melissa Boyd. If the state legislature does not move the seat elsewhere, the following candidates will appear on the Aug. 1 ballot: Jahari Dowdy, an attorney with 20 years of experience in criminal defense and Shelby County Juvenile Court representation; Michael Floyd, an attorney who was appointed special judge to Memphis City Court in 2005; Shelby County District Attorney First Deputy Chris Lareau; and Joe Ozment, a criminal defense attorney with 32 years of experience. The Daily Memphian has more.

Gov. Bill Lee has joined five other Southern governors in issuing a joint statement opposing the United Auto Workers’ (UAW) unionization campaign. The statement comes days before votes will be cast in a unionization effort at the Volkswagen plant in Chattanooga. The Tennessean reports that the election is being watched as a sign for whether unions can gain ground in the South, a region that has long resisted organized labor and in recent years has attracted both American and foreign car manufacturers.

The cabinets delivered from a Turkish company for a Tennessee construction project did not meet United States formaldehyde standards and could not be used as they were. The construction management company filed an insurance claim. The insurance company denied the claim and the construction management company sued. The trial court found for the construction management company and the insurance company appealed. We have determined that the trial court’s order was not final and, therefore, dismiss the appeal and remand the matter for further consideration.