After a state investigation found Nashville District Attorney (DA) Glenn Funk's office secretly recorded criminal defense attorneys, office employees and visitors, a special prosecutor has been appointed to handle a 24-year-old murder case. Robert Nash, DA for Montgomery and Robertson counties, will take over the case of Calvin Atchison from Funk's office. The Tennessean reports that in October, Judge Cynthia Chappell postponed the trial for Atchison, who is accused of killing a North Nashville woman in 2000. Atchison's defense attorney Ben Powers had asked Chappell to disqualify the Nashville DA's office from prosecuting the case because Powers and a private investigator were pictured in the state's audit report about the situation. State investigators also found an audio recording of the two as they worked in the Funk's office.

The TBA has released the December episode of its BarBuzz podcast. "A Discussion on Health and Wellness for Lawyers During the Holidays" features Brad Bald from Lifestyle Communities and Lauren Castor from the Tennessee Lawyers Assistance Program (TLAP) and focuses on the importance of mental health and wellness for attorneys during the holiday season. Bald and Castor share insights on upcoming programs and resources offered by the TBA Attorney Well Being Committee and TLAP, while also discussing their personal strategies for prioritizing well-being during the busy holidays. The conversation also emphasizes the need for legal professionals to take advantage of available resources and support each other to maintain mental health during this time of year. BarBuzz is a monthly show that recaps legal happenings from across Tennessee, upcoming events at the bar, attorney shout outs and more. It is available on the TBA’s website or wherever you listen to podcasts. Find past episodes at the BarBuzz archive.

Eugene W. Ward, Nashville attorney and husband of Grand Ole Opry star Jeannie Seely, died Dec. 13 at age 92. He received his undergraduate degree from Lincoln Memorial University in 1956 and his law degree from the University of Tennessee College of Law in 1959. Ward practiced law in Morristown for two years before being appointed to assistant general counsel at the Tennessee Public Service Commission. He later served as general counsel, and then in 1986, moved to Nashville Electric Service (NES). He retired in 2011 as general counsel and vice president. Ward was a member of the Nashville and Tennessee Bar Associations, as well as the American and the Tennessee Valley Public Power Associations and the Tennessee Municipal Electric Power Association. Services will take place at Spring Hill Funeral Home and Cemetery, 5110 Gallatin Pk., Nashville 37216 on Dec. 19. Visitation will begin at 11 a.m. CST with a celebration of life at 1 p.m. The family requests that memorial donations be made to Shriner's Hospital for Children or the Opry Trust Fund.

The TBA has announced the selection of 35 attorneys from across the state for its 2025 Leadership Law (TBALL) program. Now in its 22nd year, Leadership Law is designed to equip Tennessee lawyers with the vision, knowledge and skills necessary to serve as leaders in their profession and local communities. The class will meet for its first session in January and spend the next six months learning about leadership in the legal profession, issues in the courts, policymaking in state government and the importance of community service. Read more about the new class members.

The TBA Young Lawyers Division's Mock Trial Committee is seeking sitting judges and attorneys to serve as volunteers at the 2025 Tennessee State High School Mock Trial Competition, which will take place March 21-22, 2025, in Nashville. The 2025 case material was released in December and district mock trial competitions will take place in February. Teams will argue the civil case of Lee Jasper v. Reece Witherfork, which takes place at a rodeo. Teams prevailing at the district level will advance to the state competition. The problem, rules and other competition information can be found on the TBA website. Those interested in helping at the state competition should indicate availability on this form. This year also marks the inaugural Artist in the Courtroom Competition, which invites student artists to interpret mock trial courtroom scenes during the district competition. The top three entries will be announced at the state competiton award ceremony. The top student artist will join the state championship team in representing Tennessee at the National High School Mock Trial Championship in Phoenix, Arizona, on May 8-10, 2025.

The Tennessee Supreme Court has adopted amendments to Rule 54. The court noted that the changes were requested by the Administrative Office of the Courts. The rules will take effect immediately. View the red-line changes to the rule in the court’s order.

The Tennessee Supreme Court has adopted amendments to the Rules of Appellate Procedure and the Rules of Civil Procedure, which now are subject to legislative consideration. If approved by the General Assembly, the rules will take effect on July 1, 2025.

The Tennessee Supreme Court immediately suspended Hamilton County lawyer Alan Christopher Norton from the practice of law until further order. The court took the action after it found that Norton posed a threat of substantial harm to the public. The suspension will remain in effect until dissolution or modification by the court. Previous reporting indicated that Norton was charged with forgery after an investigation found he allegedly forged a judge's signature on court documents.

BLOOMEKATZ, Circuit Judge. A grand jury indicted Jaylin Morton for possessing a firearm as a felon. See 18 U.S.C. § 922(g)(1). Morton moved to dismiss the indictment, arguing that the prosecution violated his Second Amendment rights. The district court denied his motion, and Morton conditionally pleaded guilty. Morton now appeals the district court’s denial of his motion to dismiss. Because Morton’s criminal history demonstrates dangerousness, his conviction is consistent with the Second Amendment as interpreted in this court’s recent decision in United States v. Williams, 113 F.4th 637 (6th Cir. 2024). We affirm.

KAREN NELSON MOORE, Circuit Judge. This case raises familiar issues. Randell Shepherd, a career coal miner, brought a claim for benefits under the Black Lung Benefits Act and invoked the Act’s presumption that—because he had mined for over fifteen years and was totally disabled by a combination of chronic obstructive pulmonary disease (“COPD”), bronchitis, and emphysema—he was entitled to federal benefits for disability due to pneumoconiosis, also known as coal worker’s black lung. Incoal, Inc., Shepherd’s most recent coal-mining employer and the operator potentially liable for his benefits, challenged his entitlement to those benefits, submitting expert reports that, according to Incoal, demonstrated that Shepherd’s smoking history and not his mining history was the cause of his disability. An administrative law judge (“ALJ”) found that Incoal’s expert opinions were not well reasoned or documented, first, because they conflicted with the Act’s regulations and underlying principles as described in the preamble to the Act’s implementing regulations and, second, because the opinions were internally inconsistent and unreasoned. Incoal had, the ALJ held, failed to rebut the presumption that Shepherd was entitled to coal miners’ benefits. Incoal appealed to the Benefits Review Board (“BRB” or “Board”), which affirmed the ALJ’s decision.