A story that ran in yesterday's issue of TBA Today was based on an early 2024 Axios article regarding the governor’s budget for FY 2024-2025. To clarify, that budget is not the 2025-2026 budget, which is currently under development and has not been released. We regret the error and any confusion this may have caused.

Tennessee House of Representatives Speaker Cameron Sexton, R-Crossville, recently announced a review of Shelby County General Sessions Criminal Court Judge Bill Anderson’s cases, stating that the judge "stands with violent criminals rather than law enforcement, victims, families and protecting Memphis." The Daily Memphian reports that Anderson has been criticized for releasing several defendants on their own recognizance in recent months. Recently, Anderson released without bail a defendant accused of shooting at police during a 12-hour standoff and three other suspects charged in the shooting of a FedEx employee at a company facility near Memphis International Airport. Shelby County District Attorney Steve Mulroy says he will appeal some of those decisions. Anderson responded saying, "I will only say that Speaker Sexton or anyone else who wants to review my cases is certainly free to do so as much as they please. Mine is a court of public record and is open to the public." In April, a Shelby County commissioner also called on Anderson to resign.

The State Building Commission recently authorized $43 million in emergency funds to keep Tennessee State University (TSU) operational through the end of the year. The crisis allegedly stems from financial mismanagement under immediate past President Glenda Glover's administration. Interim TSU President Ronald Johnson has criticized the lack of oversight by the previous Board of Trustees, which was vacated earlier this year by the state legislature. According to Johnson, the board signed an $800,000 advisory contract with the outgoing president despite the university's financial struggles. Others point to historic underfunding as a major reason for the current financial straits. The commission has urged TSU to implement an emergency plan, restructure its leadership and consider selling property as a way to stabilize finances and enrollment. The Tennessee Lookout has the story.

Rep. Scott Cepicky, R-Culleoka, has filed a bill that would restrict the ways students can use devices like cell phones, tablets and laptops in schools. WBIR reports that the bill would require school districts across the state to pass policies prohibiting students from using devices during instructional time, though it does make a number of exceptions, such as 504 plans, an Individualized Education Plan (IEP) that specifically include devices, if a teacher grants permission, in an emergency, or if students need devices to manage their health.

A consumer law and conservatorship clinic sponsored by Memphis Area Legal Services (MALS) in partnership with The Hub will take place tomorrow from 1-3 p.m. CST. The clinic, which is held on the fourth Wednesday of the month, will be at 590 Washington Ave., Memphis 38105. Sign up to volunteer here or contact Heather Staggs, 901-255-3421 with any questions.

The Tennessee Bar Association Academy offers an exciting opportunity for a limited number of Tennessee attorneys to be admitted to practice before the U.S. Supreme Court. The 2025 admission ceremony will take place March 4 at the court in Washington, D.C. In addition to taking part in the private ceremony, participants will be invited to a TBA President's Reception and a special celebration dinner, and will receive three hours of prepaid credits to use for future CLE programming. The group will stay at the Hay Adams Hotel, where a block of rooms has been reserved at the discounted rate of $395 a night. The cost to register is $750 for TBA members and $450 for guests. Those interested in participating should complete this online form by Dec. 3. Applicants will be considered on a first-come basis and will be contacted to confirm interest and complete the application process.

The Tennessee Bar Association will hold its first-ever Conference on Artificial Intelligence & the Law (TCAIL) in Nashville on Dec. 6. Given the importance of learning more about this rapidly changing technological advancement and to make this innovative program accessible to all lawyers, the registration price has been reduced for the month of November to $150 for TBA members and just $100 for Law Tech and General Solo & Small Firm Section members. Non-members can attend for $350, which includes TBA membership! The special registration rate ends this weekend. Don't miss out on this opportunity! Register today. 

Hamilton County General Sessions Court Judge Tori Smith’s quest to become a judge started after watching an episode of "Saved by the Bell." "I wish so badly that I could quote some philosopher, but it was Jessie Spano," Smith says. "It was a flashback episode or a dream where she was a judge, and I just thought it sounded really cool and that’s how it started." She wanted a career that allowed her to serve her Native American community as a member of the Poarch Band of Creek Indians. Her tribe established an education scholarship, which she was able to advantage of in her journey to law school. Smith was appointed to the court to fill the vacancy left by Judge Alex McVeagh, who recently was elected to the 11th Judicial District Circuit Court. Read more about Judge Smith from the Administrative Office of the Courts.

Earlier today a story ran in TBA Today based on an early 2024 Axios article regarding the governor’s budget for FY 2024-2025. To clarify, that budget is not the 2025-2026 budget, which is currently under development and has not been released. We regret the error and any confusion this may have caused.

LARSEN, Circuit Judge. Michael Gardner prostituted his 17-year-old girlfriend and recorded himself having sex with her. A jury convicted Gardner of sex trafficking a minor in violation of 18 U.S.C. § 1591(a)(1) and (b)(1), and production of child pornography, in violation of 18 U.S.C. § 2251(a) and (e). The court sentenced him to 240 months’ imprisonment. Gardner unsuccessfully appealed his conviction. He then sought habeas relief under 28 U.S.C. § 2255. The district court denied his petition, but granted a certificate of appealability as to: (1) whether Gardner’s trial counsel was ineffective for failing to introduce the minor victim’s prior advertisements for sex work as exculpatory or impeachment evidence and (2) whether Gardner is entitled to an evidentiary hearing. For the reasons that follow, we AFFIRM.