The TBA Criminal Justice Section recently hosted a unique and successful murder mystery CLE. Led by Lincoln Memorial University Duncan School of Law (LMU Law) professors Melanie Ried and Syd Beckman, LMU Law students played characters in a 1920s themed event where participants used Tennessee’s latest criminal laws to unravel the mystery and bring the killer to justice. The winning team consisted of lawyers Jade Peters, Nicholas Poe-Jones and Tim Fowler. Keep your eyes peeled for more fun events to come from the TBA Criminal Justice Section. View photos from the event here.

The chair of Tennessee’s Registry of Election Finance, Tom Lawless, said Tuesday he will seek to revive a 2020 request for a criminal investigation into Cade Cothren and the Faith Family Freedom Fund PAC, citing new evidence from the recently concluded federal corruption case against Cothren and former House Speaker Glen Casada. Cothren, a former aide to Casada, and Casada were convicted this month on nearly 20 federal charges each in a kickback scheme. Lawless emphasized the urgency of reactivating the state-level investigation, which had been paused during the federal proceedings. The case involves allegations of illegal coordination with Chapel Hill Republican Rep. Todd Warner's 2020 campaign against incumbent Rep. Rick Tillis, R-Lewisburg, which Warner went on to win. Warner is not facing criminal charges. The Tennessee Lookout has the story.

On Wednesday, Davidson County Chancellor Patricia Moskal ordered the sealing of affidavits related to a Department of Children's Services (DCS) case that had been publicly available for years. The case stems from a petition by Memphis journalist Stacy Jacobson seeking access to documents related to the death of a 14-year-old boy. The initial documents contained redactions that the Tennessee Court of Appeals ruled were too broad. Moskal also heard arguments over new redactions in related files, during which Reporters Committee for Freedom of the Press Senior Attorney Paul McAdoo, representing Jacobson, urged the judge to make sure the redactions were limited to details truly identifying of the child. McAdoo also pointed out that certain newly made redactions were not previously made in publicly posted versions of the DCS documents. The Nashville Banner reports on the developments in its daily newsletter.

The TBA YLD will host its second Exploration CLE at Fall Creek Falls State Park in Spencer on May 30. Attendees will earn three hours of CLE credit while enjoying the natural beauty of one of Tennessee’s state parks. The program includes a ranger-led hike and lunch, offering a unique opportunity to blend professional development with outdoor exploration. Registration begins at 9 a.m., with sessions running from 9:30 a.m. to 2 p.m. CDT For more information and to register, visit the TBA website.

Celebrate Tennessee’s 229th birthday on May 31 with free, family-friendly activities Tennessee State Library & Archives (TSLA), the Tennessee State Museum and Bicentennial Mall State Park. The Tennessee State Museum will open at 10 a.m. CDT to the public and offer highlight tours, story time with reigning Miss Tennessee Carley Vogel, period games on the front lawn and a cupcake celebration. The TSLA will showcase Tennessee’s founding documents and new exhibits, and will host living history interpreters and indoor and outdoor activities, including a scavenger hunt. Tennessee’s three original constitutions also will be presented, displayed and guarded by the Tennessee Highway Patrol Honor Guard as part of the opening ceremony. Park rangers will offer free guided tours of Bicentennial Mall. Plan your visit.

The Tennessee Supreme Court recently adopted amendments to Tennessee Supreme Court Rule 46. The change, which took effect immediately, allows attorneys to electronically file unsworn declarations with electronic signatures in lieu of printed notarized affidavits. The court said it took the action after the General Assembly approved a change to Rule 22 of the Rules of Appellate Procedure, which allows the use of unsworn declarations under penalty of perjury in lieu of notarized affidavits if filed by licensed Tennessee attorneys in good standing. The change to the appellate rules was proposed jointly by the Tennessee District Public Defenders Conference, the Tennessee Association of Criminal Defense Lawyers and the Tennessee Attorney General’s Office. Read the order and see a redline version of the changes.

The Petitioner, Reggie Horton, was found guilty in an October 2016 trial of the offenses of attempted voluntary manslaughter, aggravated kidnapping, and simple assault related to conduct occurring on April 27, 2015. State v. Horton, No. W2017-00676-CCA-R3-CD, 2018 WL 1598895 (Tenn. Crim. App. Mar. 29, 2018), no perm. app. filed. On April 27, 2023, while post-conviction proceedings were pending, the Petitioner filed a writ of error coram nobis petition challenging only his conviction of aggravated kidnapping, claiming newly discovered evidence entitled him to a new trial on this offense. The Petitioner appeals the Shelby County Criminal Court’s dismissal of his petition for writ of error coram nobis, arguing he is entitled to due process tolling of the statute of limitations and the merits of his claim warrant relief. Finding no error, we affirm the judgment of the coram nobis court.

A Knox County jury convicted Defendant, Harlan V. Ferguson, alias Harley T. Martin, of two counts of vehicular homicide, evading arrest, reckless endangerment with a deadly weapon, driving under the influence (“DUI”), DUI per se, and failure to drive within a single lane of traffic. The trial court merged the vehicular homicide and DUI convictions into one vehicular homicide conviction and imposed an effective ten-year sentence with one year to be served in confinement followed by probation. While Defendant’s direct appeal was pending in this court, he filed a petition for writ of error coram nobis, in which he alleged that newly discovered evidence may have resulted in a different judgment. The trial court denied the petition, and this court consolidated Defendant’s direct appeal of his convictions and his appeal from the denial of coram nobis relief. On appeal, Defendant challenges (1) the trial court’s denial of his motion to suppress his statements to law enforcement; (2) the State’s failure to establish the chain of custody of Defendant’s blood samples; (3) the trial court’s denial of his motion to dismiss due to the destruction of evidence; (4) the trial court’s admission of lay testimony regarding the cause of the victim’s injuries; (5) the trial court’s admission of Defendant’s medical records; (6) the trial court’s exclusion of defense evidence; (7) the trial court’s failure to issue a missing witness instruction; (8) the State’s comments during closing arguments; (9) the State’s failure to disclose evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963); and (10) the trial court’s denial of Defendant’s petition for writ of error coram nobis. Defendant also argues that the cumulative effect of the errors entitles him to relief. Upon review, we affirm the judgments of the trial court.

Defendant, Tra’Shawn Glass, entered guilty pleas to three counts of vehicular homicide, four counts of drag racing resulting in serious bodily injury, and two counts of reckless aggravated assault resulting in serious bodily injury. Following a sentencing hearing, the trial court merged various convictions and imposed an effective twelve-year sentence to be served in confinement. On appeal, Defendant contends that the trial court erred in ordering him to serve a sentence of full confinement and in imposing consecutive sentences. Upon review, we affirm the judgments of the trial court.

The Defendant, Juwan Jaheim Gaines, appeals from his convictions for attempted first degree premeditated murder wherein the victim suffered serious bodily injury, employing a firearm during the commission of a dangerous felony, and reckless endangerment with a deadly weapon. He asserts that the trial court’s refusal to instruct the jury on self-defense constitutes reversible error, that the evidence was insufficient to support his convictions, and that the trial court abused its discretion by imposing an excessive sentence. After review, we remand the case to the trial court for entry of corrected judgment forms. In all other respects, we affirm the judgments of the trial court.