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Posted by: Azya Thornton on May 8, 2025

JOHN K. BUSH, Circuit Judge. Benny Lee Hodge sits on death row for the brutal murder of Tammy Dee Acker. In this habeas appeal, we address whether Hodge is entitled to relief based on claims of ineffective assistance of counsel, jury tampering, and jury bias that allegedly arose during his Kentucky state court trial. Hodge procedurally defaulted the latter claim, so it is not properly before us. For Hodge’s ineffective-assistance argument, we review the Kentucky Supreme Court’s postconviction decision under Strickland v. Washington, 466 U.S. 668 (1984). For his jury-tampering allegation, we review the state court’s determination of no credible evidence evincing such misconduct. We address both claims by applying § 104 of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, 110 Stat. 1214 (AEDPA), codified in relevant part at 28 U.S.C. § 2254(d). That statutory provision directs us not to decide how we would have ruled on the pertinent issues in the first instance, had we sat on the state appellate bench. Rather, we apply AEDPA’s mandated deference to the state court decision to determine (1) whether the Kentucky Supreme Court’s constitutional interpretation and application were objectively unreasonable, and (2) whether it engaged in objectively unreasonable postconviction fact finding. We answer no to both inquiries. Therefore, we AFFIRM the district court’s denial of the writ of habeas corpus.

Posted by: Stacey Shrader Joslin on May 8, 2025

University of Memphis students are forming a college mock trial team and are looking for a volunteer coach who can support the team during the fall and spring semesters, with the potential to remain involved beyond that depending on availability and interest. Interested individuals should reach out to Brandon Washington at brandon.washington@memphis.edu. If possible, please contact Washington by July 1 so there is time to coordinate and prepare before the academic year begins.

Posted by: Azya Thornton on May 8, 2025

DAVIS, Circuit Judge. In September 2020, Jesse Fairley chose a local convenience-store parking lot as his base of operation to sell crack cocaine. He caught the eye of a local law-enforcement officer assigned to a federal task force, who watched Fairley conduct hand-to- hand transactions in the parking lot. When members of law enforcement closed in on Fairley and searched the parked vehicle he had frequented throughout the surveillance of his activities, they found handguns and a “bunch” of cash sitting in the open, as well as crack cocaine and marijuana in a compartment next to where Fairley had been seated. (Trial Tr., R. 59, PageID 457). A jury convicted Fairley of possessing with the intent to distribute crack cocaine, possessing a firearm after a felony conviction, and possessing a firearm in furtherance of a drug-trafficking crime. After receiving a thirty-year sentence, Fairley promptly appealed his conviction.

Posted by: Azya Thornton on May 8, 2025

LARSEN, Circuit Judge. BlueCross BlueShield of Tennessee (BlueCross) is both the insurer and fiduciary for an ERISA-governed group health insurance plan. A plan member in New Hampshire sought coverage for medical treatments she received. Because the plan did not cover such treatments, BlueCross denied the claims. The Commissioner of the New Hampshire Insurance Department brought an enforcement action against BlueCross, alleging that BlueCross did not cover medical treatments required under New Hampshire law. BlueCross sought to enjoin the state regulatory action on the grounds that it threatened BlueCross’s fiduciary duties under ERISA. The district court denied relief and granted summary judgment to the Commissioner. BlueCross appeals. For the following reasons, we AFFIRM.

Posted by: Stacey Shrader Joslin on May 8, 2025

Dr. Helen Clawson Smith, known as Helen Claire by family and friends, died April 30 at the age of 94. Smith earned her undergraduate and Master of Education degrees from Memphis State University and a Doctor of Education from the University of Houston in 1972. She later earned a law degree from the Cecil C. Humphreys School of Law. She spent her career in education, both in teaching and administration, and was instrumental in developing early childhood reading programs. After retiring in 1996, Smith volunteered as an ombudsman for the Metropolitan Inter-Faith Association, advocating for seniors in long-term care, and served on the board of the Association for the Preservation of Tennessee Antiquities. A small graveside gathering will be held on May 18 at Memorial Park Cemetery in Memphis.

Posted by: Stacey Shrader Joslin on May 8, 2025

The YWCA of Nashville & Middle Tennessee will hold its next “Stand Against Injustice” event on May 15 from noon to 1 p.m. CDT. The virtual lunch and learn will feature Davidson County General Sessions Judge Ana Escobar, Nashville lawyer Charles Grant, former public defender Keeda Haynes and Emily Slotts with Tennessee Justice for Our Neighbors. The event will explore what due process looks like in action and what happens when it is denied. Register online for the free event.

Posted by: Stacey Shrader Joslin on May 8, 2025

Three law students have filed a federal lawsuit asking the U.S. District Court for the District of Columbia to order the Equal Employment Opportunity Commission (EEOC) to withdraw investigative letters sent to 20 large law firms and delete any information that it gathered from them. According to Reuters, the students said they had applied for jobs at several of the firms for this summer. The complaint argues that if firms hand over the requested data to the EEOC, sensitive information about the students — including their demographic and contact information, compensation and participation in DEI programs — will be disclosed. The ABA Journal has more. 

Posted by: Laura Labenberg on May 8, 2025

The Nashville Bar Association (NBA) Young Lawyers Division is kicking off the summer with the 2025 Arts Immersion on May 29. The event will feature live music, performances by local talent, a silent auction, local fare and lively libations. It will take place at The Bedford, 4319 Sidco Dr., Nashville 37204. Get details on the NBA website.

Posted by: Azya Thornton on May 7, 2025

Defendant, Dylan Ray Thompson, was convicted by a Fayette County jury of first degree premeditated murder, aggravated assault, and unlawful possession of a handgun by a convicted felon. After a sentencing hearing, the trial court imposed an effective sentence of life plus eight years. Defendant appeals, arguing that the evidence was insufficient to support each of his convictions and that the trial court erred in aligning his sentences consecutively. Upon review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Posted by: Azya Thornton on May 7, 2025

Nearly twenty-three and a half years ago, Phillip Mullins, Petitioner, was convicted of felony murder, second degree murder, especially aggravated robbery, and especially aggravated burglary. He was sentenced to life without parole. State v. Mullins, No. M2002-02977-CCA-R3-CD, 2003 WL 23021402, at *1 (Tenn. Crim. App. Dec. 29, 2003), perm. app. denied (Tenn. June 1, 2004). The convictions were affirmed on direct appeal. Subsequent petitions for post-conviction relief and habeas corpus relief were unsuccessful. See Mullins v. Lindamood, No. M2017-00139-CCA-R3-HC, 2017 WL 3332269, at *1 (Tenn. Crim. App. Aug. 4, 2017), perm. app. denied (Tenn. Nov. 17, 2017); Mullins v. State, No. M2008-00332-CCA-R3-PC, 2008 WL 5272573, at *1 (Tenn. Crim. App. Dec. 19, 2008), perm. app. denied (Tenn. Apr. 27, 2009). Petitioner then filed a pro se petition for DNA post-conviction relief, a petition for writ of error coram nobis, and a petition for habeas corpus relief. Following several hearings, the post-conviction court denied relief. Petitioner appealed. On appeal, he argues that: (1) the post-conviction court erred by denying his request for DNA analysis of the evidence; (2) the post-conviction court improperly denied his request for expert funding; (3) the post-conviction court improperly determined his petition for error coram nobis relief was untimely; and (4) the post- conviction court improperly determined his habeas claims were without merit or previously litigated. After a thorough review, we affirm the judgment of the post-conviction court.


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