Thank you for your support of the Communications Law Section this bar year! It has been a busy year, led by section Chair Todd Hambidge. The section is gearing up for the 2025 Reporters Workshop coming up next month. We are excited to host the selected journalists in sessions that will help them develop a deeper understanding of media law issues that affect their everyday work. Firms interested in supporting this important educational event should contact Communications Law Section Coordinator Brooke Leeton. Also, the Communications Law Section plans to join forces with the Litigation Practice Section later this spring for a CLE focused on open records and cameras in the courtroom, so stay tuned for those details.

Thank you for being part of the Communications Law Section. If you have thoughts or ideas for future section initiatives, don’t hesitate to reach out.

Knoxville-based U.S. District Judge Thomas A. Varlan on Monday ruled that Edward Kelley's pardon regarding his participation in the Jan. 6, 2021, riot at the U.S. Capitol does not cover his conviction for conspiring to kill law enforcement agents investigating him. The Tennessean reports that the Maryville man was separately charged, convicted and then pardoned for his actions related to the riot. Judge Varlan wrote that Trump's pardon does not apply to the conspiracy charge "because this case involved separate offense conduct that was physically, temporally and otherwise unrelated to defendant’s conduct in the D.C. case and/or events at the Capitol on Jan. 6, 2021." Varlan also separately denied Kelley's motion for a new trial due to insufficient evidence.

Thank you for your support of the Federal Practice Section this bar year! It has been a busy year, led by section Chair Brent Jones. In December, Jones and attorney Jonathan Moffatt teamed up for a webinar on the Bail Reform Act of 1984. If you missed the program, no worries, it is currently available on demand in our CLE catalog. For more learning opportunities, register now for this year’s virtual forum on July 15. Our annual forum is a great time to connect with others in your practice area and remember, you can use your section discount for the CLE.

Thank you for being part of the Federal Practice Section. If you have thoughts or ideas for future section initiatives, don’t hesitate to reach out.

The Trial Court Vacancy Commission met in Chattanooga to select nominees for a circuit court judge in the 11th Judicial District in Hamilton County. After holding a public hearing and interviews, the commission forwarded the following individuals to Gov. Bill Lee for his consideration: Christina R. Mincy, Jennifer K. Peck and William Matthew Wayne. The vacancy was created with the appointment of Judge Michael J. Dumitru to the U.S. District Court for the Eastern District of Tennessee. Visit the Administrative Office of the Courts' website for more on the candidates.

The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court is designed not only to ensure that the state meets its obligations under the law, but also provides for a phased implementation to strategically address the special needs of some communities and case types. During last year's effort to increase the compensation rate for appointed attorneys, the AOC was encouraged to consider alternatives, including ones that would better address the needs of smaller and rural communities. This proposal seeks to respond to those concerns by providing flexibility and stability to focus on building capacity in those areas, as well as for contracts that require tailored solutions such as those for complex cases. The proposed plan requires a recurring appropriation of $17 million, and over time, the dollars used to pay today’s claims would be used to expand contracting options. Learn more about the plan and indigent representation in Tennessee.

The TBA will host three ethics webcasts on March 27, featuring the CLE Performer Stuart Teicher. The sessions will blend humor, pop culture and professional responsibility to provide insightful lessons on attorney ethics. Wedded Bliss and Attorney Ethics will explore how principles of a lasting marriage connect to legal ethics, covering topics like communication and conflicts of interest. Ted Lasso and Attorney Ethics will use moments from the hit show to illustrate integrity, leadership and key rules of professional conduct. The Perfect Pop Song and Attorney Ethics will reveal what makes a song timeless and relate it to legal competence, communication and ethical structure. Attorneys can register for these interactive webcasts through the TBA website.

DAVIS, Circuit Judge. In 2021, the United States Department of Health and Human Services (“HHS”) promulgated a rule requiring Title X grant recipients to provide neutral, nondirective counseling and referrals for abortions to patients who request it. Tennessee, which has been a Title X recipient for over 50 years, recently outlawed most abortions in the state. After doing so, Tennessee would commit only to conducting counseling and referrals for options deemed legal in the state. HHS considered Tennessee’s commitment to be out of compliance with its regulatory requirements. So it opted to discontinue the grant. Tennessee filed suit to challenge HHS’s action and enjoin it from closing the grant. The district court denied Tennessee’s request for preliminary injunction because it held that Tennessee does not have a strong likelihood of succeeding on the merits of its claim and that the balance of the remaining preliminary injunction factors weigh in HHS’s favor. For the reasons set forth below, we affirm.

The Defendant, Jasmin Moore, was convicted by a Shelby County Criminal Court jury of first degree felony murder in the perpetration of or attempt to perpetrate a robbery and of especially aggravated robbery, a Class A felony. See T.C.A. §§ 39-13-202(a)(2) (2018) (subsequently amended) (first degree felony murder), 39-13-403 (2018) (especially aggravated robbery). The trial court imposed a life sentence for the first degree murder conviction and a concurrent sentence of sixteen years for the especially aggravated robbery conviction. On appeal, the Defendant contends that: (1) the trial court erred in denying her motion to dismiss based upon an alleged violation of her right to a speedy trial, (2) the court erred in several evidentiary rulings, (3) the court erred in denying her request for a jury instruction regarding unavailable evidence, (4) the court erred in permitting police recruits to attend the trial, and (5) she should receive a new trial due to the cumulative effect of the alleged trial errors. We affirm the judgments of the criminal court.

The Defendant, Brandon Lee May, appeals his Knox County Criminal Court convictions of possession of a firearm by a convicted felon, evading arrest, and criminal trespass, for which he received an effective sentence of fifteen years' incarceration. On appeal, the Defendant argues that the evidence adduced at trial was insufficient to sustain his convictions and that his sentence is excessive. Discerning no error, we affirm.

A hearing panel of the Board of Professional Responsibility concluded that Daryl A. Gray violated Rules 1.3, 1.4, 1.15(d) and (e), 1.16, 4.1(a), and 8.4(c) of the Tennessee Rules of Professional Conduct and suspended him from the practice of law for six months. The violations stemmed from two separate complaints, both involving Mr. Gray’s representation of plaintiffs in personal injury lawsuits. The trial court affirmed the hearing panel’s decision. After careful consideration, we too affirm.