Gov. Bill Lee earlier this year ended an expedited clemency program for those sentenced under a previous version of the state's drug-free school zone law. The change was posted to the Tennessee Department of Corrections' website sometime after the program was ended in January, but reportedly was not publicly announced. According to the Tennessean, under the old law, those convicted of a drug crime within 1,000 feet of a school, library, park, day-care center or recreational center were subject to mandatory minimum sentences even for first-time drug offenses. The Tennessee General Assembly changed the law in September 2020 to reduce the radius of a "school zone" to 500 feet. Ending the program means offenders convicted under the old law, and sentenced to longer prison terms than they would be today, have lost what may have been the most viable option to adjust their sentences.

The Shelby County Criminal Justice Center was found to have "deficiencies" in two inspections over the last six years conducted by the Tennessee Corrections Institute. Action News 5 reports that inspectors noted noticeable deterioration of the facility and buildings with outdated doors, locks, showers and security systems. Inspectors also repeatedly noted the need for more staff. In a 2019 inspection report, the inspector stated the building was outdated, more signs of wear were seen than before and the maintenance department could not keep up because there were so many issues.

Gov. Bill Lee toured the Birthplace of Country Music Museum in Bristol while celebrating a new law meant to protect the state’s musicians. WJHL reports that Lee said places like the museum embody why the law is important. Lee and his wife Maria were given a quick tour of the museum on their visit. Both were shown and listened to how technology was used to document the rich musical heritage of the region. “It’s a reminder to us, part of what made Bristol the city that it is and what made Tennessee the state of music that it is, are the artists themselves,” Lee said. The ELVIS Act is the first-in-the-nation law that seeks to block the use of artificial intelligence to copy a performer’s voice without legal permission. Lee signed the bill into law in March.

The May/June Tennessee Bar Journal, the annual Access to Justice (ATJ) focused issue, is now available online and arriving in mailboxes this week! This issue's cover story focuses on the need for fee increases for indigent representation in Tennessee courts, and highlights attorneys' testimony before two legislative committees. The TBA's Public Service Award winners are profiled, and Russell Fowler gives readers a glimpse into the pro bono-focused life of Saint Ives. Columns include John Day's digest of tort cases before the Tennessee Supreme Court and Eddy Smith's look at mortality and the relief that comes with knowing your affairs are in order. In addition, Jim Barry's final President's Perspective column looks back at a year of transitions for TBA, and The Legal Life is full of ATJ news and updates on TBA ATJ initiatives.

The defendant, Jeffrey Milton Stokes aka Real Black, was convicted by a Knox County jury of first-degree premeditated murder and reckless endangerment, and he was sentenced to an effective term of life imprisonment. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.

The pro se petitioner, Bobby L. Franklin, appeals from the denial of his petition for writ of habeas corpus by the Criminal Court for Johnson County, arguing the habeas court erred in summarily dismissing his petition. The petitioner asserts he is entitled to habeas corpus relief because a “new judgment” was entered, lengthening his sentence. Following our review, we conclude that the petitioner’s notice of appeal was untimely and that the interest of justice does not mandate waiver of this requirement. Thus, the instant appeal should be dismissed.

The 2024 Corporate Counsel Pro Bono Initiative Gala was hosted April 20 in the Nashville offices of Bass, Berry & Sims, offering a wonderful opportunity for supporters to meet and connect with colleagues from across the state. Event attendees included representatives from sponsoring companies and firms, as well as leaders from the TBA and the Tennessee chapter of Association of Corporate Counsel (ACC). The event included presentation of the inaugural Branham Grants, in support of a pilot legal services project between West Tennessee Legal Services and Aspell Recovery Center. The Branham Grants were established in honor of long-time access to justice champion Andy Branham, who passed away in 2022. Read more and see photos from the event. 

CLAY, Circuit Judge. Plaintiff StarLink Logistics, Inc. (“StarLink”) appeals the district court’s dismissal of some of its claims for lack of jurisdiction and the district court’s grant of summary judgment to Defendant ACC, LLC (“ACC”) as to its remaining claims. In January 2012, StarLink sued ACC for civil penalties, injunctive relief, and declaratory relief under the citizen suit provisions of the Clean Water Act, 33 U.S.C. § 1365, and the Resource Conservation and Recovery Act, 42 U.S.C. § 6972, alleging that ACC’s improperly closed landfill was polluting StarLink’s land. After StarLink initiated its suit, ACC and the Tennessee Department of Environment and Conservation (“Department”) finalized a consent order requiring ACC to abate the landfill’s pollution. The overarching issue on appeal is what effect this consent order and ACC’s subsequent compliance efforts have on StarLink’s citizen suit.

In light of the consent order, the district court disposed of StarLink’s claims. With respect to ACC’s alleged violations of the Clean Water Act and the Resource Conservation and Recovery Act occurring prior to the consent order, the district court dismissed StarLink’s claims for injunctive and declaratory relief as moot and granted summary judgment to ACC as to StarLink’s claims for civil penalties. In the alternative to its mootness and civil penalties rulings, the district court concluded that it would have granted summary judgment to ACC as to all violations occurring prior to the consent order on the basis of claim preclusion. With respect to violations occurring after the consent order, the district court dismissed StarLink’s claims for failure to meet the Clean Water Act’s and the Resource Conservation and Recovery Act’s jurisdictional notice requirements.

For the reasons set forth below, we AFFIRM IN PART and REVERSE IN PART the district court’s judgment and REMAND for further proceedings consistent with this opinion.

MURPHY, Circuit Judge. At the time of Calvin Caver’s sentencing, the federal drug laws subjected Caver to a mandatory term of life imprisonment because he conspired to distribute more than 50 grams of “crack” cocaine and had committed three prior “felony drug offenses.” Later, however, the Fair Sentencing Act of 2010 increased the amount of crack cocaine required to trigger this life sentence to 280 grams. The First Step Act of 2018 then allowed defendants like Caver to seek retroactive relief “as if” they had committed their crimes after the Fair Sentencing Act. Caver sought a reduced sentence under the First Step Act. But the district court held that this Act gave it no discretion to grant him relief. It reasoned that Caver’s jury had found that his drug crime involved at least 500 grams of crack cocaine—an amount that still exceeded the 280 grams required to trigger a mandatory life sentence after the Fair Sentencing Act. We agree and affirm.