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Attorneys for Tennessee inmate worry state could use expired drugs for lethal injection

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Attorneys for Tennessee inmate worry state could use expired drugs for lethal injection


NASHVILLE, Tenn. (AP) — Attorneys for a Tennessee death row inmate say they are concerned the state may be planning to use expired lethal injection drugs at his execution on Thursday, a growing concern across the country as states work to keep most information about their drugs secret.

Tony Carruthers’ attorneys twice asked the Tennessee Department of Correction last month whether it had secured the appropriate drugs for his execution date and for assurance the drugs had not expired.

Assistant Attorney General John W. Ayers’ response did not directly answer but said the department will comply with its lethal injection protocol — which includes regular inventory of the drugs to monitor expiration dates.

Carruthers, 57, was sentenced to death after being found guilty of the 1994 kidnappings and murders of Marcellos Anderson, his mother Delois Anderson, and Frederick Tucker.

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The Tennessee Department of Correction declined to answer on Wednesday when asked by The Associated Press whether the drugs they plan to use to kill Carruthers are expired. Gov. Bill Lee’s office did not immediately respond to a similar inquiry.

Federal Public Defender Amy Harwell said in an email that expiration dates reflect when a drug can no longer be safely relied upon to obtain the desired result.

“In the execution context, this may mean a slow, lingering death without a reliable loss of consciousness, as the body painfully and fitfully shuts down,” Harwell wrote.

Public opposition to executions has made it difficult for prisons to obtain execution drugs, among the lingering issues for those who use lethal injection. Some states have been forced to speed up executions or stop them entirely due to expiration dates on drugs.

In South Carolina, executions were on hold for 12 years while the state struggled to obtain drugs. They were eventually able to get them only after the state passed a shield law that would keep the identity of the supplier secret.

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Tennessee has argued in court that its shield extends to revealing expiration dates. Just before the December execution of Harold Nichols, Tennessee Deputy Attorney General Cody Brandon offered instead to provide a declaration “attesting that the chemicals to be used in Mr. Nichols’ execution will not expire before his execution and have not expired,” according to a transcript of the proceedings.

“The fact that TDOC was willing to provide such assurances to Mr. Nichols, but not Mr. Carruthers, raises serious concerns that TDOC is, in fact, intending to use expired drugs,” Harwell wrote in a May 18 follow-up to Ayers’ letter.

Arkansas, Idaho have faced challenges

In 2017, Arkansas’ then-Gov. Asa Hutchinson issued death warrants for eight prisoners on the state’s death row in an effort to beat the clock on a batch of lethal injection drugs that were set to expire. The state executed four of the men, but four others were granted stays.

Arkansas has not had any executions since then, in part because of the difficulty in obtaining drugs.

A group of Texas inmates in 2023 unsuccessfully tried to stop the state from using drugs they alleged were expired and unsafe. Prison officials denied their claims and said the state’s drug supply was safe.

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Attorneys for Idaho’s death row inmates raised similar concerns in 2024, when the state planned to take a second try at executing Thomas Creech after the first attempt was botched.

The Federal Defender Services of Idaho told a federal judge that prison officials apparently failed to even check the expiration date of the execution drugs before obtaining a death warrant for Creech in October 2024. Nine days later, the drugs were returned to the supplier because they were expired, according to court documents. A new Idaho law has changed the state’s primary execution to firing squad in part because of the difficulty of getting lethal injection drugs.

Tennessee has had problems with execution drugs

Tennessee has a history of problems with its execution drugs. In 2022, Oscar Smith came within minutes of being executed before Tennessee Gov. Bill Lee issued a surprise reprieve that revealed the state’s lethal injection drugs were not being properly tested for purity and potency. Executions were on hold for two years to allow for an independent investigation into the problems.

The state attorney general’s office was also forced to concede in court that two of the people most responsible for overseeing Tennessee’s lethal injection drugs at the time “ incorrectly testified ” under oath that officials were testing the chemicals as required.

Tennessee released a new lethal injection process in December 2024, and restarted executions in 2025. Several death row inmates have sued over the new protocols, arguing that the Correction Department did not follow the recommendations from the investigation.

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Meanwhile, the new process has not been completely smooth. When Byron Black was executed by lethal injection in August, he said he was “ hurting so bad.” Prison officials have offered no explanation for what might have caused the pain.

Copyright 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

101st Airborne veterans get Purple Hearts years after an insider attack

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As we honor those who have served our country and made the ultimate sacrifice, it is also heartening to see the military right a wrong. Chris Davis brings us the moving story of a Purple Heart ceremony two decades in the making. It’s worth a watch.

A heartfelt thanks to all who bravely serve.

– Carrie Sharp





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See which Tennessee companies are asking for $3B in tariff refunds

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See which Tennessee companies are asking for B in tariff refunds


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  • Major U.S. companies are seeking billions in refunds for tariffs that the Supreme Court struck down.
  • It remains uncertain if customers will receive reimbursements, though some companies like UPS, FedEx, and Walmart have announced plans to pass on savings.
  • A USA TODAY analysis found at least 90 publicly traded companies plan to seek refunds, with some having a significant presence in Tennessee.

Some of the United States’ largest companies are seeking billions in tariff refunds from the government, but whether customers will see any reimbursements remains unknown.

A USA TODAY analysis of over 630 Securities and Exchange Commission filings found that at least 90 publicly traded companies plan to seek refunds, highlighting their efforts to reclaim billions of dollars following the U.S. Supreme Court striking down the tariffs imposed by the administration of President Donald Trump under the International Emergency Economic Powers Act, or IEEPA. Other tariffs remain in place.

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U.S. Customs and Border Protection has begun processing refund claims for the $166 billion that may be at stake. Among the largest, Ford is seeing a $1.3 billion refund; General Motors, $500 million; and UPS, $500 million, according to their filings.

Of the three, only UPS announced plans to refund customers. “UPS will disburse refunds 60-90 days after we receive the funds from CBP,” the company said on its website. 

Here is how much Tennessee companies are seeking in reimbursements.

How much could TN companies get back from Trump tariffs?

USA TODAY compiled the government filings from 92 firms that mention tariffs collected under the International Emergency Economic Powers Act. Of those 92 companies, over two dozen have a noteworthy business presence in Tennessee.

In total, Tennessee companies requested $3.014 billion from the government.

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Here is how much the companies with headquarters or significant manufacturing facilities in Tennessee are requesting in refunds from the government:

  • Canadian Solar Inc.: $93 million
  • Capri Holdings LTD: $65 million
  • Cardinal Health: $200 million
  • Columbia Sportswear: $80 million
  • Deere & Co.: $272 million
  • Eastman Chemical Co.: $22 million
  • FedEx: amount sought not specified
  • Flowserve Corp.: $35.4 million
  • Fluence Energy Inc.: $57 million
  • General Motors Co.: $500 million
  • Integra LifeSciences Holdings: $18.7 million
  • Magna International Inc.: $160 million
  • Mantiwoc Company: $25 million
  • Newell Brands Inc.: $120 million
  • Osh Kosh Corp.: $19.7 million
  • Procter & Gamble: $200 million
  • TJX Companies Inc.: $490 million
  • Tootsie Roll Industries Inc.: $1.3 million
  • UFP Industries Inc.: $20 million
  • Under Armour Inc.: $70 million
  • Walmart: amount sought not specified
  • West Fraser Timber: $3 million
  • Whirlpool: $50 million
  • Williams Sonoma Inc.: $197.8 million
  • Yeti Holdings Inc.: $66.5 million
  • Zebra Technologies Inc.: $75 million
  • Zimmer Biomet Holdings Inc.: $77 million

Are some companies passing on tariff refunds to customers?

Of the $166 billion on the table, U.S. consumers are unlikely to see much of it end up in their pockets. Earlier, Trump had even floated the idea that the revenue from these tariffs could be used to send $2,000 checks to Americans, but those plans never materialized. 

Cardinal Health, a major medical supply distributor, incurred roughly $200 million in tariffs and passed some of those costs on to its customers. The company plans to refund customers for any portion of tariffs incurred as a result of price increases during that period.

However, given that its customers include businesses, hospitals, and pharmacies, it’s uncertain whether these savings will reach end consumers.

FedEx is also expecting to recover, but did not specify by how much in its filings. Like UPS, the company does plan to pass money on to customers. 

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Amelia Ables, FedEx Communications Advisor, told USA TODAY in an email statement that supporting consumers remains a priority. “As the U.S. government issues IEEPA tariff refunds to FedEx, we are fully committed to refunding any applicable duties, including the interest received from Customs and Border Protection.” 

On a May earning’s call, Walmart’s executive vice president and chief financial officer, John David Rainey, said the company would invest the refund in lowering its prices.

“We are availing ourselves of the process to get refunds. We would definitely bias and try to prioritize price investment for that, given what we’ve seen, both in terms of the pressure on consumers from fuel prices,” Rainey said. 

On the call, Rainey said the refund amounts to less than 0.5% of the company’s U.S. annual sales. CNBC estimated it at around $2.42 billion. 

An April Federal Reserve study on the effect of tariffs on consumer prices showed that sweeping tariffs kept prices elevated for core goods, which includes cars, furniture and other products and excludes the volatile prices of food and energy. 

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Major companies are pushing to reclaim tariff payments, despite a warning from President Trump. In April, during an appearance on CNBC’s “Squawk Box,” Trump was informed that Apple had initially decided not to apply for a refund. He responded by saying it was “brilliant” if companies chose not to seek refunds.

Selling refund rights at a discount  

A few examples of companies selling their refunds to investors also emerged in USA TODAY’s analysis. These companies reported selling their refund rights outright to financial firms, accepting less than full value in exchange for immediate cash.  

The Justice Department is appealing the court order that compelled the U.S. government to reimburse companies. While the appeal would not affect the current cases being processed by Customs and Border Protection, if successful, it could mean some businesses would have to file lawsuits individually, which can be an expensive process. 

The IEEPA tariffs are just one set they are dealing with. After the Supreme Court ruled them invalid, President Donald Trump announced other sweeping tariffs, some of which were recently deemed invalid as well. 

USA TODAY contributed to this report.

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Jordan Green covers trending news for The Commercial Appeal and Tennessee. She can be reached at jordan.green@commercialappeal.com.



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Flag Day: East Tennessee couple builds wooden American flags by hand

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Flag Day: East Tennessee couple builds wooden American flags by hand


SEVIERVILLE, Tenn. — Dennis and LaNelle Fawver don’t wave a fabric flag. They build them by hand out of wood.

Six years ago, the couple made their very first wooden American flag — not to sell, but to give to Dennis’s younger brother, who had just been diagnosed with stage four cancer.

“So, we were in the middle of making our very first one when we got a call that my younger brother had stage four cancer and he was about to pass,” Dennis Fawver said.

They finished that flag, put his name on it and a cancer awareness ribbon and took it back to him for a surprise.

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“As soon as we gave it to him, you know, he just smiled and got bright and seemed happy,” Dennis Fawver said.

His brother, Randy Behrends, later passed away. But that moment of joy sparked a business, and Dennis says it still drives every flag he makes.

“It just shows patriotic. I mean, just red, white, and blue,” Dennis Fawver said.

The Fawvers make flags for every branch of the military, law enforcement, medical workers, corrections officers and even fully custom flags with names and sayings.

For LaNelle, a former nurse, the reward is different — it’s the moment someone unwraps one.

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“I just like seeing people’s faces when they get them. We make a lot of birthday presents, a lot of anniversaries, Father’s Day presents. That’s a biggie for us. And to see the dads and the reactions on their faces when they see it, that’s the best part. I enjoy making them happy when they see. They get something that means something to them,” LaNelle Fawver said.

That joy — the same joy his brother showed — is what keeps Dennis going.

“So that kind of inspired us like, well, if he liked it that much, you know, and other people commented. So we just started making them and would give them away to friends and family,” Dennis Fawver said.

The Fawvers sell their wooden flags at the Great Smoky Mountains Flea Market and online.

Copyright 2026 WVLT. All rights reserved.

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Tennessee Football Hosted SEC Cornerback Commit on Official Visit This Weekend | Rocky Top Insider

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Tennessee Football Hosted SEC Cornerback Commit on Official Visit This Weekend | Rocky Top Insider


(Photo via Ryan Sylvia | RTI)

Tennessee football is continuing to make pushes for top targets on its board despite prospects’ commitment status. On Saturday, the Vols flipped Alabama commit Kenneth Simon II to join the 2027 class. On Sunday, Dayon Cooper decommitted from Florida State after his official visit to see the Vols.

UT has its eyes set on another currently committed target, as well. Mississippi State commit Brandon Allen Jr. just completed his official visit to Knoxville this past weekend, according to his Instagram story.

Allen ranks as a three-star recruit, according to 247 Composite. He is the No. 627 recruit in the nation, No. 65 cornerback and No. 76 player from the state of Georgia. He plays for Westlake High School in Atlanta. That’s the same school that current UT receiver Travis Smith Jr. played for.

More From RTI: Five-Star Recruiting Target Took Official Visit to Tennessee Football This Weeekend

Tennessee isn’t the only team trying to flip Allen, though. According to 247, along with the Vols and Mississippi State, Allen is also taking official visits to South Carolina, Virginia Tech, Vanderbilt and Georgia Tech. Ironically, UT will face all of those teams, except the Hokies and MSU, next season on its 2026 schedule, with each being played on the road.

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Tennessee is a bit late to join the recruitment of Allen, but it could make a big enough impact to reel him in. UT offered him on May 7 of this year. This came from new cornerbacks coach, Derek Jones, who was hired to join the staff of newly hired Vols defensive coordinator Jim Knowles this offseason.

Tennessee currently holds 15 commitments in the 2027 class and sits outside the top 25 nationally in both 247 and Rivals rankings. However, with official visits continuing to be held, the Vols are putting themself in a position to bolster the group and climb the rankings.



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