Federal Judge Orders New Trial in Federal Case, Criminal Defense Bar Reacts

Memphis, Tenn., August 30, 2025 - A federal judge has granted a new trial to three former Memphis police officers convicted last year of obstruction of justice in the beating death of Tyre Nichols, after finding that the trial judge’s comments may have demonstrated bias.

U.S. District Judge Sheryl H. Lipman issued the order on Friday for Tadarrius Bean, Demetrius Haley and Justin Smith. The three officers were convicted in October 2024 of witness tampering for allegedly attempting to influence testimony in the January 2023 beating of Nichols, who died days after the encounter following a traffic stop.

Lipman’s order highlighted remarks by the original trial judge, Mark S. Norris, suggesting he believed one of the officers belonged to a gang and that the Memphis Police Department was “infiltrated to the top with gang members.” According to court filings, Norris made those comments both during the trial and in a subsequent meeting with prosecutors and an FBI agent after his law clerk was shot in an unrelated incident. Lipman concluded that those statements “raise a substantial question” about Norris’s impartiality and warrant a new trial under the Due Process Clause.

The decision will require prosecutors to retry the obstruction charges, and newly assign a judge. “This ruling underscores the importance of preserving neutrality in our courts,” Lipman wrote.

The officers’ defense teams immediately signaled plans to press for dismissals or reduced charges. David Raybin, a Nashville criminal defense attorney who has represented law enforcement officers in federal cases, said the ruling “appears to protect basic fairness in our justice system” and could influence similar motions in other high-profile cases.

Prosecutors in the Western District of Tennessee have not indicated whether they will appeal Lipman’s decision. A trial date has not been set.