Tennessee Case Commentaries

Standing Doctrine Affirmed in ACLU of Tennessee v. Darnell

Date: Jul 15, 2006

Standing Doctrine Affirmed in ACLU of Tennessee v. Darnell Introduction The case of American Civil Liberties Union of Tennessee, et al. v. Riley C. Darnell, et al. was adjudicated by the Supreme...

Emotional Distress Claims in Property Tort Actions and the Applicable Statute of Limitations

Date: Jul 15, 2006

Emotional Distress Claims in Property Tort Actions and the Applicable Statute of Limitations Introduction The case of Forrest L. Whaley and Margaret Ann Whaley v. Jim Ann Perkins, et al., adjudicated...

Reinterpreting "Party to be Charged" in Tennessee's Statute of Frauds: Insights from Blair v. Brownson

Date: Jul 12, 2006

Reinterpreting "Party to be Charged" in Tennessee's Statute of Frauds: Insights from Blair v. Brownson Introduction The case of Rena Mae Blair v. Rollin C. Brownson and Mary Ann Brownson (197 S.W.3d...

Including Immediate Family Death as 'Other Disability' for Judge Substitution under TCRCP 25(a) in State v. Young

Date: Jul 1, 2006

Including Immediate Family Death as 'Other Disability' for Judge Substitution under TCRCP 25(a) in State v. Young Introduction In State of Tennessee v. Leonard J. Young (196 S.W.3d 85, Supreme Court...

Reaffirmation of Denial of Alternative Sentencing Based on Offense Seriousness in Class B Felonies: STATE v. Trotter and Sheriff

Date: Jun 30, 2006

Reaffirmation of Denial of Alternative Sentencing Based on Offense Seriousness in Class B Felonies: STATE v. Trotter and Sheriff Introduction STATE of Tennessee v. Jessica Trotter and Andrew Sheriff...

Enforceability of Marital Dissolution Agreements Post-Repudiation: Insights from Barnes v. Barnes (193 S.W.3d 495)

Date: May 18, 2006

Enforceability of Marital Dissolution Agreements Post-Repudiation: Insights from Barnes v. Barnes (193 S.W.3d 495) Introduction Randy Alan Barnes v. Amy Robertson Barnes, 193 S.W.3d 495, adjudicated...

Enlargement of Time in Medical Malpractice Litigation: Williams v. Baptist Memorial Hospital

Date: Apr 20, 2006

Enlargement of Time in Medical Malpractice Litigation: Williams v. Baptist Memorial Hospital Introduction The case of Mae Ellen Williams, et al. v. Baptist Memorial Hospital, et al. (193 S.W.3d 545)...

Supreme Court of Tennessee Clarifies Modification Standards for Child Support Including Extraordinary Educational Expenses

Date: Apr 14, 2006

Supreme Court of Tennessee Clarifies Modification Standards for Child Support Including Extraordinary Educational Expenses Introduction In the landmark case of Brendi Erin Kaplan (formerly Bugalla)...

Supreme Court of Tennessee Upholds Standards for Effective Assistance of Counsel and Validity of Package Plea Agreements in Howell v. State of Tennessee

Date: Mar 17, 2006

Supreme Court of Tennessee Upholds Standards for Effective Assistance of Counsel and Validity of Package Plea Agreements in Howell v. State of Tennessee Introduction Howell v. State of Tennessee, 185...

Affirmation of Proper Use of Peremptory Challenges Under Batson: STATE of Tennessee v. Stephen Lynn Hugueley

Date: Mar 16, 2006

Affirmation of Proper Use of Peremptory Challenges Under Batson: STATE of Tennessee v. Stephen Lynn Hugueley Introduction In the landmark case of STATE of Tennessee v. Stephen Lynn Hugueley, the...

Establishing Causation in Workers' Compensation: Glisson v. Mohon International and the Invalidation of Local Deposition Rules

Date: Mar 14, 2006

Establishing Causation in Workers' Compensation: Glisson v. Mohon International and the Invalidity of Local Deposition Rules Introduction Misty Michelle Glisson v. Mohon International, Inc./Campbell...

STATE of Tennessee v. Charles Rice: Affirmation of Death Penalty Based on Aggravated Murder and Evidentiary Standards

Date: Feb 23, 2006

STATE of Tennessee v. Charles Rice: Affirmation of Death Penalty Based on Aggravated Murder and Evidentiary Standards Introduction In the pivotal case of STATE of Tennessee v. Charles Rice, the...

Prospective Application of Statute of Repose in Medical Malpractice Cases Established

Date: Feb 22, 2006

Prospective Application of Statute of Repose in Medical Malpractice Cases Established Introduction The case of Kaitlyn CALAWAY ex rel. Kathleen CALAWAY v. Jodi SCHUCKER, M.D. addresses a pivotal...

Reaffirmation of Defendant's Right to Jury Instructions on Lesser-Included Offenses under Tennessee Code § 40-18-110(c)

Date: Feb 9, 2006

Reaffirmation of Defendant's Right to Jury Instructions on Lesser-Included Offenses under Tennessee Code § 40-18-110(c) Introduction State of Tennessee v. Robert Page, 184 S.W.3d 223, adjudicated by...

State v. Wiley: Supreme Court of Tennessee Reaffirms Standards for Lesser-Included Offense Instructions and Counsel Effectiveness

Date: Jan 27, 2006

State v. Wiley: Supreme Court of Tennessee Reaffirms Standards for Lesser-Included Offense Instructions and Counsel Effectiveness Introduction The case of William Glenn Wiley v. State of Tennessee...

After-Acquired Evidence in Employment Contracts: Tennessee Supreme Court Establishes Preponderance Standard

Date: Nov 30, 2005

After-Acquired Evidence in Employment Contracts: Tennessee Supreme Court Establishes Preponderance Standard Introduction The case of Eric Teter v. Republic Parking System, Inc. (181 S.W.3d 330)...

Clear and Convincing Evidence Standard in Parental Rights Termination: Analysis of In the Matter of M.A.R. and J.S.R.

Date: Nov 22, 2005

Clear and Convincing Evidence Standard in Parental Rights Termination: Analysis of In the Matter of M.A.R. and J.S.R. Introduction The case of In the Matter of M.A.R. and J.S.R., Children Under 18...

Reinforcing Clear Standards for Termination of Parental Rights Based on Abandonment and Incarceration: In Re AUDREY S. and VICTORIA L.

Date: Nov 8, 2005

Reinforcing Clear Standards for Termination of Parental Rights Based on Abandonment and Incarceration: In Re AUDREY S. and VICTORIA L. Introduction The case In re AUDREY S. Victoria L. (182 S.W.3d...

Reliability of Expert Testimony in Products Liability: Brown v. Crown Equipment Corp.

Date: Oct 28, 2005

Reliability of Expert Testimony in Products Liability: Brown v. Crown Equipment Corp. Introduction In Charles Brown, et al. v. Crown Equipment Corporation, 181 S.W.3d 268 (Tenn. 2005), the Supreme...

Tennessee Supreme Court Upholds Lethal Injection Protocol's Constitutionality in Abdur'Rahman Case

Date: Oct 18, 2005

Tennessee Supreme Court Upholds Lethal Injection Protocol's Constitutionality in Abdur'Rahman Case Introduction The case of Abu-Ali Abdur'Rahman v. Phil Bredesen, et al. (181 S.W.3d 292) was...