Tennessee Case Commentaries

Immunity in Child Abuse Reporting: Draper v. Westerfield Establishes Critical Legal Standard

Date: Oct 13, 2005

Immunity in Child Abuse Reporting: Draper v. Westerfield Establishes Critical Legal Standard Introduction The case of Angela Kamille Draper, as Parent, Survivor, and Next Friend of Bryanna Faith...

Establishing Legal Maternity in Assisted Reproduction: Insights from In re C.K.G., C.A.G., C.L.G.

Date: Oct 7, 2005

Establishing Legal Maternity in Assisted Reproduction: Insights from In re C.K.G., C.A.G., C.L.G. Introduction The case of In re C.K.G., C.A.G., C.L.G. (173 S.W.3d 714, 2005) adjudicated by the...

Tennessee Supreme Court Abolishes Second Degree Murder Presumption in Criminal Homicide Cases

Date: Sep 30, 2005

Tennessee Supreme Court Abolishes Second Degree Murder Presumption in Criminal Homicide Cases Introduction In State of Tennessee v. Vincent Jackson (173 S.W.3d 401), the Supreme Court of Tennessee...

Clarifying Governmental Immunity: Limited to Intentional Infliction of Emotional Distress under the GTLA

Date: Sep 14, 2005

Clarifying Governmental Immunity: Limited to Intentional Infliction of Emotional Distress under the GTLA Introduction Thomas Sallee v. Tyler Barrett, 171 S.W.3d 822 (Tenn. 2005), is a landmark case...

Voluntariness of Consent in Off-Site Searches During Lawful Traffic Stops: Analysis of STATE of Tennessee v. Kimberly Jeannine Cox

Date: Aug 27, 2005

Voluntariness of Consent in Off-Site Searches During Lawful Traffic Stops: Analysis of STATE of Tennessee v. Kimberly Jeannine Cox Introduction The case of STATE of Tennessee v. Kimberly Jeannine Cox...

Freeman Industries v. Eastman Chemical Co.: Indirect Purchaser Rights and Unjust Enrichment under Tennessee Trade Practices Act

Date: Aug 26, 2005

Freeman Industries v. Eastman Chemical Co.: Indirect Purchaser Rights and Unjust Enrichment under Tennessee Trade Practices Act Introduction Freeman Industries, LLC v. Eastman Chemical Company, et...

Establishing Duty of Care for Convenience Store Employees in Gasoline Sales to Intoxicated Drivers

Date: Aug 19, 2005

Establishing Duty of Care for Convenience Store Employees in Gasoline Sales to Intoxicated Drivers Introduction In the landmark case of Gary L. West, et al. v. East Tennessee Pioneer Oil Co. d/b/a...

Withdrawal of Nolo Contendere Plea When Plea Isn't Voluntary, Knowing, and Understanding: Insights from STATE of Tennessee v. Anthony Crowe

Date: Aug 17, 2005

Withdrawal of Nolo Contendere Plea When Plea Isn't Voluntary, Knowing, and Understanding: Insights from STATE of Tennessee v. Anthony Crowe Introduction STATE of Tennessee v. Anthony Crowe (168...

Clarification on Concurrent Sentencing under Tennessee Rule 32(c)(3) in Rickey Hogan v. Da

Date: Jul 26, 2005

Clarification on Concurrent Sentencing under Tennessee Rule 32(c)(3) in Rickey Hogan v. Da Introduction Rickey Hogan v. Da is a pivotal case decided by the Supreme Court of Tennessee on July 25,...

Landowner's Duty in Maintaining Adjacent Sidewalks: Shirley Hale v. Erwin Ostrow

Date: Jul 2, 2005

Landowner's Duty in Maintaining Adjacent Sidewalks: Shirley Hale v. Erwin Ostrow Introduction The case of Shirley Hale v. Erwin Ostrow, et al. (166 S.W.3d 713) adjudicated by the Supreme Court of...

Defining the Scope of Release Eligibility: Community Corrections versus Confinement in Tennessee Law - State v. Sutton

Date: Jul 1, 2005

Defining the Scope of Release Eligibility: Community Corrections versus Confinement in Tennessee Law - State v. Sutton Introduction State of Tennessee v. Amy Denise Sutton, 166 S.W.3d 686 (Tenn....

Strict Interpretation of Tennessee Rule of Evidence 606(b) in Walsh v. State of Tennessee

Date: Jun 25, 2005

Strict Interpretation of Tennessee Rule of Evidence 606(b) in Walsh v. State of Tennessee Introduction Walsh v. State of Tennessee (166 S.W.3d 641) is a pivotal case adjudicated by the Supreme Court...

STATE of Tennessee v. Reid: Defining Competency Burden and Affirming Capital Sentencing Standards

Date: May 25, 2005

STATE of Tennessee v. Reid: Defining Competency Burden and Affirming Capital Sentencing Standards Introduction In the landmark case STATE of Tennessee v. Paul Dennis Reid, Jr. (164 S.W.3d 286), the...

Comprehensive Commentary on STATE of Tennessee v. Edwin GOMEZ and Jonathan S. Londono

Date: May 19, 2005

STATE of Tennessee v. Edwin GOMEZ and Jonathan S. Londono: A Landmark Analysis on Sixth Amendment Rights and Sentencing Procedures Introduction STATE of Tennessee v. Edwin GOMEZ and Jonathan S....

Establishing Aggravating Factors for Death Penalty: Killing to Avoid Arrest for Unrelated Crimes

Date: Apr 28, 2005

Establishing Aggravating Factors for Death Penalty: Killing to Avoid Arrest for Unrelated Crimes Introduction STATE of Tennessee v. Steven Ray Thacker, 164 S.W.3d 208 (Tenn. 2005), is a landmark...

Enforceability of Unexecuted Brokerage Agreements and the 'Occupancy' Requirement in Lease Contracts: Staubach v. H.G. Hill Realty

Date: Apr 22, 2005

Enforceability of Unexecuted Brokerage Agreements and the 'Occupancy' Requirement in Lease Contracts: Staubach v. H.G. Hill Realty Introduction The case of Staubach Retail Services-Southeast, LLC v....

Duty of Care for Adult Hosts at Underage Alcohol-Consuming Parties and Statutory Immunity under Tennessee Law: Biscan v. Brown

Date: Mar 31, 2005

Duty of Care for Adult Hosts at Underage Alcohol-Consuming Parties and Statutory Immunity under Tennessee Law: Biscan v. Brown Introduction Jennifer L. Biscan v. Franklin H. Brown, et al. is a...

Termination of Parental Rights in the Best Interests of the Child: Insights from White v. Moody

Date: Mar 22, 2005

Termination of Parental Rights in the Best Interests of the Child: Insights from White v. Moody Introduction White v. Moody is a landmark decision by the Court of Appeals of Tennessee, adjudicated on...

Unlawful Entry Does Not Preclude Evidence Preservation: Insights from STATE of Tennessee v. William Timothy Carter

Date: Mar 19, 2005

Unlawful Entry Does Not Preclude Evidence Preservation: Insights from STATE of Tennessee v. William Timothy Carter Introduction The case of STATE of Tennessee v. William Timothy Carter, et al. (160...

Determining 'Insured' Status for Uninsured Motorist Coverage: Christenberry v. Tipton

Date: Mar 18, 2005

Determining 'Insured' Status for Uninsured Motorist Coverage: Christenberry v. Tipton Introduction Judith Christenberry appealed a decision from the Supreme Court of Tennessee challenging the denial...