Tennessee Case Commentaries

Affirmation of Felony Murder Conviction and Death Sentence in State of Tennessee v. Andrew Thomas

Date: Mar 5, 2005

Affirmation of Felony Murder Conviction and Death Sentence in State of Tennessee v. Andrew Thomas Introduction State of Tennessee v. Andrew Thomas is a landmark case adjudicated by the Supreme Court...

Clarifying Diminished Capacity and Jury Instruction Standards in Tennessee Capital Murder Convictions

Date: Jan 29, 2005

Clarifying Diminished Capacity and Jury Instruction Standards in Tennessee Capital Murder Convictions Introduction The case of STATE of Tennessee v. Robert Faulkner presents pivotal clarifications in...

Reckless Infliction of Emotional Distress: John Doe v. Roman Catholic Diocese of Nashville

Date: Jan 19, 2005

Reckless Infliction of Emotional Distress: A Landmark Decision in Tennessee Introduction In the case of John DOE 1 ex rel. Jane DOE 1, et al. v. Roman Catholic Diocese of Nashville, et al. (154...

Imputation of Corporate Retained Earnings in Child Support Calculations - Fezell v. Fezell

Date: Jan 15, 2005

Imputation of Corporate Retained Earnings in Child Support Calculations Introduction The case of Angela D. (Fezell) Taylor v. Douglas Fezell, decided on January 14, 2005, by the Supreme Court of...

Ownership Exemption for Uncompensated Agents Affirmed in BOSTIC v. DALTON

Date: Jan 8, 2005

Ownership Exemption for Uncompensated Agents Affirmed in BOSTIC v. DALTON Introduction The case of Jackie Bostic v. Paul Dalton, et al. was adjudicated by the Supreme Court of Tennessee on January 7,...

Unified Motion for New Trial in Concurrent Convictions: Upholding Timeliness Standards in STATE of Tennessee v. Shawn Rafael BOUGH

Date: Dec 4, 2004

Unified Motion for New Trial in Concurrent Convictions: Upholding Timeliness Standards in STATE of Tennessee v. Shawn Rafael BOUGH Introduction STATE of Tennessee v. Shawn Rafael BOUGH (152 S.W.3d...

Industrial Machinery Exemption Expanded: Eastman Chemical Co. v. Commissioner of Revenue

Date: Nov 25, 2004

Industrial Machinery Exemption Expanded: Eastman Chemical Co. v. Commissioner of Revenue Introduction Eastman Chemical Company v. Ruth E. Johnson, Commissioner of Revenue, 151 S.W.3d 503 (Tenn....

Colorable Claim Standard Established for Mental Retardation Claims in Post-Conviction Relief

Date: Nov 17, 2004

Colorable Claim Standard Established for Mental Retardation Claims in Post-Conviction Relief Introduction The case of Michael Wayne Howell v. State of Tennessee, adjudicated by the Supreme Court of...

Affirmation of Death Sentence Based on Criminal Responsibility in Gang-Related Murder

Date: Sep 29, 2004

Affirmation of Death Sentence Based on Criminal Responsibility in Gang-Related Murder Introduction The case of STATE of Tennessee v. Gregory ROBINSON (146 S.W.3d 469) before the Supreme Court of...

Hickman v. State of Tennessee: Strict Compliance with Habeas Corpus Procedures Affirmed

Date: Sep 23, 2004

Hickman v. State of Tennessee: Strict Compliance with Habeas Corpus Procedures Affirmed Introduction Hickman v. State of Tennessee is a pivotal case adjudicated by the Supreme Court of Tennessee on...

Lourcey v. Estate of Charles Scarlett: Affirmation of Intentional and Negligent Infliction of Emotional Distress Claims Without Close Relationship Requirement in Tennessee

Date: Sep 9, 2004

Lourcey v. Estate of Charles Scarlett: Affirmation of Intentional and Negligent Infliction of Emotional Distress Claims Without Close Relationship Requirement in Tennessee Introduction Lourcey v....

Affirmation of Death Sentence: Standards of Aggravating Circumstances and Proportionality in STATE of Tennessee v. Robert L. Leach, Jr.

Date: Sep 9, 2004

Affirmation of Death Sentence: Standards of Aggravating Circumstances and Proportionality in STATE of Tennessee v. Robert L. Leach, Jr. Introduction In the landmark case of STATE of Tennessee v....

Enforceability of Arbitration Clauses under the Federal Arbitration Act: Insights from Sharon Taylor v. Douglas Butler and City Auto Sales

Date: Sep 1, 2004

Enforceability of Arbitration Clauses under the Federal Arbitration Act: Insights from Sharon Taylor v. Douglas Butler and City Auto Sales Introduction In the landmark case Sharon Taylor v. Douglas...

Retroactive Application of Parental Termination Statutes: Supreme Court of Tennessee's Landmark Decision in D.A.H. v. Cope

Date: Aug 28, 2004

Retroactive Application of Parental Termination Statutes: Supreme Court of Tennessee's Landmark Decision in D.A.H. v. Cope Introduction The case of In the Matter of D.A.H., DOB 12/11/00, a Child...

State v. Berry: Upholding Tennessee's Capital Sentencing Procedures and Indictment Sufficiency

Date: Aug 24, 2004

State v. Berry: Upholding Tennessee's Capital Sentencing Procedures and Indictment Sufficiency Introduction State of Tennessee v. Gdongalay P. Berry is a pivotal case adjudicated by the Supreme Court...

Reevaluation of Reckless Aggravated Assault and Double Jeopardy Protections in STATE of Tennessee v. Tracy Lorenzo Goodwin

Date: Jun 17, 2004

Reevaluation of Reckless Aggravated Assault and Double Jeopardy Protections in STATE of Tennessee v. Tracy Lorenzo Goodwin Introduction STATE of Tennessee v. Tracy Lorenzo Goodwin, decided on June...

Rebutting the Presumption of Causation in Workers’ Compensation: Bohanian v. City of Knoxville

Date: Jun 17, 2004

Rebutting the Presumption of Causation in Workers’ Compensation: Bohanian v. City of Knoxville Introduction Arthur M. Bohanian v. City of Knoxville is a seminal case adjudicated by the Supreme Court...

Retrospective Application of Statutory Amendments in Capital Sentencing: Insights from STATE OF TENNESSEE v. RICHARD ODOM

Date: May 22, 2004

Retrospective Application of Statutory Amendments in Capital Sentencing: Insights from STATE OF TENNESSEE v. RICHARD ODOM Introduction STATE OF TENNESSEE v. RICHARD ODOM, a/k/a OTIS SMITH is a...

Overruling GRAY v. FORD MOTOR CO.: No Comparative Fault Against Patients in Medical Malpractice Cases in Tennessee

Date: May 4, 2004

Overruling GRAY v. FORD MOTOR CO.: No Comparative Fault Against Patients in Medical Malpractice Cases in Tennessee Introduction The case of Sally Qualls Mercer, et al. v. Vanderbilt University, Inc.,...

Tennessee Supreme Court Clarifies Enforceability of Postnuptial Agreements: Emphasis on Consideration

Date: May 1, 2004

Tennessee Supreme Court Clarifies Enforceability of Postnuptial Agreements: Emphasis on Consideration Introduction The case of Cynthia Lee Bratton v. Michael Wayne Bratton (136 S.W.3d 595)...