Tennessee Case Commentaries

Serrano v. State of Tennessee: Clarifying the Scope of Waivers in Post-Conviction Relief

Date: Apr 23, 2004

Serrano v. State of Tennessee: Clarifying the Scope of Waivers in Post-Conviction Relief Introduction Oscar A. Serrano v. State of Tennessee, 133 S.W.3d 599 (Tenn. 2004), is a pivotal case...

Termination of Parental Rights under Tenn. Code Ann. § 36-1-113: A Comprehensive Analysis of In re M.J.B. M.W.S., JR.

Date: Apr 9, 2004

Termination of Parental Rights under Tenn. Code Ann. § 36-1-113: A Comprehensive Analysis of In re M.J.B. M.W.S., JR. Introduction The case of In re M.J.B. M.W.S., JR. (140 S.W.3d 643) adjudicated by...

Jurisdiction and Public Records Disposal in State v. F. Chris Cawood

Date: Mar 23, 2004

Jurisdiction and Public Records Disposal in State v. F. Chris Cawood Introduction State of Tennessee v. F. Chris Cawood, 134 S.W.3d 159 (2004), adjudicated by the Supreme Court of Tennessee at...

Constructive Notice in Tennessee Premises Liability: Blair v. West Town Mall Establishes New Standards

Date: Mar 12, 2004

Constructive Notice in Tennessee Premises Liability: Blair v. West Town Mall Establishes New Standards Introduction In the landmark case Shamery Blair and Titus Blair v. West Town Mall, 130 S.W.3d...

Standing and Jurisdiction in Termination of Parental Rights: Insights from Osborn v. Marr

Date: Jan 24, 2004

Standing and Jurisdiction in Termination of Parental Rights: Insights from Osborn v. Marr Introduction Christy Renee Osborn v. Justin Chandler Marr, 127 S.W.3d 737, adjudicated by the Supreme Court...

Intentional Infliction of Emotional Distress: GINNIE LEACH v. TIM TAYLOR and LARRY TAYLOR

Date: Jan 21, 2004

Establishing the Application of the Discovery Rule in Intentional Infliction of Emotional Distress Claims: Insights from GINNIE LEACH v. TIM TAYLOR and LARRY TAYLOR Introduction The landmark case...

Defining Effective Appellate Counsel: Insights from Carpenter v. State of Tennessee

Date: Jan 14, 2004

Defining Effective Appellate Counsel: Insights from Carpenter v. State of Tennessee Introduction Carpenter v. State of Tennessee is a pivotal case adjudicated by the Supreme Court of Tennessee in...

Presumption of Prejudice in Delayed Appeals for Ineffective Assistance of Counsel: Donald Wallace v. State of Tennessee

Date: Dec 24, 2003

Presumption of Prejudice in Delayed Appeals for Ineffective Assistance of Counsel: Donald Wallace v. State of Tennessee Introduction Donald Wallace v. State of Tennessee, 121 S.W.3d 652 (Tenn. 2003),...

Three-Year Statute of Limitations for Negligence in Non-Medical Laboratory Testing: Gunter v. LabCorp

Date: Dec 20, 2003

Three-Year Statute of Limitations for Negligence in Non-Medical Laboratory Testing: Gunter v. LabCorp Introduction Stanley A. Gunter v. Laboratory Corporation of America d/b/a LabCorp, et al. is a...

Flannary v. Flannary: Reclassification of Missing Funds and Consideration of Financial Responsibility in Marital Property Division

Date: Dec 17, 2003

Flannary v. Flannary: Reclassification of Missing Funds and Consideration of Financial Responsibility in Marital Property Division Introduction Flannary v. Flannary, 121 S.W.3d 647 (Tenn. 2003), is a...

Affirmation of Guilty Plea Validity Despite Partial Disclosure of Parole Criteria in Sex Offense Cases

Date: Dec 6, 2003

Affirmation of Guilty Plea Validity Despite Partial Disclosure of Parole Criteria in Sex Offense Cases Introduction CLESSIE JACO, JR. v. STATE OF TENNESSEE, 120 S.W.3d 828 (Tenn. 2003), presents a...

Clarifying Time Limits for Workers' Compensation Reconsideration: Perrin v. Gaylord Entertainment Co.

Date: Dec 6, 2003

Clarifying Time Limits for Workers' Compensation Reconsideration: Perrin v. Gaylord Entertainment Co. Introduction Perrin v. Gaylord Entertainment Co. is a pivotal case adjudicated by the Supreme...

Waiver of Insurance Policy Provisions and Direct Insurer Actions: Insights from Peggy Gaston v. Tennessee Farmers Mutual Insurance Company

Date: Nov 8, 2003

Waiver of Insurance Policy Provisions and Direct Insurer Actions: Insights from Peggy Gaston v. Tennessee Farmers Mutual Insurance Company Introduction Peggy Gaston v. Tennessee Farmers Mutual...

Establishing Finality of Intestacy Orders in Probate Appeals: Henderson v. Henderson

Date: Nov 5, 2003

Establishing Finality of Intestacy Orders in Probate Appeals: Henderson v. Henderson Introduction Henderson v. Henderson is a seminal case adjudicated by the Supreme Court of Tennessee in 2003. The...

Attempted Aggravated Criminal Trespass as a Lesser-Included Offense in Tennessee v. Terry

Date: Oct 31, 2003

Attempted Aggravated Criminal Trespass as a Lesser-Included Offense in State of Tennessee v. Terry Introduction State of Tennessee v. Reginald D. Terry is a pivotal case adjudicated by the Supreme...

Ensuring Due Process in Plea Agreements: Tennessee v. Mellon Commentary

Date: Oct 31, 2003

Ensuring Due Process in Plea Agreements: Tennessee v. Mellon Introduction STATE OF TENNESSEE v. JAMES A. MELLON, adjudicated by the Supreme Court of Tennessee in Knoxville on October 30, 2003,...

Termination of Parental Rights: Moore v. Davis Establishes Correct Computation Period for Abandonment

Date: Oct 21, 2003

Termination of Parental Rights: Moore v. Davis Establishes Correct Computation Period for Abandonment Introduction The case of In the Matter of D.L.B., A Minor. (No. W2001-02245-SC-R11-CV)...

Affirmation of Death Sentence Based on Circumstantial Evidence: The State of Tennessee v. Jerry Ray Davidson

Date: Oct 21, 2003

Affirmation of Death Sentence Based on Circumstantial Evidence: The State of Tennessee v. Jerry Ray Davidson Introduction State of Tennessee v. Jerry Ray Davidson is a landmark decision by the...

Unlawful Traffic Stop Leads to Suppression of Evidence in State v. Garcia

Date: Oct 2, 2003

Unlawful Traffic Stop Leads to Suppression of Evidence in State v. Garcia Introduction In the landmark case State of Tennessee v. Gonzalo Moran Garcia, decided by the Supreme Court of Tennessee in...

Timeliness of Post-Trial Motions Under Tennessee Rule 58: Insights from Binkley v. Medling

Date: Oct 1, 2003

Timeliness of Post-Trial Motions Under Tennessee Rule 58: Insights from Binkley v. Medling Introduction Michael G. Binkley, et al. v. Rodney Trevor Medling, et al., 117 S.W.3d 252 (Tenn. 2003),...