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  • Commentaries
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Tennessee Case Commentaries

Execution of Mentally Retarded Individuals: A New Tennessee Constitutional Standard

Execution of Mentally Retarded Individuals: A New Tennessee Constitutional Standard

Date: Dec 5, 2001
Execution of Mentally Retarded Individuals: A New Tennessee Constitutional Standard Introduction Heck VAN TRAN v. STATE of Tennessee, 66 S.W.3d 790, adjudicated by the Supreme Court of Tennessee in...
Affirmation and Partial Reversal in STATE OF TENNESSEE v. BOBBY G. GODSEY: Implications for Felony Murder and Comparative Proportionality

Affirmation and Partial Reversal in STATE OF TENNESSEE v. BOBBY G. GODSEY: Implications for Felony Murder and Comparative Proportionality

Date: Nov 30, 2001
Affirmation and Partial Reversal in STATE OF TENNESSEE v. BOBBY G. GODSEY: Implications for Felony Murder and Comparative Proportionality Introduction In the landmark case of STATE OF TENNESSEE v....
Bogan v. Bogan: Establishing the Reasonableness of Retirement in Spousal Support Modifications

Bogan v. Bogan: Establishing the Reasonableness of Retirement in Spousal Support Modifications

Date: Nov 9, 2001
Bogan v. Bogan: Establishing the Reasonableness of Retirement in Spousal Support Modifications Introduction The case of Richard Thomas Bogan v. Doris Mae Bogan (60 S.W.3d 721) adjudicated by the...
Establishing Competency and Challenging Undue Influence in Life Insurance Beneficiary Changes: Rawlings v. John Hancock Life Insurance Co.

Establishing Competency and Challenging Undue Influence in Life Insurance Beneficiary Changes: Rawlings v. John Hancock Life Insurance Co.

Date: Nov 3, 2001
Establishing Competency and Challenging Undue Influence in Life Insurance Beneficiary Changes: Rawlings v. John Hancock Life Insurance Co. Introduction The case of Arthur L. Rawlings, Jr. v. The John...
Habeas Corpus Relief Mandated for Void Sentences: McLaney v. Bell

Habeas Corpus Relief Mandated for Void Sentences: McLaney v. Bell

Date: Oct 31, 2001
Habeas Corpus Relief Mandated for Void Sentences: McLaney v. Bell Introduction McLaney v. Bell is a pivotal case decided by the Supreme Court of Tennessee on October 30, 2001. The appellant, Jackie...
Implied Arbitration Authority of County Boards of Education under Dillon's Rule

Implied Arbitration Authority of County Boards of Education under Dillon's Rule

Date: Oct 27, 2001
Implied Arbitration Authority of County Boards of Education under Dillon's Rule Introduction SOUTHERN CONSTRUCTORS, INC. v. LOUDON COUNTY BOARD OF EDUCATION, 58 S.W.3d 706 (Tenn. 2001), addresses a...
Limiting Governmental Immunity: CMC v. Limbaugh Establishes Liability for Negligent Oversight Under GTLA

Limiting Governmental Immunity: CMC v. Limbaugh Establishes Liability for Negligent Oversight Under GTLA

Date: Oct 17, 2001
Limiting Governmental Immunity: CMC v. Limbaugh Establishes Liability for Negligent Oversight Under GTLA Introduction The case of Eddie Brown Limbaugh, Executor of the Estate of Emma Ruth Limbaugh v....
Merger of Criminal Convictions and Due Process: Insights from STATE of Tennessee v. Joseph Darryl Taylor

Merger of Criminal Convictions and Due Process: Insights from STATE of Tennessee v. Joseph Darryl Taylor

Date: Oct 9, 2001
Merger of Criminal Convictions and Due Process: Insights from STATE of Tennessee v. Joseph Darryl Taylor Introduction STATE of Tennessee v. Joseph Darryl Taylor, 63 S.W.3d 400 (Tenn. Crim. App....
Exoneration Requirement for Criminal Legal Malpractice Claims: An In-Depth Analysis of Gibson v. Trant

Exoneration Requirement for Criminal Legal Malpractice Claims: An In-Depth Analysis of Gibson v. Trant

Date: Oct 6, 2001
Exoneration Requirement for Criminal Legal Malpractice Claims: An In-Depth Analysis of Gibson v. Trant Introduction The case of Johnie N. Gibson v. Douglas Trant, et al. (58 S.W.3d 103) adjudicated...
Clear and Convincing Evidence Required to Override Biological Parent Custody Rights in Tennessee

Clear and Convincing Evidence Required to Override Biological Parent Custody Rights in Tennessee

Date: Oct 6, 2001
Clear and Convincing Evidence Required to Override Biological Parent Custody Rights in Tennessee Introduction The case of Tonya Petrece Ray v. William Martin Ray adjudicated by the Court of Appeals...
Duty to Present Alternative Theories: Effective Assistance of Counsel in Child Abuse Cases - State v. Honeycutt

Duty to Present Alternative Theories: Effective Assistance of Counsel in Child Abuse Cases - State v. Honeycutt

Date: Sep 29, 2001
Duty to Present Alternative Theories: Effective Assistance of Counsel in Child Abuse Cases - State v. Honeycutt Introduction State of Tennessee v. Michael Shane Honeycutt is a landmark decision by...
Tennessee Supreme Court Clarifies Third-Party Beneficiary Doctrine in Owner-Operator v. Concord EFS

Tennessee Supreme Court Clarifies Third-Party Beneficiary Doctrine in Owner-Operator v. Concord EFS

Date: Sep 13, 2001
Tennessee Supreme Court Clarifies Third-Party Beneficiary Doctrine in Owner-Operator v. Concord EFS Introduction The case of Owner-Operator Independent Drivers Association, Inc., et al. v. Concord...
Unconstitutional Operation of Drivers' License Roadblocks Established in STATE OF TENNESSEE v. LARRY ALLEN HICKS

Unconstitutional Operation of Drivers' License Roadblocks Established in STATE OF TENNESSEE v. LARRY ALLEN HICKS

Date: Sep 12, 2001
Unconstitutional Operation of Drivers' License Roadblocks Established in STATE OF TENNESSEE v. LARRY ALLEN HICKS Introduction In the landmark case of STATE OF TENNESSEE v. LARRY ALLEN HICKS, the...
Aggravation of Pre-existing Conditions in Workers' Compensation: Tobitt v. Bridgestone/Firestone

Aggravation of Pre-existing Conditions in Workers' Compensation: Tobitt v. Bridgestone/Firestone

Date: Aug 30, 2001
Aggravation of Pre-existing Conditions in Workers' Compensation: Tobitt v. Bridgestone/Firestone Introduction MARGARET TOBITT v. BRIDGESTONE/FIRESTONE, INC., 59 S.W.3d 57 (Tenn. 2001), is a landmark...
Recognition and Parameters of the Tort of False Light Invasion of Privacy in Tennessee

Recognition and Parameters of the Tort of False Light Invasion of Privacy in Tennessee

Date: Aug 24, 2001
Recognition and Parameters of the Tort of False Light Invasion of Privacy in Tennessee Introduction Charmaine West, et al. v. Media General Convergence, Inc., et al. (53 S.W.3d 640) is a pivotal case...
Tennessee Supreme Court Clarifies Election of Offenses in Sexual Battery Cases

Tennessee Supreme Court Clarifies Election of Offenses in Sexual Battery Cases

Date: Aug 23, 2001
Tennessee Supreme Court Clarifies Election of Offenses in Sexual Battery Cases Introduction In State of Tennessee v. Robert Derrick Johnson (53 S.W.3d 628), the Supreme Court of Tennessee addressed...
Legal Principles on Lesser-Included Offense Instructions and Evidential Sufficiency in Aggravated Rape Cases: Tennessee Supreme Court in State v. Bowles

Legal Principles on Lesser-Included Offense Instructions and Evidential Sufficiency in Aggravated Rape Cases: Tennessee Supreme Court in State v. Bowles

Date: Aug 1, 2001
Legal Principles on Lesser-Included Offense Instructions and Evidential Sufficiency in Aggravated Rape Cases: Tennessee Supreme Court in State v. Bowles Introduction The case of State of Tennessee v....
Application of Rule 15.03 to Governmental Entities under the Tennessee Governmental Tort Liability Act

Application of Rule 15.03 to Governmental Entities under the Tennessee Governmental Tort Liability Act

Date: Jul 10, 2001
Application of Rule 15.03 to Governmental Entities under the Tennessee Governmental Tort Liability Act Introduction The case of Edgar Forrest Doyle et al. v. Charles Frost, M.D., et al. (49 S.W.3d...
Non-Delegable Duty of Certificate of Need Holder Established in Scott v. Ashland Healthcare Center

Non-Delegable Duty of Certificate of Need Holder Established in Scott v. Ashland Healthcare Center

Date: Jul 10, 2001
Non-Delegable Duty of Certificate of Need Holder Established in Scott v. Ashland Healthcare Center Introduction The case of Wanda Cary Scott v. Ashland Healthcare Center, Inc., et al., decided by the...
Loss of Privacy Expectation through Ownership Disclaimer in STATE OF TENNESSEE v. PETER ALLEN ROSS

Loss of Privacy Expectation through Ownership Disclaimer in STATE OF TENNESSEE v. PETER ALLEN ROSS

Date: Jul 10, 2001
Loss of Privacy Expectation through Ownership Disclaimer in STATE OF TENNESSEE v. PETER ALLEN ROSS Introduction STATE OF TENNESSEE v. PETER ALLEN ROSS, 49 S.W.3d 833, adjudicated by the Supreme Court...
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