Tennessee Case Commentaries

State of Tennessee v. Randolph: Affirming 'Totality of the Circumstances' in Seizure Analysis

Date: May 4, 2002

State of Tennessee v. Randolph: Affirming 'Totality of the Circumstances' in Seizure Analysis Introduction State of Tennessee v. Perry Thomas Randolph, 74 S.W.3d 330 (Tenn. 2002), is a pivotal case...

Unrestricted Power of Attorney Does Not Constitute a Confidential Relationship: Childress v. Currie

Date: May 4, 2002

Unrestricted Power of Attorney Does Not Constitute a Confidential Relationship: Childress v. Currie Introduction In the landmark case of Billy Joe Childress v. Natasha Barnes Currie, et al. (74...

Comprehensive Evaluation for Rehabilitative Alimony Under Tennessee Code § 36-5-101(d)(1)

Date: Apr 5, 2002

Comprehensive Evaluation for Rehabilitative Alimony Under Tennessee Code § 36-5-101(d)(1) Introduction The case of Gary Wayne Robertson v. Lori Vanhooser Robertson (76 S.W.3d 337) adjudicated by the...

Richards v. Liberty Mutual: Upholding Trial Court’s Discretion in Assessing Credibility and Burden of Proof in Workers' Compensation

Date: Mar 27, 2002

Richards v. Liberty Mutual: Upholding Trial Court’s Discretion in Assessing Credibility and Burden of Proof in Workers' Compensation Introduction Richards v. Liberty Mutual Insurance Company is a...

Tennessee Supreme Court Establishes Tortious Interference with Business Relationships and Limits Intracorporate Civil Conspiracy Claims

Date: Mar 26, 2002

Tennessee Supreme Court Establishes Tortious Interference with Business Relationships and Limits Intracorporate Civil Conspiracy Claims Introduction The Tennessee Supreme Court delivered a pivotal...

Vicarious Liability of Insurers and Insureds for Attorneys' Tortious Acts

Date: Mar 26, 2002

Vicarious Liability of Insurers and Insureds for Attorneys' Tortious Acts Introduction In the case of Connie Jean Givens v. E.D. Mullikin, et al., the Supreme Court of Tennessee addressed a pivotal...

Strict Compliance with Rule 3 and Rule 41.01 Essential for Tolling Statute of Limitations: Frye v. Blue Ridge Neuroscience Center

Date: Mar 12, 2002

Strict Compliance with Rule 3 and Rule 41.01 Essential for Tolling Statute of Limitations: Frye v. Blue Ridge Neuroscience Center Introduction In Ernest J. Frye v. Blue Ridge Neuroscience Center,...

Supreme Court of Tennessee Limits Enhancement Factors in Aggravated Assault Sentencing in State v. Imfeld

Date: Mar 12, 2002

Supreme Court of Tennessee Limits Enhancement Factors in Aggravated Assault Sentencing in State of Tennessee v. Sean Eric Imfeld Introduction State of Tennessee v. Sean Eric Imfeld (70 S.W.3d 698) is...

Application of the Common Fund Doctrine in Wrongful Death Actions: Kline v. Eyrich

Date: Mar 2, 2002

Application of the Common Fund Doctrine in Wrongful Death Actions: Kline v. Eyrich Introduction The case of Tammy L.M. Kline v. Daniel P. Eyrich, decided by the Supreme Court of Tennessee in 2002,...

Pointing a Deadly Weapon Constitutes 'Violence' in Robbery and Mandates Lesser-Included Offense Instructions: Analysis of State v. Allen

Date: Feb 23, 2002

Pointing a Deadly Weapon Constitutes 'Violence' in Robbery and Mandates Lesser-Included Offense Instructions: Analysis of State v. Allen Introduction In State of Tennessee v. Walter Lee Allen, the...

Establishing Work-Related Injury and Notice Compliance in Workers' Compensation: The Whirlpool v. Nakhoneinh Precedent

Date: Jan 29, 2002

Establishing Work-Related Injury and Notice Compliance in Workers' Compensation: The Whirlpool v. Nakhoneinh Precedent Introduction In Whirlpool Corporation v. Ketkeo Nakhoneinh (69 S.W.3d 164), the...

State of Tennessee v. John R. Farner, Jr.: Clarifying the Co-Perpetrator Rule and Proximate Cause in Criminally Negligent Homicide

Date: Dec 12, 2001

State of Tennessee v. John R. Farner, Jr.: Clarifying the Co-Perpetrator Rule and Proximate Cause in Criminally Negligent Homicide Introduction In State of Tennessee v. John R. Farner, Jr. (66 S.W.3d...

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

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

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.

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

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

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

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

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....