Tennessee Case Commentaries

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

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

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

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

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

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

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

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

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

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

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

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...

State of Tennessee v. John Michael Bane: Corroboration of Accomplice Testimony and Proportionality in Capital Sentencing

Date: Jul 4, 2001

State of Tennessee v. John Michael Bane: Corroboration of Accomplice Testimony and Proportionality in Capital Sentencing Introduction State of Tennessee v. John Michael Bane is a landmark decision by...

Clarifying Sentencing Enhancements in Aggravated Crimes: State v. Arnett

Date: Jul 4, 2001

Clarifying Sentencing Enhancements in Aggravated Crimes: State of Tennessee v. Arnett Introduction The State of Tennessee v. Adrian R. Arnett case, adjudicated by the Supreme Court of Tennessee in...

Ratification of Insurance Contracts: Insights from Randall D. Webber, Jr. v. State Farm Mutual Automobile Insurance Company

Date: Jul 4, 2001

Ratification of Insurance Contracts: Insights from Randall D. Webber, Jr. v. State Farm Mutual Automobile Insurance Company Introduction Randall D. Webber, Jr. v. State Farm Mutual Automobile...

Establishing Lesser-Included Offenses in Felony Murder: Tennessee Supreme Court's Landmark Decision

Date: Jun 6, 2001

Establishing Lesser-Included Offenses in Felony Murder: Tennessee Supreme Court's Landmark Decision Introduction The Supreme Court of Tennessee's decision in State of Tennessee v. Curtis Jason Ely et...

Affirmation of Death Sentence in Felony Murder: Corroboration Requirements and Hearsay Exceptions

Date: May 25, 2001

Affirmation of Death Sentence in Felony Murder: Corroboration Requirements and Hearsay Exceptions Introduction State of Tennessee v. James P. Stout (46 S.W.3d 689) is a significant case adjudicated...

Enforcement of Indefinite Contract Terms in Healthcare Agreements: Jane Doe v. HCA Donelson Hospital

Date: May 25, 2001

Enforcement of Indefinite Contract Terms in Healthcare Agreements: Jane Doe v. HCA Donelson Hospital Introduction The case of Jane Doe, et al. v. HCA Health Services of Tennessee, Inc., d/b/a HCA...

Balancing Screening Procedures and Appearance of Impropriety: Insights from Clinard v. Blackwood

Date: May 19, 2001

Balancing Screening Procedures and Appearance of Impropriety: Insights from Clinard v. Blackwood Introduction The case of John M. Clinard, et al. v. Roger Blackwood, et al. (46 S.W.3d 177)...

Establishing the Right to Confidential Informant Disclosure in Post-Conviction Relief: Danny Ray House v. State of Tennessee

Date: May 17, 2001

Establishing the Right to Confidential Informant Disclosure in Post-Conviction Relief: Danny Ray House v. State of Tennessee Introduction Danny Ray House v. State of Tennessee is a pivotal case...