Tennessee Case Commentaries

Appellate Review Standards for Ineffective Assistance of Counsel Affirmed in State v. Fields

Date: Feb 21, 2001

Appellate Review Standards for Ineffective Assistance of Counsel Affirmed in State v. Fields Introduction Jehiel Fields v. State of Tennessee, 40 S.W.3d 450 (Tenn. 2001), is a pivotal case decided by...

Clarification on Lesser-Included Offenses in Aggravated Assault: STATE OF TENNESSEE v. RICHARD T. SMILEY

Date: Jan 31, 2001

Clarification on Lesser-Included Offenses in Aggravated Assault: STATE OF TENNESSEE v. RICHARD T. SMILEY Introduction In the landmark case of STATE OF TENNESSEE v. RICHARD T. SMILEY (38 S.W.3d 521),...

Presumption of Alternative Sentencing Prevails in Drug Facilitation near Schools: Analysis of STATE OF TENNESSEE v. KENYETTA FIELDS

Date: Jan 20, 2001

Presumption of Alternative Sentencing Prevails in Drug Facilitation near Schools: Analysis of STATE OF TENNESSEE v. KENYETTA FIELDS Introduction STATE OF TENNESSEE v. KENYETTA FIELDS, 40 S.W.3d 435,...

Materiality of Withheld Exculpatory Evidence in Capital Sentencing: Johnson v. Tennessee

Date: Jan 20, 2001

Materiality of Withheld Exculpatory Evidence in Capital Sentencing: Johnson v. Tennessee Introduction Ersikine Leroy Johnson v. State of Tennessee is a pivotal case adjudicated by the Supreme Court...

Establishing Conspiracy Theory of Personal Jurisdiction in Tennessee: Chenault v. Walker

Date: Jan 13, 2001

Establishing Conspiracy Theory of Personal Jurisdiction in Tennessee: Chenault v. Walker Introduction The case of David Chenault v. Jeff L. Walker, et al. (36 S.W.3d 45) represents a pivotal moment...

State Sovereign Immunity and Claims Commission Jurisdiction in Stewart v. Tennessee

Date: Dec 21, 2000

State Sovereign Immunity and Claims Commission Jurisdiction in Stewart v. Tennessee Introduction Stewart v. State of Tennessee (33 S.W.3d 785) is a pivotal case decided by the Supreme Court of...

State v. Scott: Affirming the Right to Expert DNA Analysis Assistance for Indigent Defendants in Non-Capital Cases

Date: Dec 12, 2000

State v. Scott: Affirming the Right to Expert DNA Analysis Assistance for Indigent Defendants in Non-Capital Cases Introduction State of Tennessee v. Randall Scott, 33 S.W.3d 746 (Tenn. 2000), is a...

Implied Waiver of Right to Counsel in Capital Cases: Insights from STATE OF TENNESSEE v. TONY V. CARRUTHERS JAMES MONTGOMERY

Date: Dec 12, 2000

Implied Waiver of Right to Counsel in Capital Cases: Insights from STATE OF TENNESSEE v. TONY V. CARRUTHERS JAMES MONTGOMERY Introduction STATE OF TENNESSEE v. TONY V. CARRUTHERS JAMES MONTGOMERY, 35...

Adoption of Multi-Factor Balancing Test for Rule 54.02 Revisions in Tennessee - Regina Harris v. Dr. Andrew Chern

Date: Dec 9, 2000

Adoption of Multi-Factor Balancing Test for Rule 54.02 Revisions in Tennessee Introduction Regina Harris, et al. v. Dr. Andrew Chern, et al. (33 S.W.3d 741) is a pivotal case decided by the Supreme...

Tennessee Claims Commission Jurisdiction Excludes Contribution and Indemnity Claims

Date: Dec 9, 2000

Tennessee Claims Commission Jurisdiction Excludes Contribution and Indemnity Claims Introduction In NORTHLAND INSURANCE CO. v. STATE OF TENNESSEE, 33 S.W.3d 727 (Tenn. 2000), the Supreme Court of...

Establishing Proper Use of "John Doe" Provisions in Uninsured Motorist Claims: Insights from Cassandra Lynn Lipscomb v. John Doe

Date: Dec 1, 2000

Establishing Proper Use of "John Doe" Provisions in Uninsured Motorist Claims: Insights from Cassandra Lynn Lipscomb v. John Doe Introduction Cassandra Lynn Lipscomb v. John Doe is a landmark...

Non-Prejudicial Nature of Uncommunicated Plea Offers and Harmless Error for Jury Instruction Omissions in STATE OF TENNESSEE v. JOHN C. GARRISON

Date: Nov 23, 2000

Non-Prejudicial Nature of Uncommunicated Plea Offers and Harmless Error for Jury Instruction Omissions in STATE OF TENNESSEE v. JOHN C. GARRISON Introduction STATE OF TENNESSEE v. JOHN C. GARRISON,...

Revco Liability in Wrongful Death: Establishing Vicarious Liability for Off-Duty Police Officers

Date: Nov 23, 2000

Revco Liability in Wrongful Death: Establishing Vicarious Liability for Off-Duty Police Officers Introduction The case of Jamesena White, et al. v. Revco Discount Drug Centers, Inc. (33 S.W.3d 713),...

Conflict of Interest and Due Process in Prosecution: Insights from STATE OF TENNESSEE v. DONALD L. CULBREATH and GENNA McCALLIE

Date: Oct 21, 2000

Conflict of Interest and Due Process in Prosecution: Insights from STATE OF TENNESSEE v. DONALD L. CULBREATH and GENNA McCALLIE Introduction STATE OF TENNESSEE v. DONALD L. CULBREATH and GENNA...

Gregory Hill v. City of Germantown: Enhancing Clarity on Employee Liability and Retroactive Application of Loss of Consortium under the Tennessee Governmental Tort Liability Act

Date: Oct 21, 2000

Gregory Hill v. City of Germantown: Enhancing Clarity on Employee Liability and Retroactive Application of Loss of Consortium under the Tennessee Governmental Tort Liability Act Introduction Gregory...

EMTs Classified as Health Care Practitioners Under Tennessee GTLA: Implications for Governmental Immunity

Date: Oct 14, 2000

EMTs Classified as Health Care Practitioners Under Tennessee GTLA: Implications for Governmental Immunity Introduction The case of JoAnn White Mooney, Individually and as Guardian and Next Friend of...

STATE v. KEEN: Affirming Capital Sentencing Based on Aggravating Circumstances and Jury Conduct

Date: Oct 6, 2000

STATE v. KEEN: Affirming Capital Sentencing Based on Aggravating Circumstances and Jury Conduct Introduction State of Tennessee v. David M. Keen is a landmark judgment delivered by the Supreme Court...

De Novo Review of Suppression Motions Based on Videotaped Evidence: Insights from State v. Binette

Date: Oct 6, 2000

De Novo Review of Suppression Motions Based on Videotaped Evidence: Insights from State of Tennessee v. Guy Binette Introduction State of Tennessee v. Guy Binette, 33 S.W.3d 215 (Tenn. 2000), is a...

Relaxation of Indictment Pleading Requirements in Tennessee: State of Tennessee v. Donald Ray Hammonds

Date: Oct 3, 2000

Relaxation of Indictment Pleading Requirements in Tennessee: State of Tennessee v. Donald Ray Hammonds Introduction State of Tennessee v. Donald Ray Hammonds, 30 S.W.3d 294 (Tenn. 2000), addresses...

Actual Notice in Probate Claims: Insights from Bowden v. Ward

Date: Oct 3, 2000

Actual Notice in Probate Claims: Insights from Bowden v. Ward Introduction Shirley Dianne Bowden, executrix of the estate of Jones Elmer Bowden, deceased v. Larry E. Ward is a landmark case decided...