Tennessee Case Commentaries

Affirmation of First Degree Murder Conviction and Death Sentence in Hall v. State

Date: Dec 28, 1999

Affirmation of First Degree Murder Conviction and Death Sentence in Hall v. State Introduction The case of STATE OF TENNESSEE, Appellee v. JON DOUGLAS HALL, Appellant (8 S.W.3d 593) presents a...

Expansion of Res Ipsa Loquitur in Medical Malpractice: Seavers v. Methodist Medical Center of Oak Ridge

Date: Dec 28, 1999

Expansion of Res Ipsa Loquitur in Medical Malpractice: Seavers v. Methodist Medical Center of Oak Ridge Introduction The landmark case of Seavers v. Methodist Medical Center of Oak Ridge, adjudicated...

Affirmation of Chancellor's Reversal in Tenure Termination: Wells v. Tennessee Board of Regents

Date: Dec 21, 1999

Affirmation of Chancellor's Reversal in Tenure Termination: Wells v. Tennessee Board of Regents Introduction The case of Alexander C. Wells v. Tennessee Board of Regents, 9 S.W.3d 779 (Tenn. 1999),...

State of Tennessee v. Gutierrez: Clarifying the Application of 'Abuse of Private Trust' Enhancement in Adult Relationships

Date: Nov 30, 1999

State of Tennessee v. Gutierrez: Clarifying the Application of 'Abuse of Private Trust' Enhancement in Adult Relationships Introduction State of Tennessee v. Mario Gutierrez, 5 S.W.3d 641 (Tenn....

Exceeding Statutory Caps in Workers' Compensation: Nelson v. Wal-Mart Stores, Inc.

Date: Nov 30, 1999

Exceeding Statutory Caps in Workers' Compensation: Nelson v. Wal-Mart Stores, Inc. Introduction The case of Betty Nelson v. Wal-Mart Stores, Inc. (8 S.W.3d 625) adjudicated by the Supreme Court of...

Supreme Court of Tennessee Establishes Strict Standards for Deliberate Indifference in §1983 Claims

Date: Nov 23, 1999

Supreme Court of Tennessee Establishes Strict Standards for Deliberate Indifference in §1983 Claims Introduction The case of Harry Luther v. Billy Compton et al. represents a pivotal moment in...

Expert Testimony Not Required for Intentional Infliction of Emotional Distress Claims in Tennessee

Date: Nov 16, 1999

Expert Testimony Not Required for Intentional Infliction of Emotional Distress Claims in Tennessee Introduction The case of Wayne Miller and Elizabeth Ann Miller v. David Willbanks, M.D., Hamblen...

Reaffirmation of the Fundamental Right to Testify: Momon v. State of Tennessee

Date: Nov 16, 1999

Reaffirmation of the Fundamental Right to Testify: Momon v. State of Tennessee Introduction The case of Napoleon Momon v. State of Tennessee, decided on November 15, 1999, by the Supreme Court of...

Enforcement of Arbitration Agreements under the FAA in Interstate Commerce Contracts: A Comprehensive Analysis of Frizzell Construction Co. v. Gatlinburg, L.L.C.

Date: Nov 16, 1999

Enforcement of Arbitration Agreements under the Federal Arbitration Act in Interstate Commerce Contracts: Insights from Frizzell Construction Co. v. Gatlinburg, L.L.C. Introduction The case of...

Redefining Effective Counsel and Lesser-Included Offense Instructions: State v. Brenda Anne Burns (1999)

Date: Nov 9, 1999

Redefining Effective Counsel and Lesser-Included Offense Instructions: State v. Brenda Anne Burns (1999) Introduction In the landmark case of State of Tennessee v. Brenda Anne Burns (6 S.W.3d 453,...

Clarifying the Application of Rule 14(b)(1) in Severance of Criminal Offenses: Insights from State v. Moore

Date: Nov 2, 1999

Clarifying the Application of Rule 14(b)(1) in Severance of Criminal Offenses: Insights from State of Tennessee v. Donald Terry Moore Introduction State of Tennessee v. Donald Terry Moore (6 S.W.3d...

Standard of Appellate Review for Severance Motions: State of Tennessee v. Donald Ray Shirley

Date: Nov 2, 1999

Standard of Appellate Review for Severance Motions: State of Tennessee v. Donald Ray Shirley Introduction The case of State of Tennessee v. Donald Ray Shirley presents a pivotal examination of...

Realty Shop, Inc. v. RR Westminster Holding, Inc.: Enforcing Contractual Obligations Despite Lack of Formal Change Orders

Date: Oct 26, 1999

Realty Shop, Inc. v. RR Westminster Holding, Inc.: Enforcing Contractual Obligations Despite Lack of Formal Change Orders Introduction The case of The Realty Shop, Inc. v. RR Westminster Holding,...

Accurate Jury Sentencing Instructions: Insights from State of Tennessee v. Jimmy Thornton

Date: Oct 20, 1999

Accurate Jury Sentencing Instructions: Insights from State of Tennessee v. Jimmy Thornton Introduction State of Tennessee v. Jimmy Thornton is a pivotal case adjudicated by the Supreme Court of...

Unconstitutional Presumptions in Parental Abandonment: In Re: Brittany Swanson

Date: Oct 5, 1999

Unconstitutional Presumptions in Parental Abandonment: In Re: Brittany Swanson Introduction The case In Re: Brittany Swanson addresses the contentious issue of parental abandonment under Tennessee...

Establishing Comprehensive Liability in Restaurant Negligence: Overstreet v. Shoney's, Inc.

Date: Oct 5, 1999

Establishing Comprehensive Liability in Restaurant Negligence: Overstreet v. Shoney's, Inc. Introduction Overstreet v. Shoney's, Inc. (4 S.W.3d 694) is a seminal case adjudicated by the Court of...

Protection of Vested Rights in Adoption Record Disclosure: DOE v. SUNDQUIST

Date: Sep 28, 1999

Protection of Vested Rights in Adoption Record Disclosure: DOE v. SUNDQUIST Introduction DOE v. SUNDQUIST, 2 S.W.3d 919 (Tenn. 1999), is a landmark case decided by the Supreme Court of Tennessee that...

Selective Workers' Compensation Coverage in Public Education: Establishing Precedent in Muhlheim v. Knox County Board of Education

Date: Sep 28, 1999

Selective Workers' Compensation Coverage in Public Education: Establishing Precedent in Muhlheim v. Knox County Board of Education Introduction The case of Michele P. Muhlheim and Joanne I. Hayden v....

Limits on Consecutive Sentencing and Consideration of Expunged Convictions: Analysis of State v. Lane

Date: Sep 28, 1999

Limits on Consecutive Sentencing and Consideration of Expunged Convictions: Analysis of State of Tennessee v. David Keith Lane Introduction State of Tennessee v. David Keith Lane, 3 S.W.3d 456 (Tenn....

Balancing Fair Trial Rights in the Wake of Evidence Destruction: Insights from State of Tennessee v. Ferguson

Date: Sep 21, 1999

Balancing Fair Trial Rights in the Wake of Evidence Destruction: Insights from State of Tennessee v. Ferguson Introduction In State of Tennessee v. Marvin K. Ferguson, 2 S.W.3d 912 (Tenn. 1999), the...