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  • Commentaries
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Tennessee Case Commentaries

Aggravated Sexual Battery as a Lesser-Included Offense in Tennessee: Analysis of State v. Glen Howard

Aggravated Sexual Battery as a Lesser-Included Offense in Tennessee: Analysis of State v. Glen Howard

Date: Oct 13, 2016
Aggravated Sexual Battery as a Lesser-Included Offense in Tennessee: Analysis of State v. Glen Howard Introduction State of Tennessee v. Glen Howard, 504 S.W.3d 260 (Tenn. 2016), is a pivotal case in...
Affirmation of Tennessee Code Annotated § 41-21-812: Hughes v. Tennessee Board of Probation and Parole

Affirmation of Tennessee Code Annotated § 41-21-812: Hughes v. Tennessee Board of Probation and Parole

Date: Jun 3, 2016
Affirmation of Tennessee Code Annotated § 41-21-812: Hughes v. Tennessee Board of Probation and Parole Introduction In the landmark case Reginald Dion Hughes v. Tennessee Board of Probation and...
Prejudice Analysis in Ineffective Assistance of Counsel Claims: Moore v. State of Tennessee

Prejudice Analysis in Ineffective Assistance of Counsel Claims: Moore v. State of Tennessee

Date: Mar 17, 2016
Prejudice Analysis in Ineffective Assistance of Counsel Claims: Moore v. State of Tennessee Introduction Case: Rashe Moore v. State of Tennessee Court: Supreme Court of Tennessee at Jackson Date:...
Fundamentally Fair Procedures in Parental Termination Proceedings: Insights from In re Carrington H.

Fundamentally Fair Procedures in Parental Termination Proceedings: Insights from In re Carrington H.

Date: Jan 30, 2016
Fundamentally Fair Procedures in Parental Termination Proceedings: Insights from In re Carrington H. Introduction The Tennessee Supreme Court's decision in In re Carrington H.et al. (483 S.W.3d 507)...
Tennessee Supreme Court Overrules Hannan: Embracing Federal Summary Judgment Standards

Tennessee Supreme Court Overrules Hannan: Embracing Federal Summary Judgment Standards

Date: Oct 27, 2015
Tennessee Supreme Court Overrules Hannan: Embracing Federal Summary Judgment Standards Introduction On October 26, 2015, the Tennessee Supreme Court issued a landmark decision in Michelle Rye et al....
State of Tennessee v. Adrian R. Brown: Rule 36.1 Does Not Permit Correction of Expired Illegal Sentences

State of Tennessee v. Adrian R. Brown: Rule 36.1 Does Not Permit Correction of Expired Illegal Sentences

Date: Sep 11, 2015
State of Tennessee v. Adrian R. Brown: Rule 36.1 Does Not Permit Correction of Expired Illegal Sentences Introduction State of Tennessee v. Adrian R. Brown (479 S.W.3d 200) is a landmark case...
Constitutional Fairness in Parental Termination Proceedings: Insights from In re Carrington H.

Constitutional Fairness in Parental Termination Proceedings: Insights from In re Carrington H.

Date: May 29, 2015
Constitutional Fairness in Parental Termination Proceedings: Insights from In re Carrington H. Introduction In re Carrington H. et al. (483 S.W.3d 507) is a pivotal decision by the Supreme Court of...
Retaliatory Discharge and Whistleblower Protections: Insights from Larry D. Williams v. City of Burns

Retaliatory Discharge and Whistleblower Protections: Insights from Larry D. Williams v. City of Burns

Date: May 5, 2015
Retaliatory Discharge and Whistleblower Protections: Insights from Larry D. Williams v. City of Burns Introduction Larry D. Williams v. City of Burns, 465 S.W.3d 96 (Tenn. 2015) is a landmark...
Reasonable Duration of Investigatory Detentions in DUI Cases: State v. Montgomery

Reasonable Duration of Investigatory Detentions in DUI Cases: State v. Montgomery

Date: Mar 28, 2015
Reasonable Duration of Investigatory Detentions in DUI Cases: State of Tennessee v. Montgomery Introduction The case of State of Tennessee v. Mechelle L. Montgomery, adjudicated by the Supreme Court...
Cumulative Evidentiary Errors Entitle Defendant to New Trial: State of Tennessee v. Frederick Herron

Cumulative Evidentiary Errors Entitle Defendant to New Trial: State of Tennessee v. Frederick Herron

Date: Mar 27, 2015
Cumulative Evidentiary Errors Entitle Defendant to New Trial: State of Tennessee v. Frederick Herron Introduction State of Tennessee v. Frederick Herron, 461 S.W.3d 890 (Tenn. 2015), deals with...
State Not Required to Prove Reasonable Reunification Efforts in Parental Rights Termination Cases: Tennessee Supreme Court Sets New Precedent

State Not Required to Prove Reasonable Reunification Efforts in Parental Rights Termination Cases: Tennessee Supreme Court Sets New Precedent

Date: Jan 23, 2015
State Not Required to Prove Reasonable Reunification Efforts in Parental Rights Termination Cases: Tennessee Supreme Court Sets New Precedent Introduction In the landmark case of In re Kaliyah S. et...
Termination of Parental Rights Without Mandatory Proof of Reasonable Efforts: In re Kaliyah S. et al.

Termination of Parental Rights Without Mandatory Proof of Reasonable Efforts: In re Kaliyah S. et al.

Date: Jan 23, 2015
Termination of Parental Rights Without Mandatory Proof of Reasonable Efforts: In re Kaliyah S. et al. Introduction The case of In re Kaliyah S. et al. (455 S.W.3d 533) adjudicated by the Supreme...
Effective Assistance of Counsel in Expert Testimony and Hearsay Evidence: Insights from Kendrick v. State

Effective Assistance of Counsel in Expert Testimony and Hearsay Evidence: Insights from Kendrick v. State

Date: Jan 17, 2015
Effective Assistance of Counsel in Expert Testimony and Hearsay Evidence: Insights from Kendrick v. State Introduction Edward Thomas Kendrick, III v. State of Tennessee, 454 S.W.3d 450 (Tenn. 2015),...
Duty to Present Mitigation: Effective Counsel in Capital Sentencing – Davidson v. State of Tennessee

Duty to Present Mitigation: Effective Counsel in Capital Sentencing – Davidson v. State of Tennessee

Date: Nov 18, 2014
Duty to Present Mitigation: Effective Counsel in Capital Sentencing – Davidson v. State of Tennessee Introduction Case: Jerry Ray Davidson v. State of Tennessee, 453 S.W.3d 386 (Tenn. 2014) Court:...
Recklessness as Sufficient Mens Rea in Tennessee Rape of a Child and Aggravated Sexual Battery Cases: State v. Clark

Recklessness as Sufficient Mens Rea in Tennessee Rape of a Child and Aggravated Sexual Battery Cases: State v. Clark

Date: Nov 11, 2014
Recklessness as Sufficient Mens Rea in Tennessee Rape of a Child and Aggravated Sexual Battery Cases: State v. Clark Introduction State of Tennessee v. Fred Chad Clark, II (452 S.W.3d 268) is a...
Reaffirmation of Non-Liability for Property Owners in Independent Contractor Negligence: Parker v. Holiday Hospitality Franchising

Reaffirmation of Non-Liability for Property Owners in Independent Contractor Negligence: Parker v. Holiday Hospitality Franchising

Date: Sep 13, 2014
Reaffirmation of Non-Liability for Property Owners in Independent Contractor Negligence: Parker v. Holiday Hospitality Franchising Introduction The case of Parker v. Holiday Hospitality Franchising,...
Appellate Deference in Telephonic Testimony: Terri Ann Kelly v. Willard Reed Kelly

Appellate Deference in Telephonic Testimony: Terri Ann Kelly v. Willard Reed Kelly

Date: Sep 11, 2014
Appellate Deference in Telephonic Testimony: Terri Ann Kelly v. Willard Reed Kelly Introduction The case of Terri Ann Kelly v. Willard Reed Kelly, adjudicated by the Supreme Court of Tennessee in...
Enhancing Protections Against Prosecutorial Misconduct: Upholding Defendant's Right to Silence and Brady Obligations in State v. Jackson

Enhancing Protections Against Prosecutorial Misconduct: Upholding Defendant's Right to Silence and Brady Obligations in State v. Jackson

Date: Aug 23, 2014
Enhancing Protections Against Prosecutorial Misconduct: Upholding Defendant's Right to Silence and Brady Obligations in State of Tennessee v. Noura Jackson Introduction State of Tennessee v. Noura...
Affirmation of Mandatory Independent Judicial Grounds for Summary Judgment: Mary C. Smith v. UHS of Lakeside, Inc.

Affirmation of Mandatory Independent Judicial Grounds for Summary Judgment: Mary C. Smith v. UHS of Lakeside, Inc.

Date: Jul 16, 2014
Affirmation of Mandatory Independent Judicial Grounds for Summary Judgment: Mary C. Smith v. UHS of Lakeside, Inc. Introduction The case of Mary C. Smith v. UHS of Lakeside, Inc., reported at 439...
Defining 'Pending' and Addressing Multiplicity in False Reporting: Insights from State of Tennessee v. Glo Smith

Defining 'Pending' and Addressing Multiplicity in False Reporting: Insights from State of Tennessee v. Glo Smith

Date: Jun 20, 2014
Defining 'Pending' and Addressing Multiplicity in False Reporting: Insights from State of Tennessee v. Glo Smith Introduction The case of State of Tennessee v. Glo Smith (436 S.W.3d 751) represents a...
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