Tennessee Case Commentaries

Comparative Fitness Analysis in Child Custody: Gaskill v. Gaskill

Date: Dec 3, 1997

Comparative Fitness Analysis in Child Custody: Gaskill v. Gaskill Introduction The case of Willa Jean Gaskill v. Steven Wayne Gaskill (936 S.W.2d 626) adjudicated by the Court of Appeals of...

Tennessee Supreme Court Upholds Death Penalty in State v. Bland: Establishing Torture as an Aggravating Factor and Clarifying Proportionality Review

Date: Dec 2, 1997

Tennessee Supreme Court Upholds Death Penalty in State v. Bland: Establishing Torture as an Aggravating Factor and Clarifying Proportionality Review Introduction In the landmark case of STATE of...

Establishing Reasonable Suspicion for Investigative Vehicle Stops: Yeargan v. State of Tennessee

Date: Nov 25, 1997

Establishing Reasonable Suspicion for Investigative Vehicle Stops: Yeargan v. State of Tennessee Introduction Yeargan v. State of Tennessee is a pivotal case adjudicated by the Supreme Court of...

Tennessee Supreme Court Clarifies Speedy Trial Trigger Points: Arrest vs. Warrant

Date: Nov 18, 1997

Tennessee Supreme Court Clarifies Speedy Trial Trigger Points: Arrest vs. Warrant Introduction In the landmark case State of Tennessee v. Demetrius Dewayne Utley, the Tennessee Supreme Court...

Open Meetings Act and Parole Decision-Making: Insights from Arnold v. Tennessee Board of Paroles

Date: Nov 11, 1997

Open Meetings Act and Parole Decision-Making: Insights from Arnold v. Tennessee Board of Paroles Introduction The case of Jimmy Arnold and Anthony Evans v. Tennessee Board of Paroles, adjudicated by...

Tennessee Supreme Court Upholds Indictment Validity for Aggravated Rape Without Explicit Mens Rea

Date: Nov 4, 1997

Tennessee Supreme Court Upholds Indictment Validity for Aggravated Rape Without Explicit Mens Rea Introduction The case of State of Tennessee v. Roger Dale Hill, Sr. (954 S.W.2d 725) adjudicated by...

THRA Individual Liability in Sexual Harassment Cases: Kelly Carr v. UPS

Date: Oct 28, 1997

THRA Individual Liability in Sexual Harassment Cases: Kelly Carr v. UPS Introduction The case of Kelly Carr v. United Parcel Service (UPS) addresses pivotal issues surrounding individual liability...

Agency Beyond Ownership: Tennessee Supreme Court Clarifies Vicarious Liability under Tenn. Code Ann. § 55-10-311

Date: Oct 28, 1997

Agency Beyond Ownership: Tennessee Supreme Court Clarifies Vicarious Liability under Tenn. Code Ann. § 55-10-311 Introduction The case of William Gayle Warren v. The Estate of Jerry N. Kirk, Deceased...

Abrogation of the Continuing Medical Treatment Doctrine by the Discovery Rule in Tennessee

Date: Oct 21, 1997

Abrogation of the Continuing Medical Treatment Doctrine by the Discovery Rule in Tennessee Introduction The Supreme Court of Tennessee, in the case of Theresa Stanbury and John Stanbury v. Brian E....

Whitaker v. Whitaker: Enhanced Standards for Child Custody and Visitation in Tennessee

Date: Oct 7, 1997

Whitaker v. Whitaker: Enhanced Standards for Child Custody and Visitation in Tennessee Introduction Whitaker v. Whitaker is a pivotal case decided by the Court of Appeals of Tennessee's Western...

Admissibility of Expert Testimony on Defendant’s Susceptibility to Entrapment: Shuck v. State

Date: Oct 7, 1997

Admissibility of Expert Testimony on Defendant’s Susceptibility to Entrapment: Shuck v. State Introduction State of Tennessee v. Merlin Eugene Shuck, 953 S.W.2d 662 (Tenn. 1997), is a landmark case...

Admissibility of Prior Injuries Evidence in Aggravated Child Abuse Cases: Tennessee Supreme Court's Ruling in State v. DuBose

Date: Sep 30, 1997

Admissibility of Prior Injuries Evidence in Aggravated Child Abuse Cases: Tennessee Supreme Court's Ruling in State v. DuBose Introduction The case of STATE of Tennessee v. James DuBose (953 S.W.2d...

Defining the Scope of Negligent Misrepresentation under Section 552: Robinson v. Omer, Sr.

Date: Sep 16, 1997

Defining the Scope of Negligent Misrepresentation under Section 552: Robinson v. Omer, Sr. Introduction In the landmark case of Robinson v. Omer, Sr., decided by the Supreme Court of Tennessee on...

Clarifying the Burden of Proof in Uninsured Motorist Claims: Fruge v. Doe

Date: Sep 3, 1997

Clarifying the Burden of Proof in Uninsured Motorist Claims: Fruge v. Doe Introduction In the landmark case of James R. Fruge and Jane Fruge v. John Doe and Jane Doe, decided by the Supreme Court of...

Clear and Convincing Evidence Required for Paternity Claims in Intestate Succession: In re Estate of Carlton Elliott Walton

Date: Sep 3, 1997

Clear and Convincing Evidence Required for Paternity Claims in Intestate Succession: In re Estate of Carlton Elliott Walton Introduction The case of In re Estate of Carlton Elliott Walton, Deceased,...

Defining Unfair and Deceptive Practices in Real Estate Sales: Analysis of Ganzevoort v. Russell and Cassetty

Date: Aug 26, 1997

Defining Unfair and Deceptive Practices in Real Estate Sales: Analysis of Ganzevoort v. Russell and Cassetty Introduction The case of Tammy R. Ganzevoort v. Richard B. Russell, Martha T. Russell, and...

Establishing the Natural and Probable Consequence Rule under Tenn. Code Ann. § 39-11-402(2) for Criminal Responsibility of Aiders and Abettors

Date: Aug 5, 1997

Establishing the Natural and Probable Consequence Rule under Tenn. Code Ann. § 39-11-402(2) for Criminal Responsibility of Aiders and Abettors Introduction In the landmark case of STATE of Tennessee...

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