Tennessee Case Commentaries

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...

Wrongful Discharge in Drug Testing: E v. Davidson Hotel Company

Date: May 20, 1997

Wrongful Discharge in Drug Testing: Evelene N. Stein v. Davidson Hotel Company Introduction Evelene N. Stein filed a lawsuit against Davidson Hotel Company, the proprietor of the Holiday Inn Crowne...

Jury Instruction Errors on Mitigating Factors Found Harmless in Tennessee Death Penalty Case

Date: May 20, 1997

Jury Instruction Errors on Mitigating Factors Found Harmless in Tennessee Death Penalty Case Introduction In the landmark case of State of Tennessee v. Henry Eugene Hodges, 944 S.W.2d 346 (1997), the...

Krick v. City of Lawrenceburg: Establishing Limits on Occupational Disease Claims in Law Enforcement

Date: May 13, 1997

Krick v. City of Lawrenceburg: Establishing Limits on Occupational Disease Claims in Law Enforcement Introduction Krick v. City of Lawrenceburg (945 S.W.2d 709), adjudicated by the Supreme Court of...

Enhancement Factors in Sentencing: Exceptional Cruelty Affirmed while Vulnerability Factor Limited in State v. Poole

Date: May 13, 1997

Enhancement Factors in Sentencing: Exceptional Cruelty Affirmed while Vulnerability Factor Limited in State v. Poole Introduction State of Tennessee v. Chad Douglas Poole, 945 S.W.2d 93 (Tenn. 1997),...

Constitutional Standards for Sobriety Roadblocks Established in STATE v. DOWNEY

Date: May 13, 1997

Constitutional Standards for Sobriety Roadblocks Established in STATE v. DOWNEY Introduction STATE of Tennessee, Appellant/Cross-Appellee, v. Sarah Hutton DOWNEY is a landmark case decided by the...

Tennessee Supreme Court Establishes Enhanced Standards for Aggravating Circumstances in Capital Sentencing

Date: Apr 29, 1997

Tennessee Supreme Court Establishes Enhanced Standards for Aggravating Circumstances in Capital Sentencing Introduction In the landmark case of State of Tennessee v. Michael Dean Bush (942 S.W.2d...

Validating Hybrid Sentencing in Tennessee: Insights from Hicks v. State

Date: Apr 22, 1997

Validating Hybrid Sentencing in Tennessee: Insights from Hicks v. State Introduction The case of Terry L. Hicks, Jr. v. State of Tennessee (945 S.W.2d 706, 1997) addressed a pivotal issue in...

Retaliatory Discharge Without Explicit Directive: Mason v. Seaton Establishes New Precedent

Date: Apr 8, 1997

Retaliatory Discharge Without Explicit Directive: Mason v. Seaton Establishes New Precedent Introduction In the landmark case of Maxine O. Mason v. Kenneth M. Seaton and Wife d/b/a Grand Hotel, the...

Supreme Court of Tennessee Upholds Land Use Regulation for Heliports Near National Parks

Date: Apr 8, 1997

Supreme Court of Tennessee Upholds Land Use Regulation for Heliports Near National Parks Introduction In the landmark case of Bobby Riggs and M-Helicopters of Tennessee, Inc. v. Charles W. Burson et...

Affirmation of Compensable Work-Related Injury and Disability Apportionment in Hill v. Eagle Bend Manufacturing

Date: Apr 8, 1997

Affirmation of Compensable Work-Related Injury and Disability Apportionment in Hill v. Eagle Bend Manufacturing Introduction Ronald Wayne Hill v. Eagle Bend Manufacturing, Inc. is a significant case...

Employment Eligibility Policies and Due Process: Tennessee Supreme Court Upholds Board Regulations in Rowe v. Board of Education

Date: Mar 18, 1997

Employment Eligibility Policies and Due Process: Tennessee Supreme Court Upholds Board Regulations in Rowe v. Board of Education Introduction The case of Leonard L. Rowe v. Board of Education of the...