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  • Commentaries
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Tennessee Case Commentaries

Allocation of Fault in Emergency Vehicle Accidents: Wright v. City of Knoxville

Allocation of Fault in Emergency Vehicle Accidents: Wright v. City of Knoxville

Date: Apr 18, 1995
Allocation of Fault in Emergency Vehicle Accidents: Wright v. City of Knoxville Introduction The case of Tina Wright v. City of Knoxville et al. (898 S.W.2d 177) adjudicated by the Supreme Court of...
Norton v. Everhart: Clarifying Procedural Jurisdiction and Equitable Tolling in Parole Revocation Cases

Norton v. Everhart: Clarifying Procedural Jurisdiction and Equitable Tolling in Parole Revocation Cases

Date: Mar 21, 1995
Norton v. Everhart: Clarifying Procedural Jurisdiction and Equitable Tolling in Parole Revocation Cases Introduction In Richard Lynn Norton v. Don Everhart, Warden, State of Tennessee, 895 S.W.2d 317...
Reaffirming the Rebuttable Presumption of Causation under Tenn. Code Ann. § 7-51-201(a)(1): Stone v. City of McMinnville

Reaffirming the Rebuttable Presumption of Causation under Tenn. Code Ann. § 7-51-201(a)(1): Stone v. City of McMinnville

Date: Mar 21, 1995
Reaffirming the Rebuttable Presumption of Causation under Tenn. Code Ann. § 7-51-201(a)(1): Stone v. City of McMinnville Introduction The case of Charles E. Stone v. City of McMinnville (896 S.W.2d...
Mandatory Application of Tenn.R.Crim.P. 33(f): Trial Judge's Duty as Thirteenth Juror Affirmed

Mandatory Application of Tenn.R.Crim.P. 33(f): Trial Judge's Duty as Thirteenth Juror Affirmed

Date: Mar 14, 1995
Mandatory Application of Tenn.R.Crim.P. 33(f): Trial Judge's Duty as Thirteenth Juror Affirmed Introduction In the landmark case of State of Tennessee v. Leander Charles Carter, 896 S.W.2d 119 (Tenn....
Affirmation of Death Penalty Standards and Non-Applicability of Mental Retardation Defense in State v. Sylvester Smith

Affirmation of Death Penalty Standards and Non-Applicability of Mental Retardation Defense in State v. Sylvester Smith

Date: Feb 22, 1995
Affirmation of Death Penalty Standards and Non-Applicability of Mental Retardation Defense in State of Tennessee v. Sylvester Smith Introduction State of Tennessee v. Sylvester Smith (893 S.W.2d 908,...
Clarifying Comparative Fault Apportionment and Duty of Care in Tennessee: Eaton v. McLain

Clarifying Comparative Fault Apportionment and Duty of Care in Tennessee: Eaton v. McLain

Date: Jan 18, 1995
Clarifying Comparative Fault Apportionment and Duty of Care in Tennessee: Eaton v. McLain Introduction The Supreme Court of Tennessee, in the landmark case Pauline Eaton v. James McLain and Tammy...
Adkisson v. Tennessee: Reinforcing Standards for Corroboration of Accomplice Testimony and Limits on Cross-Examination of Defense Witnesses

Adkisson v. Tennessee: Reinforcing Standards for Corroboration of Accomplice Testimony and Limits on Cross-Examination of Defense Witnesses

Date: Dec 9, 1994
Adkisson v. Tennessee: Reinforcing Standards for Corroboration of Accomplice Testimony and Limits on Cross-Examination of Defense Witnesses Introduction Adkisson v. Tennessee, reported at 899 S.W.2d...
Duty to Warn Prescription Drug Users: Pittman v. The Upjohn Company Establishes Critical Precedent

Duty to Warn Prescription Drug Users: Pittman v. The Upjohn Company Establishes Critical Precedent

Date: Nov 29, 1994
Duty to Warn Prescription Drug Users: Pittman v. The Upjohn Company Establishes Critical Precedent Introduction The case of Donald Wade Pittman, Sr. and Reba Pittman as guardians of the person and...
Reaffirmation of Statute of Limitations in Tennessee Post-Conviction Relief: Passarella v. State

Reaffirmation of Statute of Limitations in Tennessee Post-Conviction Relief: Passarella v. State

Date: Nov 29, 1994
Reaffirmation of Statute of Limitations in Tennessee Post-Conviction Relief: Passarella v. State Introduction In the landmark case of Sam John Passarella v. State of Tennessee, reported at 891 S.W.2d...
Recognition of Retaliatory Discharge Claims under the Tennessee Motor Carriers Act: Reynolds v. Ozark Motor Lines

Recognition of Retaliatory Discharge Claims under the Tennessee Motor Carriers Act: Reynolds v. Ozark Motor Lines

Date: Nov 1, 1994
Recognition of Retaliatory Discharge Claims under the Tennessee Motor Carriers Act: Reynolds v. Ozark Motor Lines Introduction The case of Barbara Reynolds and Jason Stephens v. Ozark Motor Lines,...
Impact of STATE v. MIDDLEBROOKS on Capital Sentencing: A Comprehensive Analysis of State v. Bigbee

Impact of STATE v. MIDDLEBROOKS on Capital Sentencing: A Comprehensive Analysis of State v. Bigbee

Date: Oct 4, 1994
Impact of STATE v. MIDDLEBROOKS on Capital Sentencing: A Comprehensive Analysis of State v. Bigbee Introduction The legal landscape surrounding capital punishment and the felony murder doctrine in...
Cooper v. Insurance Company of North America: Establishing Limits on Combining Disability Ratings in Workers' Compensation

Cooper v. Insurance Company of North America: Establishing Limits on Combining Disability Ratings in Workers' Compensation

Date: Sep 24, 1994
Cooper v. Insurance Company of North America: Establishing Limits on Combining Disability Ratings in Workers' Compensation Introduction The case of Floyd Clinton Cooper v. Insurance Company of North...
Reversing Police Immunity: Landmark Tennessee Supreme Court Decision on Liability in High-Speed Chases

Reversing Police Immunity: Landmark Tennessee Supreme Court Decision on Liability in High-Speed Chases

Date: Aug 30, 1994
Reversing Police Immunity: Landmark Tennessee Supreme Court Decision on Liability in High-Speed Chases Introduction The case of Kathleen Haynes et al. v. Hamilton County represents a pivotal moment...
Enhancement Factors Must Not Constitute Essential Elements of the Offense: Tennessee v. Jones

Enhancement Factors Must Not Constitute Essential Elements of the Offense: Tennessee v. Jones

Date: Aug 30, 1994
Enhancement Factors Must Not Constitute Essential Elements of the Offense: State of Tennessee v. Jones Introduction State of Tennessee v. Efrem Zimbulist Jones is a seminal case adjudicated by the...
Stephenson v. State (Tenn. 1994): Establishing the Necessity of Correct Juror Instruction on Burden of Proof for Capital Sentencing

Stephenson v. State (Tenn. 1994): Establishing the Necessity of Correct Juror Instruction on Burden of Proof for Capital Sentencing

Date: Jun 21, 1994
Stephenson v. State (Tenn. 1994): Establishing the Necessity of Correct Juror Instruction on Burden of Proof for Capital Sentencing Introduction State v. Jonathan Wesley Stephenson, 878 S.W.2d 530...
Reinstating Jury Verdict Despite Ex Parte Communication: Insights from Spencer v. A-1 Crane Services

Reinstating Jury Verdict Despite Ex Parte Communication: Insights from Spencer v. A-1 Crane Services

Date: Jun 21, 1994
Reinstating Jury Verdict Despite Ex Parte Communication: Insights from Spencer v. A-1 Crane Services Introduction The case of Cindy L. Spencer, as next friend and guardian of James Cody Spencer, a...
Harmless Error in Capital Sentencing: State of Tennessee v. Harold Wayne Nichols

Harmless Error in Capital Sentencing: State of Tennessee v. Harold Wayne Nichols

Date: Jun 21, 1994
Harmless Error in Capital Sentencing: State of Tennessee v. Harold Wayne Nichols Introduction State of Tennessee v. Harold Wayne Nichols, 877 S.W.2d 722 (Tenn. 1994), is a pivotal case in Tennessee's...
Establishing Comparative Fault Standards in Negligence Per Se: COOK v. SPINNAKER'S OF RIVERGATE

Establishing Comparative Fault Standards in Negligence Per Se: COOK v. SPINNAKER'S OF RIVERGATE

Date: Jun 14, 1994
Establishing Comparative Fault Standards in Negligence Per Se: COOK v. SPINNAKER'S OF RIVERGATE Introduction Christy C. COOK v. SPINNAKER'S OF RIVERGATE, Inc., et al., 878 S.W.2d 934 (Tenn. 1994), is...
Entitlement to Salary Supplements for Multiple Jurisdictions: Wilson v. Johnson County

Entitlement to Salary Supplements for Multiple Jurisdictions: Wilson v. Johnson County

Date: Jun 14, 1994
Entitlement to Salary Supplements for Multiple Jurisdictions: Wilson v. Johnson County Introduction The case of O.H. Wilson v. Johnson County addresses a pivotal issue regarding the compensation of...
Discovery Rule Not Applicable to Slander Statute of Limitations in Tennessee

Discovery Rule Not Applicable to Slander Statute of Limitations in Tennessee

Date: May 17, 1994
Discovery Rule Not Applicable to Slander Statute of Limitations in Tennessee Introduction The case of Quality Auto Parts Co., Inc. v. Bluff City Buick Co., Inc. addresses critical issues surrounding...
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