Tennessee Case Commentaries

Establishing Comparative Fault Principles in Transitional Cases: A Detailed Commentary on Owens v. Truckstops of America

Date: Jan 30, 1996

Establishing Comparative Fault Principles in Transitional Cases: A Detailed Commentary on Owens v. Truckstops of America Introduction The case of Joseph Carl Owens v. Truckstops of America, Inc. (915...

Tennessee Supreme Court Establishes General Negligence Framework for Emotional Distress and Affirms Family Purpose Doctrine

Date: Jan 30, 1996

Tennessee Supreme Court Establishes General Negligence Framework for Emotional Distress and Affirms Family Purpose Doctrine Introduction The case of Bobby L. Camper, III v. Daniel B. Minor et al....

Tennessee Supreme Court Expands Inverse Condemnation Criteria Beyond Direct Overflight

Date: Jan 30, 1996

Tennessee Supreme Court Expands Inverse Condemnation Criteria Beyond Direct Overflight Introduction In the landmark case of Richard E. Jackson and Jaquelyn R. Jackson v. Metropolitan Knoxville...

Limitations of Administrative Agencies on Constitutional Challenges: Insights from Richardson v. Tennessee Board of Dentistry

Date: Dec 29, 1995

Limitations of Administrative Agencies on Constitutional Challenges: Insights from Richardson v. Tennessee Board of Dentistry Introduction The case of Harold Richardson v. Tennessee Board of...

Implied Consent Authority in DUI Cases: Tennessee Supreme Court Establishes Officer's Prerogative in Test Selection

Date: Dec 29, 1995

Implied Consent Authority in DUI Cases: Tennessee Supreme Court Establishes Officer's Prerogative in Test Selection Introduction The case of STATE of Tennessee v. Sam Austin Turner (913 S.W.2d 158,...

Liability of Drivers with Known Medical Conditions: McCall v. Wilder

Date: Dec 12, 1995

Liability of Drivers with Known Medical Conditions: McCall v. Wilder Introduction Lisa A. McCall, the plaintiff-appellant, initiated a negligence action against Edgar A. Wilder, the administrator of...

Affirmation of Effective Assistance of Counsel in Post-Conviction Relief: Davis v. State of Tennessee

Date: Nov 16, 1995

Affirmation of Effective Assistance of Counsel in Post-Conviction Relief: Davis v. State of Tennessee Introduction Russell L. Davis v. State of Tennessee, 912 S.W.2d 689 (Supreme Court of Tennessee,...

Aaron v. Aaron: Supreme Court Upholds Permanent Alimony and Education Expenses

Date: Nov 7, 1995

Aaron v. Aaron: Supreme Court Upholds Permanent Alimony and Education Expenses Introduction Newton Byrd Aaron, III (Plaintiff-Appellee) appealed the Court of Appeals' decision in his divorce case...

Supremacy of Workers' Compensation Act Over Employer Contracts: Insights from McCALEB v. Saturn Corporation

Date: Nov 3, 1995

Supremacy of Workers' Compensation Act Over Employer Contracts: Insights from McCALEB v. Saturn Corporation Introduction McCALEB v. Saturn Corporation, 910 S.W.2d 412 (Tenn. 1995), is a pivotal case...

Extension of Tenn. Code Ann. § 40-14-207(b) to Post-Conviction Capital Cases

Date: Oct 24, 1995

Extension of Tenn. Code Ann. § 40-14-207(b) to Post-Conviction Capital Cases Introduction In the landmark case of Gaile K. Owens and Pervis T. Payne v. State of Tennessee, the Supreme Court of...

Enhancement Factors in Vehicular Homicide Sentencing: Insights from STATE of Tennessee v. Teri Melissa Bingham

Date: Oct 3, 1995

Enhancement Factors in Vehicular Homicide Sentencing: Insights from STATE of Tennessee v. Teri Melissa Bingham Introduction STATE of Tennessee v. Teri Melissa Bingham, 910 S.W.2d 448 (1995), is a...

Procedural Defaults in Tennessee Post-Conviction Relief: House v. State of Tennessee

Date: Sep 26, 1995

Procedural Defaults in Tennessee Post-Conviction Relief: House v. State of Tennessee Introduction House v. State of Tennessee, 911 S.W.2d 705 (Tenn. 1995), is a pivotal Supreme Court of Tennessee...

State of Tennessee v. Walker: Defining the Boundaries of Co-Conspirator Hearsay Exception in Post-Conspiracy Contexts

Date: Sep 19, 1995

State of Tennessee v. Walker: Defining the Boundaries of Co-Conspirator Hearsay Exception in Post-Conspiracy Contexts Introduction In the landmark case of State of Tennessee v. Tommy Joe Walker, 910...

Non-Attorney Representation in Tax Appeals: Tennessee Supreme Court Upholds Statutory Authorization

Date: Sep 12, 1995

Non-Attorney Representation in Tax Appeals: Tennessee Supreme Court Upholds Statutory Authorization Introduction In the landmark case In re Petition of Charles W. Burson, Attorney General of...

Reaffirmation of the 'Thirteenth Juror' Rule: Mandating New Trials When Trial Courts Fail in their Evaluative Function

Date: Sep 12, 1995

Reaffirmation of the 'Thirteenth Juror' Rule: Mandating New Trials When Trial Courts Fail in their Evaluative Function Introduction In the landmark case of State of Tennessee v. Andrew Lee Moats, 906...

Application of the Savings Statute Over the Statute of Repose in Tennessee Medical Malpractice Cases: Cronin v. Howe

Date: Sep 6, 1995

Application of the Savings Statute Over the Statute of Repose in Tennessee Medical Malpractice Cases: Cronin v. Howe Introduction The case of Nancy M. Cronin v. John W. Howe, M.D., decided by the...

Retroactive Application of Jury Instruction Standards and Effective Assistance of Counsel in Post-Conviction Relief: Adkins v. Tennessee

Date: Aug 26, 1995

Retroactive Application of Jury Instruction Standards and Effective Assistance of Counsel in Post-Conviction Relief: Adkins v. Tennessee Introduction Adkins v. Tennessee, 911 S.W.2d 334 (1995), is a...

Remanding for Resentencing: State v. Wilkerson Establishes Enhanced Scrutiny for Dangerous Offender Classification

Date: Aug 22, 1995

Remanding for Resentencing: State v. Wilkerson Establishes Enhanced Scrutiny for Dangerous Offender Classification Introduction The case of State of Tennessee v. Timothy Michael Wilkerson (905 S.W.2d...

Affirmation of Standards for Effective Assistance of Counsel in STATE v. CAMPBELL

Date: Jul 11, 1995

Affirmation of Standards for Effective Assistance of Counsel in STATE v. CAMPBELL Introduction STATE v. CAMPBELL (904 S.W.2d 594) is a pivotal case adjudicated by the Supreme Court of Tennessee on...

Edgin v. State: Clarifying Brady Materiality in Aggravated Rape Cases

Date: Jul 11, 1995

Edgin v. State: Clarifying Brady Materiality in Aggravated Rape Cases Introduction The case of STATE of Tennessee v. Isaac Earl Edgin (902 S.W.2d 387) serves as a pivotal judicial decision in...