Tennessee Case Commentaries

Duty of Care in Premises Liability: Tennessee Supreme Court's Balancing Approach in Cullum v. McCool

Date: Dec 19, 2013

Duty of Care in Premises Liability: Tennessee Supreme Court's Balancing Approach in Cullum v. McCool Introduction The case of Jolyn Cullum et al. v. Jan McCool et al. (432 S.W.3d 829) adjudicated by...

Strict Compliance Required for Pre-Suit HIPAA Authorization under Tenn. Code Ann. § 29–26–121(a)(2)(E)

Date: Nov 26, 2013

Strict Compliance Required for Pre-Suit HIPAA Authorization under Tenn. Code Ann. § 29–26–121(a)(2)(E) Introduction The case of Christine Stevens ex rel. Mark Stevens v. Hickman Community Health Care...

Lowering the Barrier for Modifying Residential Parenting Schedules: Analysis of Armbrister v. Armbrister

Date: Oct 22, 2013

Lowering the Barrier for Modifying Residential Parenting Schedules: Analysis of Armbrister v. Armbrister, 414 S.W.3d 685 Introduction Andrew K. Armbrister and Melissa H. Armbrister, both practicing...

State v. Hargett: Tennessee Supreme Court Upholds Voter ID Requirements and Declares Library-Issued IDs Moot

Date: Oct 18, 2013

State v. Hargett: Tennessee Supreme Court Upholds Voter ID Requirements and Declares Library-Issued IDs Moot Introduction In the landmark case City of Memphis, Tennessee et al. v. Tre Hargett,...

Expanding Criminal Liability: 'Natural and Probable Consequences' Doctrine Confirmed in State v. Dickson

Date: Oct 9, 2013

Expanding Criminal Liability: 'Natural and Probable Consequences' Doctrine Confirmed in State of Tennessee v. Dickson Introduction State of Tennessee v. Kevin Anthony Dickson, Jr., 413 S.W.3d 735...

Standard for Modifying Grandparent Visitation Established in Lovlace v. Copley

Date: Sep 7, 2013

Standard for Modifying Grandparent Visitation Established in Lovlace v. Copley Introduction The case of Neal Lovlace et al. v. Timothy Copley et al., adjudicated by the Supreme Court of Tennessee in...

Duty to Preserve Exculpatory Evidence: A Comprehensive Commentary on State v. Merriman

Date: Aug 17, 2013

Duty to Preserve Exculpatory Evidence: A Comprehensive Commentary on State v. Merriman Introduction State of Tennessee v. Angela M. Merriman, 410 S.W.3d 779 (Tenn. 2013), is a pivotal case...

Tennessee Supreme Court Overrules Accomplice Corroboration Requirement for Statutory Rape Victims

Date: Aug 13, 2013

Tennessee Supreme Court Overrules Accomplice Corroboration Requirement for Statutory Rape Victims Introduction In the landmark case State of Tennessee v. DeWayne Collier, decided on August 12, 2013,...

Abandonment Does Not Constitute Tampering with Physical Evidence: Insights from State v. Hawkins

Date: Jun 21, 2013

Abandonment Does Not Constitute Tampering with Physical Evidence: Insights from State v. Hawkins Introduction State of Tennessee v. Ledarren S. Hawkins (406 S.W.3d 121) is a pivotal case decided by...

Impact of Improper Juror Communication on Verdicts: Analysis of State v. Prince Adams

Date: May 17, 2013

Impact of Improper Juror Communication on Verdicts: Analysis of State v. Prince Adams Introduction State of Tennessee v. Prince Adams, 405 S.W.3d 641 (Tenn. 2013), is a landmark case adjudicated by...

Non-Preemption of State Tort Claims Under FMVSS 205 and 208: Lake v. Memphis Landsmen

Date: May 4, 2013

Non-Preemption of State Tort Claims Under FMVSS 205 and 208: Lake v. Memphis Landsmen Introduction The case of Clifton A. Lake, et al. v. The Memphis Landsmen, LLC, et al. (405 S.W.3d 47) adjudicated...

Clarifying Invocation of the Right to Counsel: Insights from State v. Climer

Date: Apr 20, 2013

Clarifying Invocation of the Right to Counsel: Insights from State v. Climer Introduction State of Tennessee v. David Hooper Climer, Jr., decided by the Supreme Court of Tennessee in 2013, addresses...

Constructive Possession in Drug-Related Cases: Insights from STATE of Tennessee v. Bobby Lee ROBINSON

Date: Apr 20, 2013

Constructive Possession in Drug-Related Cases: Insights from STATE of Tennessee v. Bobby Lee ROBINSON (400 S.W.3d 529) Introduction The case of STATE of Tennessee v. Bobby Lee ROBINSON is a pivotal...

Affirmation of Subject Matter Jurisdiction in Mutual Wills Breach Cases: In re Estate of Ina Ruth Brown

Date: Mar 23, 2013

Affirmation of Subject Matter Jurisdiction in Mutual Wills Breach Cases: In re Estate of Ina Ruth Brown Introduction The In re Estate of Ina Ruth Brown case, adjudicated by the Supreme Court of...

Jury Instructions and Partial Acquittals in Consolidated Trials: Insights from STATE v. Little

Date: Mar 23, 2013

Jury Instructions and Partial Acquittals in Consolidated Trials: Insights from STATE of Tennessee v. Jereme Dannuel Little Introduction The case of STATE of Tennessee v. Jereme Dannuel Little,...

Due Process Tolling in Post-Conviction Relief: The Artis Whitehead Case

Date: Mar 22, 2013

Due Process Tolling in Post-Conviction Relief: The Artis Whitehead Case Introduction The case of Artis Whitehead v. State of Tennessee (402 S.W.3d 615) represents a significant development in the...

Establishing Abandonment by Willful Failure to Visit for Termination of Parental Rights

Date: Mar 14, 2013

Establishing Abandonment by Willful Failure to Visit for Termination of Parental Rights Introduction In In re The Adoption of Angela E. et al. (402 S.W.3d 636), the Supreme Court of Tennessee...

Clear and Convincing Evidence Standard in Parental Rights Termination: Insights from In re Taylor B.W. et al.

Date: Feb 22, 2013

Clear and Convincing Evidence Standard in Parental Rights Termination: Insights from In re Taylor B.W. et al. Introduction The case of In re Taylor B.W. et al. ([2013] 397 S.W.3d 105) adjudicated by...

Enhancing the Standard for Effective Assistance of Counsel in Expert Testimony and In-Court Restraints: Analysis of Mobley v. Tennessee

Date: Feb 22, 2013

Enhancing the Standard for Effective Assistance of Counsel in Expert Testimony and In-Court Restraints: Analysis of Mobley v. Tennessee Introduction Brandon Mobley v. State of Tennessee, 397 S.W.3d...

Implied Covenant of Good Faith in Assignment Agreements: Establishing Reasonableness in Consent

Date: Jan 18, 2013

Implied Covenant of Good Faith in Assignment Agreements: Establishing Reasonableness in Consent Introduction In the landmark case DICK BROADCASTING COMPANY, INC. OF TENNESSEE v. OAK RIDGE FM, INC....