Tennessee Case Commentaries

Tennessee Supreme Court Establishes Abuse of Discretion Standard for Sentencing Review in State v. Caudle

Date: Nov 28, 2012

Tennessee Supreme Court Establishes Abuse of Discretion Standard for Sentencing Review in State v. Caudle Introduction In State of Tennessee v. Christine Caudle, 388 S.W.3d 273 (Tenn. 2012), the...

Transferring Developer Rights in Homeowners Associations: Hughes v. New Life Development Corporation

Date: Nov 20, 2012

Transferring Developer Rights in Homeowners Associations: Hughes v. New Life Development Corporation Introduction The case of R. Douglas Hughes et al. v. New Life Development Corporation et al. (387...

Res Judicata Upholds Final Judgments Despite Statutory Changes in Grandparental Visitation Cases

Date: Nov 17, 2012

Res Judicata Upholds Final Judgments Despite Statutory Changes in Grandparental Visitation Cases Introduction The case of Jeanette Rea Jackson v. Bradley Smith (387 S.W.3d 486) adjudicated by the...

Sufficiency of Circumstantial Evidence in Support of Especially Aggravated Robbery and Felony Murder: STATE of Tennessee v. Carl J. Wagner

Date: Oct 13, 2012

Sufficiency of Circumstantial Evidence in Support of Especially Aggravated Robbery and Felony Murder: STATE of Tennessee v. Carl J. Wagner Introduction STATE of Tennessee v. Carl J. Wagner (382...

Affirmation of Felony Murder Conviction: Establishing Probable Cause and Harmless Error in Tennessee's Warrantless Arrests

Date: Oct 11, 2012

Affirmation of Felony Murder Conviction: Establishing Probable Cause and Harmless Error in Tennessee's Warrantless Arrests Introduction In the landmark case of State of Tennessee v. Travis Kinte...

Admission of Inadmissible Evidence and Prosecutorial Misconduct in State of Tennessee v. Hubert Glenn Sexton

Date: Oct 11, 2012

Admission of Inadmissible Evidence and Prosecutorial Misconduct in State of Tennessee v. Hubert Glenn Sexton Introduction In the landmark case of State of Tennessee v. Hubert Glenn Sexton, the...

Enforcement of Mandatory Pre-suit Notice and Good Faith Certificate Requirements in Tennessee Medical Malpractice Cases: Myers v. AMISUB (SFH), Inc.

Date: Oct 5, 2012

Enforcement of Mandatory Pre-suit Notice and Good Faith Certificate Requirements in Tennessee Medical Malpractice Cases: Myers v. AMISUB (SFH), Inc. Introduction Myers v. AMISUB (SFH), Inc. is a...

Recognition of Common-Law Intentional Misrepresentation in Paternity Cases: Hodge v. Craig

Date: Oct 2, 2012

Recognition of Common-Law Intentional Misrepresentation in Paternity Cases: Hodge v. Craig Introduction The case of Tina Marie Hodge v. Chadwick Craig, reported at (382 S.W.3d 325), constitutes a...

Reinforcement of Trial Court Discretion in Sentencing: STATE v. BISE Establishes Presumption of Reasonableness

Date: Sep 27, 2012

Reinforcement of Trial Court Discretion in Sentencing: STATE of Tennessee v. Susan Renee BISE Establishes Presumption of Reasonableness Introduction In STATE of Tennessee v. Susan Renee BISE, the...

Affirmation of Mandatory Exhaustion of Benefit Review Conference in Tennessee Workers' Compensation Claims

Date: Sep 22, 2012

Affirmation of Mandatory Exhaustion of Benefit Review Conference in Tennessee Workers' Compensation Claims Introduction The case of Lacey Chapman v. DaVita, Inc., decided by the Supreme Court of...

Bodily Injury Excludes Emotional Distress in Uninsured Motorist Claims: Garrison v. Bickford

Date: Aug 23, 2012

Bodily Injury Excludes Emotional Distress in Uninsured Motorist Claims: Garrison v. Bickford Introduction In the landmark case of Jerry Garrison et al. v. Rita Bickford et al., decided by the Supreme...

Insufficient Reasonable Suspicion in Anonymous Tips: Analysis of STATE v. WILLIAMSon

Date: Jun 1, 2012

Insufficient Reasonable Suspicion in Anonymous Tips: Analysis of State of Tennessee v. Guy Alvin Williamson Introduction In the case of State of Tennessee v. Guy Alvin Williamson, the Supreme Court...

Clarifying Appellate Jurisdiction and Estate Recovery for TennCare Claims: Analysis of In re Estate of Ardell Hamilton Trigg

Date: May 31, 2012

Clarifying Appellate Jurisdiction and Estate Recovery for TennCare Claims: Analysis of In re Estate of Ardell Hamilton Trigg Introduction The case of In re Estate of Ardell Hamilton Trigg, 368 S.W.3d...

Stewart v. Schofield: Tennessee Supreme Court Clarifies Inmate Procedures for Challenging TDOC Release Eligibility and Parole Decisions

Date: May 26, 2012

Stewart v. Schofield: Tennessee Supreme Court Clarifies Inmate Procedures for Challenging TDOC Release Eligibility and Parole Decisions Introduction In the landmark case of Stewart v. Schofield, the...

Protection of Attorney Work Product in Coram Nobis Petitions: Analysis of Cyrus Deville Wilson v. State of Tennessee

Date: Apr 21, 2012

Protection of Attorney Work Product in Coram Nobis Petitions: Analysis of Cyrus Deville Wilson v. State of Tennessee Introduction Cyrus Deville Wilson v. State of Tennessee is a landmark decision by...

Intentional Infliction of Emotional Distress in Cemetery Maintenance: Rogers v. Louisville Land Company

Date: Apr 20, 2012

Intentional Infliction of Emotional Distress in Cemetery Maintenance: Rogers v. Louisville Land Company Introduction Rogers v. Louisville Land Company et al., 367 S.W.3d 196 (Tenn. 2012), is a...

Application of Tennessee Rules 54.02 and 60.02 in Setting Aside Partial Default Judgments: Insights from Discover Bank v. Morgan

Date: Mar 28, 2012

Application of Tennessee Rules 54.02 and 60.02 in Setting Aside Partial Default Judgments: Insights from Discover Bank v. Morgan Introduction Discover Bank v. Joy A. Morgan (363 S.W.3d 479) is a...

State v. Watkins: Tennessee Supreme Court Adopts Blockburger Test for Double Jeopardy Analysis

Date: Mar 10, 2012

State v. Watkins: Tennessee Supreme Court Adopts Blockburger Test for Double Jeopardy Analysis Introduction The case of State of Tennessee v. Nigel Kavic Watkins represents a significant development...

Tennessee Supreme Court Emphasizes Jury Determination in Incidental Kidnapping within Dual Felony Convictions

Date: Mar 10, 2012

Tennessee Supreme Court Emphasizes Jury Determination in Incidental Kidnapping within Dual Felony Convictions Introduction In State of Tennessee v. Jason Lee White, the Supreme Court of Tennessee...

Tennessee Supreme Court Limits Ecclesiastical Abstention: Civil Liability for Negligent Hiring and Retention in Religious Institutions

Date: Feb 28, 2012

Tennessee Supreme Court Limits Ecclesiastical Abstention: Civil Liability for Negligent Hiring and Retention in Religious Institutions Introduction The case of Norman Redwing v. Catholic Bishop for...