News
August 25, 2020
The Tennessee Supreme Court today confirmed that a judge has an obligation to recuse himself or herself from a case if the judge’s impartiality might reasonably be questioned, even if a litigant does not file a motion for recusal. The Court vacated the decision by a judge in a post-conviction…
August 5, 2020
Today, the Tennessee Supreme Court vacated the temporary injunction entered by the Davidson County Chancery Court, which, in part, required the State to provide an absentee ballot to any eligible voter validly seeking to vote by mail to avoid transmission or contraction of COVID-19 for all…
July 24, 2020
The Tennessee Supreme Court today set oral argument for Earle J. Fisher et al v. Tre Hargett et al for July 30 at 10:30 CDT. The case is being consolidated with Benjamin Lay et al. v. Mark Goins et al. Both cases address voting via absentee ballot. The oral arguments will take place remotely via…
July 16, 2020
In an opinion released today, the Tennessee Supreme Court determined that, when analyzing a claim of ineffective assistance of counsel, trial counsel’s failure to file a timely motion for new trial does not require a presumption of prejudice, overruling the Court’s previous decision in Wallace v.…
July 13, 2020
The Tennessee Supreme Court today ordered the cancellation of the Uniform Bar Examination in Tennessee scheduled for September 30-October 1, 2020, citing the current trajectory of the Covid-19 pandemic. Although stringent public health and safety protocols were planned for the administration of the…
July 9, 2020
The Tennessee Supreme Court today issued an Order requiring all persons entering a courthouse for the purpose of court-related business to wear a face covering over the nose and mouth. The face covering shall be worn at all times while in the building.The Chief Justice of the Tennessee Supreme…
July 6, 2020
The Tennessee Supreme Court in a unanimous decision has held that acquitted-act evidence, evidence of a prior act for which a defendant was acquitted in a previous trial, may be used against that defendant in a subsequent trial if it meets the requirements of Tennessee Rule of Evidence 404(b).…
July 2, 2020
The Tennessee Supreme Court issued an order today canceling the July 28 -29, 2020 administration of the Uniform Bar Examination in Tennessee. Although stringent public health and safety protocols were planned for the administration of the July 2020 examination, the potential benefits of…
June 29, 2020
The Tennessee Supreme Court today clarified that an appeal of an order of protection issued by a general sessions court must take place within 10 days, and the common law writ of error has been abolished.In the case before the Supreme Court, a general sessions court entered a one-year order of…
June 25, 2020
The Tennessee Supreme Court today issued the following statement on its commitment to equal justice:The Latin phrase that adorns the seal of the judiciary for the State of Tennessee means, “Let justice be done, though the heavens fall.” In many instances over the past few months, it seemed…
June 24, 2020
The Tennessee Supreme Court today issued orders in the appeals of Earle J. Fisher et al. vs. Tre Hargett et al. and Benjamin Lay et al v. Mark Goins et al. These cases were first decided in the Chancery Court for Davidson County and involve absentee voting in the state. Earle J. Fisher et al v. Tre…
June 15, 2020
The Tennessee Supreme Court today upheld the transfer of a West Tennessee assistant principal to a teaching position at another school. The Court held that the plaintiff assistant principal, a tenured teacher, did not prove that the transfer violated Tennessee’s Teacher Tenure Act.Stephen Geller…
June 12, 2020
The Tennessee Supreme Court today held that a city’s employee handbook did not give a firefighter who was discharged a right to stay in his job. The Court clarified that employees can claim rights based on employee handbooks only when the handbooks say specifically they are intended to be a…
June 12, 2020
The Tennessee Supreme Court has held that a plaintiff who alleged that a massage therapist sexually assaulted her during a massage did not have to present expert testimony to support her claim against the therapist’s employer for negligent training, supervision, and retention. Expert testimony was…
June 10, 2020
Tennessee Supreme Court Chief Justice Jeff Bivins will be honored next week with the Tennessee Bar Association's prestigious Justice Frank F. Drowota III Award. Chief Justice Bivins was chosen for his decades of service to the legal profession in Tennessee, including his unwavering support of…
May 28, 2020
The final case of the day is now livestreaming: https://www.youtube.com/watch?v=QEetcQxz_ws Brice Cook v. State of Tennessee–The defendant, Brice Cook, was tried and convicted by a jury of first-degree murder and sentenced to life imprisonment. Following the denial of his direct…
May 28, 2020
The Tennessee Supreme Court's second case of the day is now live-streaming:https://www.youtube.com/watch?v=eMyA1J2F3f4State of Tennessee v. Robert Jason Allison– The defendant, Robert Allison, was convicted of two counts of delivery of marijuana, one count of possession with intent to distribute…
May 28, 2020
The Tennessee Supreme Court is live-streaming: https://www.youtube.com/watch?v=s7x7dDIt7WQMelanie Lemon v. Williamson County Schools et. al.– In this case, the plaintiff, Melanie Lemon, brought suit against the school board and three individual administrators after she claimed she was harassed…
May 27, 2020
The Tennessee Supreme Court today issued an Order that extends the judicial state of emergency and eases restrictions imposed by previous court orders. These changes include allowing jury trials to begin after July 3 with strict protocols; allows eviction cases to be heard beginning June 1; ends…
May 26, 2020
The Tennessee Supreme Court has five cases set for its May 28, 2020 docket. These cases either will be heard by using livestream video conferencing or submitted on briefs. The first three cases will be heard by livestream video conferencing, and the last two cases will be submitted on…