News
November 9, 2017
In a case involving questions about jury deliberations that continued into the early morning hours, the Tennessee Supreme Court determined that the defense did not adequately object to the late-night session to appeal and that the issue cannot be reviewed under the plain error doctrine. The Court…
November 8, 2017
Lawyers across the Volunteer State donated more than $118 million worth of free pro bono legal services to Tennesseans in 2015, according to an annual report issued by the Tennessee Supreme Court’s Access to Justice Commission. In total, 591,064 hours of service were performed by 8,122 attorneys…
November 7, 2017
The Tennessee Supreme Court will hear three cases on November 8, 2017, in Jackson, TN. The details of the cases are as follows: Wednesday, November 8, 2017Drayton Beecher Smith II v. Board of Professional Responsibility - This matter is an appeal of a proceeding in which an attorney…
November 3, 2017
The Supreme Court of Tennessee reversed and remanded for a new sentencing hearing a fatal driving under the influence case from Claiborne County involving the defendant’s overuse of prescription pain medication. The trial court sentenced the defendant to eight years in prison, but the Court of…
October 20, 2017
In a case where a tractor-trailer, rear-end collision in Memphis resulted in a multi-million dollar jury verdict, the Tennessee Supreme Court upheld most of the trial court’s legal rulings, but it clarified when and how both trial and appeals courts can reduce jury verdicts. Plaintiff Donriel…
October 20, 2017
In a Hamblen County case involving a trust for a severely disabled child, the Tennessee Supreme Court held that Tennessee law authorized the trustee to sign an agreement requiring the trust to “arbitrate” claims against the broker who managed the trust funds. Arbitration is a process where parties…
October 16, 2017
The Supreme Court of Tennessee issued guidance on the steps courts should follow when a creditor sells collateral used to obtain a loan, but does not provide the required notice of the sale. The case involved a bank loan that was used to purchase an airplane, with the plane itself and additional…
October 9, 2017
The Tennessee Supreme Court will hear five cases on October 11, 2017, in Nashville, TN. The details of the cases are as follows: Wednesday, October 11, 2017Athlon Sports Communications, Inc., v. Stephen C. Duggan, et al. - This case considers the stock valuation method for determining…
October 5, 2017
In an opinion filed today, the Supreme Court of Tennessee clarified when a serious bodily injury must occur during a robbery to elevate the crime to especially aggravated robbery. This clarification is important because especially aggravated robbery carries a longer sentence than aggravated…
October 3, 2017
The Tennessee Supreme Court, acting on recommendations from its Indigent Representation Task Force, is taking action to reform the state’s method for providing legal assistance to individuals who are unable to afford an attorney.“The task force confirmed what many of us already suspected: The…
September 29, 2017
The Tennessee Supreme Court ruled today that courts must consider all nine statutory factors, as well as any other relevant facts, when deciding whether terminating parental rights is in a child’s best interests. The Supreme Court explained that requiring courts to consider all relevant facts…
September 21, 2017
In 2011, a disagreement arose among members of the Moscow, Fayette County, Temple Church of God in Christ about the person assigned to be its pastor by the parent denomination, the Church of God in Christ, Inc., (COGIC), headquartered in Memphis. The disagreement culminated in a dispute about…
September 20, 2017
In a case involving a 2014 election for circuit court judge in East Tennessee, the Tennessee Supreme Court has rejected the unsuccessful candidate’s claim that the Roane County Election Commission (“Commission”) had no authority under Tennessee law to decide a pre-election challenge to the…
September 14, 2017
In 2012, the Tennessee General Assembly adopted the Tennessee Excellence, Accountability, and Management Act of 2012 (“TEAM Act”), which comprehensively addressed the hiring and termination of state employees. The TEAM Act replaced the prior Civil Service Act. The TEAM Act established two…
September 1, 2017
Just like other emergency responders from Memphis to Mountain City, the Tennessee Supreme Court is announcing a call to action for “emergency legal responders” to lend a hand to those impacted by Hurricane Harvey. As was evident when the wildfires hit Gatlinburg last fall, there is a vital need…
August 31, 2017
The Tennessee Supreme Court will hear four cases on September 6, 2017, in Knoxville, TN. The first two cases will be heard at the University of Tennessee College of Law. The latter two cases will be heard at the Knoxville Courthouse. The details of the cases are as follows:State v.…
August 30, 2017
The Tennessee Supreme Court has rejected a defendant hospital’s argument that a wrongful death lawsuit filed by a surviving spouse was null and void because the spouse was not represented by a lawyer when the lawsuit was filed. In September 2004, Ruth Hartley was admitted to Trinity…
August 25, 2017
The Supreme Court has ruled that multiple convictions for sexual offenses arising from a single act of sexual assault should be analyzed under double jeopardy principles. In reaching this conclusion, the Court overruled its prior decision in State v. Barney, 986 S.W.2d 545 (Tenn. 1999), which held…
August 22, 2017
Source: Columbus Air Force BaseChildren of three World War II prisoners of war gathered during a Base Community Council luncheon Aug. 11 at the Club on Columbus Air Force Base, Mississippi; and Justice Sharon Lee, from the Tennessee Supreme Court, shared her father’s story and how it intertwined…
August 16, 2017
Jason Ray brought a lawsuit in federal court in West Tennessee seeking money damages for an alleged violation of his civil rights. Mr. Ray pled guilty in 2013 to theft of property over $60,000 and received a sentence of ten years, with eleven months and twenty-nine days to be served in the…