The Tennessee Supreme Court will hear oral arguments next week regarding whether a death row inmate can properly challenge the constitutionality of electrocution as a possible method of execution.The Court will consider only one issue of many that are part of a lawsuit by 34 death row inmates…
Today, the Tennessee Supreme Court held that a Knoxville woman could forfeit her right to pretrial bail if it is shown that she committed crimes while released on bail pending trial for another crime.In March 2012, Latickia Burgins was charged with simple possession of marijuana in Knox County. Ms…
The University of Pittsburgh honored retired Tennessee Supreme Court Justice Janice M. Holder, of Memphis, with the Kenneth P. Dietrich School of Arts and Sciences Distinguished Alumni Award for her professional accomplishments, such as her work with Access to Justice issues, and dedication…
The Tennessee Supreme Court has held that a jury can be instructed to consider – and a defendant can be convicted of – the less serious crime of criminal attempt, even if there is evidence that the charged crime was not only attempted, but completed.Jeremy Thorpe was convicted in 2012 by a Davidson…
The Tennessee Supreme Court has ordered a new trial in a Union County sexual battery case because the jury was not selected in the manner prescribed by the Tennessee Rules of Criminal Procedure. Dominic Frausto was found guilty by a jury in 2009 of two counts of sexual battery. He appealed the case…
The Tennessee Supreme Court will add a voluntary funding mechanism for attorneys to contribute to access to justice programs, but will not require attorneys to report pro bono hours under changes adopted today.In an order filed today, the Court “continues to encourage strongly voluntary reporting…
The Tennessee Supreme Court has reinstated charges of driving under the influence and violating the open container law against Williamson County resident Mechelle Montgomery in an opinion that restores evidence gained during a search.In February of 2012, two officers with the Williamson County…
The Tennessee Supreme Court has affirmed the dismissal of a whistleblower claim by Charles Haynes, a former employee of Formac Stables, Inc., in Obion County.Haynes worked as a groom at Formac Stables. In April of 2010, hesuffered an injury to the head when kicked by a Tennessee Walking Horse named…
The Tennessee Supreme Court has granted a new trial in a Memphis case in which a man was convicted of rape of a child.In 2012, Frederick Herron was sentenced to 25 years in prison for the rape of his ex-wife’s younger sister. The victim, who said she was between the ages of 8 and 12 when the rapes…
The Tennessee Supreme Court has upheld a death sentence for a man who was convicted of first degree felony murder in 1991 for his role in the killing of an elderly couple during a string of burglaries near the Land Between the Lakes region.In June 1988, William Eugene Hall escaped from a Kentucky…
A new pilot project in Davidson County court will open the door to increased efficiencies in complex business litigation in Tennessee.Davidson County Chancellor Ellen Hobbs Lyle will preside over the pilot project, which is expected to start taking cases May 1. A chancellor since 1995, Lyle has…
The Tennessee Supreme Court, recognizing that technological advances have changed the way journalists provide coverage of courtrooms, is seeking comments from the public regarding proposed changes to Supreme Court Rule 30.The rule, which the Court adopted in 1995, provides instructions to the media…
Today, the Tennessee Supreme Court has denied a new trial to a Nashville man for two counts of the sale of an illegal drug within a school zone, despite his assertions that his attorney did not properly represent him at trial.In March and April of 2008, Calvin Eugene Bryant, Jr. sold the substance…
The Tennessee Supreme Court has reversed a trial court ruling ordering the State to disclose the names of those involved in the execution process in a lawsuit challenging Tennessee’s lethal injection protocol as unconstitutional cruel and unusual punishment.The case – a lawsuit filed by death row…
The Tennessee Supreme Court will hear two health care liability disputes among four cases scheduled for oral arguments March 4 in Jackson.The first case concerns the procedures required when filing a health care liability lawsuit. At the time the suit was filed, state law required a plaintiff to…
A Supreme Court order filed February 19 adds to comments for Tenn. Sup. Ct. R. 8, RPC 3.5(c) to clarify that attorneys are permitted to communicate with jurors or prospective jurors after the jury has been discharged "unless the communication isprohibited by law or a court order entered in the case…
The Tennessee Supreme Court today has agreed to decide whether a death row inmate can properly challenge the constitutionality of the possibility of electrocution as a method of execution.The lawsuit by 34 death row inmates challenges several aspects of Tennessee’s death penalty protocol. In an…
The Tennessee Supreme Court has affirmed the conviction of an East Tennessee woman for child neglect based upon her failure to obtain medical treatment for her daughter.In 2002, Jacqueline Crank’s adolescent daughter developed a tumor on her shoulder and began to experience extreme pain. Crank took…
The Tennessee Supreme Court will hear eight cases – four civil and four criminal – in oral arguments held February 4 and 5 in Nashville.The civil cases:The Chattanooga-Hamilton Co. Hospital Authority d/b/a Erlanger Health Systems v. United Healthcare Plan of the River Valley, Inc. d/b/a Americhoice…
The Tennessee Supreme Court has ruled that an employee is entitled to the full amount of workers’ compensation benefits awarded to him by a trial court.In 2009, Orville Lambdin retired from Goodyear Tire & Rubber Company where he had worked as a tire builder for over 35 years. He later sought…