Raybin And Perky Tennessee Supreme Court Hot List

David Raybin, Sarah Perky, and Ben Raybin edit the Tennessee Supreme Court Hot List which will keep you informed about the recent grants of review in both civil and criminal cases and what it may mean to your practice.

The following list addresses all pending cases where review was granted in order of the date of grant of review. Since cases often involve multiple issues and the Court generally does not specify which ones are of concern, the issues identified below may not always be the ones addressed in the Court's opinions.


Warrantless Search of Residence

Case:  State of Tennessee v. James Robert Christensen, Jr. Issue:  Did officers need a search warrant to enter the property bearing a “no trespassing” sign while investigating an active meth lab? Facts:  Law … [Read more...]

Sexual Exploitation of a Minor

Case:  State of Tennessee v. Thomas William Whited Issue:  Does the term “sexual activity” in the Sexual Exploitation statute encompass bathroom usage when a person records someone engaging in normal bathroom … [Read more...]

Civil Collateral Estoppel From Criminal Conviction

Case:  Ms. Bowen, et al v. William E. Arnold, Jr. Issue:  Does a criminal conviction collaterally estop a civil defendant from a defense on the merits in a civil case regarding the same conduct? Facts:  Defendant … [Read more...]

Community Caretaking Police Function

Case:  State of Tennessee v. Kenneth McCormick Issue:  Can the police seize and detain citizens when acting as a “community caretaker”? Facts:  Officer saw Defendant parked in a parking lot late at night, with … [Read more...]

Tennessee Teacher Tenure Act

Case:  Emory v. Board of Education Issue:  What is the remedy when a School Board fails to conduct a tenured teacher’s termination hearing within the time mandated by the statute? Facts:  Teacher, who had … [Read more...]

Uninsured Motorist Coverage

Case:  Edward Martin v. Gregory Powers, et al Issue:  Does an Uninsured Motorist Policy cover an accident caused by a rental car, when the rental company is self-insured yet exempt from liability? Facts:  … [Read more...]

Defective Indictment and Lesser-Included Offenses

Case:  State of Tennessee v. Rhakim Martin Issues: Must an indictment specify a particular predicate felony? Did the trial court commit plain error in failing to instruct the jury on a charge that was not deemed to be … [Read more...]

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