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. Each month we “prune” the list to remove cases which have been decided so the list is as current as possible.


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...]

Challenging a Conviction After the Sentence has Expired

Cases:  State v. Adrian R. Brown and State v. James D. Wooden Issue:  May a conviction may be challenged after the sentence has expired? Facts:  In State v. Brown, Mr. Brown was convicted of a drug offense which … [Read more...]

Utility Charge Challenges

Case:  American Heritage Apartments, Inc. v. The Hamilton County Water and Wastewater Treatment Authority, Hamilton County, Tennessee Issue:  Is local Water Authority subject to private cause of action for allegedly … [Read more...]

Traffic Stop Suppression

Case:  State of Tennessee v. Linzey Danielle Smith State of Tennessee v. William Whitlow Davis, Jr. Issue:  Does driving over the fog line justify a stop of the vehicle? Facts: In these consolidated cases, the … [Read more...]

Corporate Shareholder Standing

Case:  In Re: Estate of Edward Stephen McRedmond Issue:  Do shareholders of a corporation have standing to seek damages for alleged corporate losses or to seek an injunction? Facts:  The case involves a long … [Read more...]

Lesser-Included Offenses

Case:  Rashe Moore v. State of Tennessee Issue:  Should the trial court have instructed on the lesser-included offense of Aggravated Kidnapping, where the Defendant was tried for Especially Aggravated Kidnapping for … [Read more...]

Defective Indictment

Case:  State of Tennessee v. Willie Duncan Issue:  Must an indictment specify a predicate felony for a charge of employing a firearm during the commission of a dangerous felony? Facts: Defendant was indicted for … [Read more...]

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