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.


Election of Offenses

Case:  State of Tennessee v. Courtney Knowles Issue:  Must a conviction be reversed when the State’s elected offense specified the wrong act for the date provided? Facts:  Defendant was tried for one count of … [Read more...]

Summary Judgment Standard

Case:  Michelle Rye, et al. v. Women's Care Center of Memphis, MPLLC d/b/a Ruch Clinic, et al. Issue: The Supreme Court’s Order granting review noted the Court’s interest in “whether the Court should re-consider … [Read more...]

DUI Arrest

Case:  State of Tennessee v. Mechelle L. Montgomery Issue:  Can an officer detain a DUI suspect for fifteen minutes without performing any DUI investigation to wait for additional information regarding an unrelated … [Read more...]

Criminal Jury Selection

Case:  State of Tennessee v. Dominc Eric Frausto Issue:  Did the trial court’s deviation from the jury selection procedure in Rule 24(d) create reversible error? Facts:  Jury selection began with the trial … [Read more...]

Power of Attorney

Case:  Wilkins, et al. v. GGNSC Springfield, LLC, et al. Issue:  Does a health care power of attorney authorize an agent to execute an optional arbitration agreement? Facts:  Mother executed a health care power of … [Read more...]

Comparative Fault in Claims Commission Cases

Case:  Richard Moreno v. City of Clarksville Issue: When a plaintiff timely files a claim against the State, and the State alleges fault by another government entity after the statute of limitations has run, may the … [Read more...]

Arbitration Agreement Enforceability

Case:  Richard A. Berent v. CMH Homes, Inc. et al. Issue:  May an arbitration agreement be enforced that restricts all claims from a buyer to arbitration, but allows the seller to pursue judicial remedies? Facts:  … [Read more...]

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