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.


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...]

Impeachment by Prior Conviction

Case:  State of Tennessee v. Frederick Herron Issue:  Is Defendant entitled to new trial where trial court would have allowed impeachment by an unspecified prior felony conviction, even though Defendant’s testimony … [Read more...]

Motion for New Trial in FELA Case

Issue: Did the trial court give erroneous instruction in a FELA case? If so, what is the proper remedy when the jury's verdict changed following additional post-verdict instructions? Facts:  Employee sued Employer … [Read more...]

Due Process Concerns for Kidnapping Convictions

Case: State of Tennessee v. Larry Jereller Alston, et al Issue: When does due process forbid convictions for kidnapping and other felonies occurring during the same criminal episode? Facts: Defendants robbed the … [Read more...]

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