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.


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...]

Relief from Execution for Intellectually Disabled

Case:  Pervis Tyrone Payne v. State of Tennessee Issues: The Supreme Court’s order granting review identified the following issues: (1) the appropriate remedy for an intellectual disability claim under these … [Read more...]

Health Care Liability Act

Case:  Adam Ellithorpe, et al v. Janet Weismark Issue:  What is the proper standard for determining whether all, or part, of a complaint is subject to the Health Care Liability Act’s pre-suit notice … [Read more...]

Marital Dissolution Agreements

Case:  Guy Hawkins v. Diana Le-Hawkins Issues:  Can a Marital Dissolution Agreement be enforced if it was filed in regards to a legal separation rather than a pending divorce? Is a divorce valid in light of a … [Read more...]

Election of Offenses

Case:  State of Tennessee v. Jimmy Dale Qualls Issue:  Was the State’s election of offenses sufficiently specific? Facts:  Defendant was convicted of abusing his two daughters over a lengthy period of time. The … [Read more...]

Zoning Appeal

Case:  Metro v. The Board of Zoning Appeals Issue:  Can a city challenge a zoning determination with a writ of certiorari? Facts:  A billboard company applied to Metro Codes for permits. When the applications were … [Read more...]

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