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.

CASES PENDING REVIEW IN THE SUPREME COURT OF TENNESSEE:

Standing to Challenge Tax Sale

Case:  Mortgage Electronic Registration Systems, Inc. v. Carlton J. Ditto, et al Issue:  Is MERS entitled to notice before the sale of a mortgage loan from one of its members? Facts:  Plaintiff MERS provides an … [Read more...]

Public Records Act

Case:  Stephen Michael West, et al. v. Derrick D. Schofield, et al. Issue:  Does the Public Records Act make the identities of executioners privileged from pre-trial discovery? Facts:  Death Row Inmates filed a … [Read more...]

Merger of Offenses

Case:   State of Tennessee v. Terrence Justin Feaster Issue:   Whether convictions for attempted voluntary manslaughter and aggravated assault should have been merged under due process principles. Facts:  The … [Read more...]

Right of Confrontation: Medical Examiners Report

Case:   State v. Thomas Lee Hutchinson Issue:   Can a medical examiner testify as to the contents of an autopsy report written by a different medical examiner? Facts:  One medical examiner prepared the autopsy … [Read more...]

Search and Seizure: Inevitable Discovery

Case:   State of Tennessee v. Thomas Lee Hutchison Issue:   Whether the inevitable discovery doctrine applied to the search of the defendant’s home. Facts:  Following a report of a shooting, officers entered … [Read more...]

Pre-Suit Notice in Health Care Liability Action

Case:  Clayton Arden, Surviving Spouse v. Kenya L. Kozawa, M. D. Issues: Was pre-suit notice sufficient despite failing to list addresses of plaintiff and defendant? Was service of notice via Federal Express (rather … [Read more...]

Tennessee Public Protection Act and the GTLA

Case:  David G. Young, Individually and as City Administrator for the City of Lafollette v. City of Lafollette et al. Issue:  Does the GTLA’s non-jury provision apply to claims brought pursuant to the Tennessee … [Read more...]

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