Ecclesiastical Abstention

Case:  Church of God in Christ, Inc., et al v. L.M. Haley Ministries, Inc., et al. Issue:  When does the Ecclesiastical Abstention doctrine apply in church property disputes? Facts:  A hierarchical church filed a complaint against one of … [Read more...]

Judge-Elect GTLA Liability

Case:  Judith Moore-Pennoyer v. State of Tennessee, et al. Issue:  Does a judge-elect (who has not yet assumed office) act as a “state officer or employee” for purposes of the Government Tort Liability Act? Facts:  A judge-elect told the … [Read more...]

Trustee Authority to Arbitrate

Case:  Alexis Breanna Gladden v. Cumberland Trust and Investment Company et al. Issue:  Does the signature of a trustee on an investment account agreeing to arbitration bind a minor beneficiary? Facts:  A trust agreement created for a … [Read more...]

Repairman’s Lien

Case:  Embraer Aircraft Maintenance Serv., Inc, v, Aerocentry Corp., No. 3:13-cv-00059 (M.D.T.N). Issues: May a repairman’s lien arising under Tenn. Code Ann. § 66-19-101 be enforced by a method other than attachment of the … [Read more...]

Identity of Criminal Offenses

Case:  State of Tennessee v. Christopher Scottie Itzol-Deleon Issue:  When should criminal offenses be merged? Facts:  The victim testified that the Defendant removed her pajama pants while she was facing away from him and that she felt … [Read more...]

Jury Deliberations

Case:  State of Tennessee v. Susan Jo Walls Issue:  When may a jury be allowed to deliberate into late night hours? Facts:  The Defendant was hospitalized with a medical emergency shortly before jury instructions. Over defense counsel’s … [Read more...]

Order of Protection Notice

Case:  State of Tennessee v. Rodney Stephens Issue:  How much “notice” of a protective order must a respondent be given to be guilty of aggravated stalking when the person is “under” an order of protection or restraining order? Facts:  … [Read more...]

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