Raybin Tennessee Supreme Court Hot List

Ben Raybin and David 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.

CASES PENDING REVIEW IN THE SUPREME COURT OF TENNESSEE:

Sex Offender Probation

Case:  State v. Westley A. Albright Issue:  Can a person on sex offender probation be violated for failing to admit his or her crime? Facts:  Defendant pled nolo contendere to a sex offence. As a condition of probation, Defendant agreed … [Read more...]

Accrual of Civil Actions

Case:  David R. Smith v. The Tennessee National Guard Issue:  Did the case “accrue” upon discovery of injury, or upon creation of a legal remedy? Facts:  In 2011, Smith separated from the Tennessee National Guard, alleging that he had … [Read more...]

Attempted Creation of Child Pornography

Case:  State of Tennessee v. David Scott Hall Issue:  Was the evidence sufficient to prove the Defendant attempted to produce child pornography where the victim was expected only to change clothes? Facts:  The Victim testified that she … [Read more...]

Retroactivity of Constitutional Challenges to Criminal Statutes

Case:  State of Tennessee v. Christopher Minor Issue:  If a criminal law is found unconstitutional after trial, can the issue be raised for the first time on appeal? Facts:  Defendant was convicted of various offenses, including the … [Read more...]

Warrantless Search of Parolees and Probationers

Case:  State of Tennessee v. Janet Michelle Stanfield, Tony Alan Winsett, and Justin Bradley Stanfield Issue:  When can law enforcement do a warrantless search on probationers and parolees? Facts:  A probationer, parolee, and another … [Read more...]

Health Care Liability Action Pre-Suit Notice

Case:  Tiffine Wendalyn Gail Runions, et al. v. Jackson-Madison County General Hospital District, et al. Issue:  What happens when pre-suit notice misidentifies the proper defendant, but the defendant receives the notice? Facts:  The … [Read more...]

Writ of Error Coram Nobis

Case:  Tommy Nunley v. State of Tennessee Issues: Is withholding of evidence grounds for coram nobis relief? When is a petition for coram nobis time-barred? Facts:  Nunley was convicted of aggravated rape in 1998. In 2014, he filed a … [Read more...]

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