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:

Good Faith Exception for Search Warrants

Cases:  State v. Lindsey Lowe and State v. Angela Daniel Issue:  When does the Exclusionary Rule Reform Act permit mistakes in the issuance and serving of search warrants? Facts:  Both of these unrelated cases … [Read more...]

Severances, Transferred Intent, and Double Jeopardy

Case:  State of Tennessee v. Lajuan Harbison Issues: (1) When should co-defendants have separate trials? (2) Can transferred intent support a voluntary manslaughter conviction? (3) Can a person receive … [Read more...]

Theft of Real Property

Case:  State of Tennessee v. Tabitha Gentry, aka Abka Re Bay Issue:  Does a person commit theft by occupying a house and preventing entry by the owner? Facts:  The Defendant occupied a vacant house that was in the … [Read more...]

Self-Defense

Case:  State of Tennessee v. Antoine Perrier Issues:  Should the trial court or jury determine whether the defendant was “engaged in unlawful activity” in a self-defense case? What is the proper interpretation of … [Read more...]

Alternative Sentencing

Case:  State of Tennessee v. Kevin E. Trent Issue:  Did the trial court err in rejecting alternative sentencing? Facts:  Defendant entered into a plea agreement to vehicular homicide by intoxication for an eight … [Read more...]

Tax Overpayment Refund

Case:  Chuck's Package Store et al. v. City of Morristown Issue:  Must a taxpayer pay “under protest” in order to later challenge overpayment? Facts:  Six liquor Stores sued the City to refund a portion of … [Read more...]

Legal Malpractice Statute of Limitations

Case:  John Howard Story et al. v. Nicholas D. Bunstein et al. Issue:  When does a legal malpractice claim accrue? Facts:  Attorneys represented Clients in an underlying lawsuit against two defendants. One … [Read more...]

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