Raybin Tennessee Supreme Court Hot List

Case: Lewis Alvin Minyard v. Laura Nicole Lucas and Bradley James Cox v. Laura Nicole Lucas Facts: Both of these cases involve a post-divorce custody dispute between Mother and her two ex-husbands. In each case, the Fathers filed petitions for ex parte emergency relief and modification of the permanent parenting plan in Circuit Court, but […]

Case: Paul Zachary Moss v. Shelby County Civil Service Merit Board Facts: Employee was terminated from his employment with the Shelby County Fire Department after he was involved in a physical altercation at a political rally. Appellate Decision: The intermediate court reversed, finding that the employee’s due process rights were violated because he was not […]

Case:Stephen P. Geller v. Henry County Board of Education Facts: A tenured teacher serving as an assistant principal was transferred to teach at an alternative school after the local director of schools learned that the teacher did not hold an administrator’s license. On appeal, the teacher asserts that the transfer was arbitrary and capricious where […]

Case: State v. Steve M. Jarman Facts: Defendant was charged with first degree murder and convicted of voluntary manslaughter. Defendant challenged, among other things, that the court improperly admitted evidence of an alleged 2013 assault where the Defendant had been acquitted. Appellate Decision: The intermediate court agreed with Defendant and reversed the conviction, citing that […]

Case: State v. Reuben Eugene Mitchell Facts: Defendant was convicted of arson and filing a false insurance claim. Defendant appealed, alleging that the evidence was insufficient to sustain the convictions. Appellate Decision: The intermediate court reversed the conviction for filing a false insurance claim because the defendant “legally, and under the policy, did not initiate […]

Case: In re: Rader Bonding Company Facts: Bonding Company was the surety for a defendant’s DUI-2nd and Driving on a Revoked License. The State later obtained an indictment that increased the severity of the defendant’s DUI charge to DUI-4th offense and also contained the original Driving on a Revoked License Charge. After the defendant failed […]

Case:Roy Franks, et al. v. Tiffany Sykes, et al. Facts: Two separate Plaintiffs alleged the filing of undiscounted hospital liens violated the Tennessee Consumer Protection Act (TCPA) by “[r]epresenting that a consumer transaction confers or involves rights, remedies or obligations that it does not have or involve or which are prohibited by law.” The trial […]

Case:State v. Antonio Benson Facts: The Defendant shot and killed the victim after an argument and was convicted of first-degree murder. The Defendant requested a self-defense jury instruction , contending the proof showed the victim was under the influence of meth, was the first aggressor, and attacked the Defendant first. The trial court denied the […]

Case:  Polly Spann Kershaw v. Jeffrey L. Levy Issue: Is a former client judicially estopped from claiming her attorney gave her negligent representation after the client swore in the underlying legal proceeding that she was satisfied by the result of the case? Facts:  Former Client sued her former Divorce Attorney, claiming she suffered monetary damages due […]

Case:  State v. Angela Hamm and David Hamm Issue: Are probationers subject to warrantless, suspicionless searches? Facts: Angela and David Hamm were married and lived together. Angela Hamm was on probation. A confidential informant made a statement potentially implicating Angela and David for selling methamphetamine. Officers were unsuccessful in doing a controlled buy or obtaining other direct […]