Raybin Tennessee Supreme Court Hot List

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 […]

Case: Carolyn Crisp v. Michael Nelms Issue: Was “paceline” cycler at least 50% at fault for accident as a matter of law? Facts: Plaintiff died while bicycling in a “paceline” group. His surviving spouse sued other cyclists, alleging they had slowed down suddenly. Defendants were granted summary judgment on the basis that paceline cycling is inherently dangerous such […]