Raybin Tennessee Supreme Court Hot List
The Hot List reviews cases which have been recently granted review by the Tennessee Supreme Court to help attorneys keep up with trending legal issues and anticipate potential changes in the law. The Hot List offers a prediction as to how each case might be decided.
Consecutive Sentencing
January 31, 2022Case: State of Tennessee v. Quinton Devon Perry Facts: Defendant pled guilty to several counts of aggravated sexual exploitation, and additional counts of aggravated sexual exploitation of a minor where the number of exploitive materials exceeded twenty-five. The trial court ordered partial consecutive sentencing on the basis that Defendant had an extensive record of criminal […]
read moreProsecutorial Misconduct Standard of Review
October 20, 2021Case: State of Tennessee v. Tyler Ward Enix Facts: On appeal, Defendant raised six challenges to the State’s closing argument. The State argued all but one of those challenges were waived because Defendant failed to object during the closing argument, in the motion for new trial, or both. Appellate Decision: The intermediate court held that […]
read moreArrests Outside Officers’ Jurisdiction
October 20, 2021Case: State of Tennessee v. Corey Forest Facts: Defendant was arrested for possessing contraband found during a traffic stop. Notably, the stop was initiated by a City of Columbia police officer outside of the Columbia city limit. Defendant filed a motion to suppress, contending, among other things, that the City of Columbia police officer lacked […]
read moreExpert Testimony Against Co-Defendant in Health Care Liability Case
October 20, 2021Case: Brittany Borngne Ex Rel. Miyona Hyter v. Chattanooga-Hamilton County Hospital Authority Et Al. Facts: Plaintiff filed a Health Care Liability Act claim against various defendants generally alleging Nurse was negligent in calling Doctor too late after failing to timely recognize a serious medical issue. During Doctor’s deposition, he declined to answer questions about Nurse’s […]
read moreHealth Care Liability Act: Vicarious Liability Claims
October 20, 2021Cases: Beverly Gardner v. Saint Thomas Midtown Hospital Dennis Harold Ultsch v. HTI Memorial Hospital Corporation Facts: In two unrelated cases, the plaintiffs initially filed suit against hospitals for vicarious liability of their agents and provided the requisite pre-suit notices. The plaintiffs then sought to add the agents as additional defendants more than one year […]
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