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.
Criminal Savings Statute
October 20, 2021Case: State of Tennessee v. Marvin Maurice DeBerry Facts: Defendant was convicted of driving after having been declared a motor vehicle habitual offender (“MVHO”). After his conviction but prior to his sentencing, an amendment to the statute that was the basis of his MVHO conviction went into effect, so that the Defendant’s conduct was no […]
read moreExpungments
August 20, 2021Case: Recipient of Final Expunction Order v. David B. Rausch, Director of TBI Facts: The Plaintiff in this case received and completed judicial diversion for a criminal offense. Plaintiff then obtained an Order from Circuit Court directing that all public records regarding the offense be expunged and destroyed. The TBI refused to expunge its records […]
read moreComparative Fault and Attorney’s Fees
August 20, 2021Case: Pryority Partnership v. AMT Properties, LLC, Et Al. Facts: In this action involving a commercial lease, the trial court granted judgment in favor of the lessee, determining that the lessor had materially breached the lease. The court further determined that the lessor was liable for negligent misrepresentation, due to its misrepresentations concerning the condition […]
read moreForgery Convictions
August 20, 2021Case: State of Tennessee v. Ronald Lyons, James Michael Usinger, Lee Harold Cromwell, Austin Gary Cooper, and Christopher Alan Hauser Facts: The Defendants, who were upset with various government officials, electronically submitted baseless lien filings against them with the Secretary of State’s office. The Defendants were convicted on multiple counts of forgery and fraudulent filing […]
read moreDrug Free School Zones
August 20, 2021Case: State of Tennessee v. Douglas E. Linville Facts: Defendant was convicted and sentenced under the Drug Free School Zone for possessing drugs near a park. Pursuant to the “School Zone” law, the record reflected the Defendant was to be punished one classification higher, but the judgement form did not reflect the enhancement. Appellate Decision: […]
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