Raybin Tennessee Supreme Court Hot List

Case:  David New v. Lavinia Dumitrache, et al. Facts:  Mother was granted an Order of Protection against Father in general sessions court. Thirty-Six days later, Father filed suit in chancery court seeking to enroll their Texas divorce decree and appeal the OP. The chancery court dismissed the suit in its entirety for lack of subject […]

Case:  Lataisha M. Jackson v. Charles Anthony Burrell, et al. Facts:  Plaintiff alleged she was assaulted while receiving a massage at a day spa. She brought intentional tort and negligence claims against both the therapist and the business. She provided a pre-suit notice but did not file a certificate of good faith with her complaint, […]

Case:  Marty Holland v. State of Tennessee Facts:  Petitioner pled guilty and received a sentence ordered to run concurrently to an ongoing federal sentence. Nothing was presented at sentencing regarding his federal sentence. Petitioner sought post-conviction relief on the basis that his attorney had failed to investigate three matters related to his case. The court […]

Case:  In Re: Cumberland Bail Bonding Facts:  Bail Bond Company’s bonding privileges were suspended due to violation of a local rule requiring a bonding agent be present for a defendant’s first court appearance. Appellate Decision:  The intermediate court reversed, holding that because the rules already require a bonding company require the company to notify the […]

Case:  Antonio Howard v. State of Tennessee Facts:  Petitioner filed for post-conviction relief, alleging that his trial counsel was ineffective in failing to file a timely motion for new trial. Appellate Decision:  The intermediate court held that trial counsel was deficient and Petitioner was presumptively prejudiced by the deficiency pursuant to Wallace v. State, 121 […]